0693-AORDINANCE NO. 693-A
AN ORDINANCE AMENDING ORDINANCE NO. 693, ADOPTING
LOCAL AMENDMENTS TO THE 1997 EDITION OF THE UNIFORM
BUILDING CODE, APPENDIX CHAPTER 33 "EXCAVATION AND
GRADING," PROVIDING 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 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, the City Council of the City of Southlake deems it necessary to adopt this
ordinance providing minimum standards to safeguard the health, property, and welfare of the
citizens of Southlake by regulating grading on private property within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
19 ci~docs\ord\drafl\earth\693 a_2.doc 2
SECTION 1
That the "Exemptions" section of Appendix Chapter 33, Section 3306.2 of the 1997
Edition of the Uniform Building code, as adopted by City of Southlake Ordinance No. 8~)and
locally amended as provided in Exhibit "B" is incorporated herein and attached hereto-for all
purposes of this ordinance. The City of Southlake, Texas may from time to time determine that
additional local modifications to the Uniform Building Code, 1997 Edition, are necessary and
appropriate to meet the unique needs of the City of Southlake, Texas· To effectuate these local
modifications~ the City Council shall enact individual ordinances amending this Ordinance, fully
setting forth the change to be made in th~ Uniform Code. These amendments shall be
consohdated as Exh~Nt B to Ordinance N 6834 ,~
SECTION 2
Ordinance No. 693, Exhibit "B," Local Amendments To The 1997 Uniform Building
Code, Appendix Chapter 33, "Excavation and Grading," Section 3306.2, is hereby amended to
read as follows:
"3306.2 Exempted Work. A grading permit is not required for the following:
1. Grading in an isolated, self-contained area if there is no danger to private or public property,
and the building official has approved the grading.
2. An excavation below finished grade for basements and footings of a building, retaining wall
or other structure authorized by a valid building permit. This shall not exempt any fill made
with the material from such excavation or exempt any excavation having an unsupported
height greater than 5 feet (1524 mm) after the completion of such structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells or tunnels or utilities.
Exemption from the permit requirements of this chapter shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this chapter
or any other laws or ordinances of this jurisdiction."
SECTION 3
The material contained in Ordinance No~ as amended, shall be maintained as a
public record in the office of the City Secretary. These Exhibits 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
I:\citydocs\ord\draft\earth\693 a_2 doc 3
hereb? repealed, in the event the validity of any other ordinance is questioned under this section,
the City Council shall by resolution state their intent.
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 Five Hundred ($500.00) for each offense. 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 regulation and control of the use,
occupancy, maintenance, repair, design, construction and quality of materials for buildings and
structures within the City which have accrued at the time of the effective date of tiffs 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 but
may be prosecuted until final disposition by the courts.
SECTION 8
The City Secretary of the City of Southlake is hereby authorized to publish tiffs 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 the proposed
ordinance or its caption and penalty' together with a notice setting out the time and place for a
public hearing thereon at least ten (10) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance in the
offtcial City newspaper one time within ten days after passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
I:\citydocs\,ord\draft\earlh\693 a_2.doc 4
SECTION 10
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON 1ST READING THIS 2 DAY O~1999.
×,,"~,' _o.5..2:;,,, "¢ --
CITY SEC~TARY
PASSED AND APPROVED ON 2ND ~ADING THIS/~ DAY OF~999.
/
~ ; ~ ~ ATTEST:
· .. ............
7/tIIIitlIllI~XXXXX CITY SEC~TARY
APPROVED AS TO FORM AND LEGALITY:
APPLICATION FOR AN EARTH DISTURBANCE PERMIT
Permit No.
Part 1: Property Owner Information Part 2: Contractor Information
?-;itc qtree; Address: Name of Grading or Excavation Contracting Company:
Nillllg O[ Property Owner Street Address ol Contractor:
Address of Property Owner: City / State / Zip:
(it? State / Zip Telephone: Drivers License Number: Telephone:
Part 3: Requirements of Earth DiSturbance Permit
(Please check all applicable boxes and provide required documents)
[21 Notarized statement from property owner giving permission for the contractor/applicant to fill, grade, excavate or
otherwise disturb the property.
[21 Contractor-signed copy of attached Section 3306.2, Appendix Chapter 33, Ordinance No. 693 (as amended)
adopting the 1997 Uniform Building Codes related to grading and excavation, acknowledging its receipt.
~1 Submission by the applicant of an erosion control plan approved by the City Engineer or his designee.
[...i When applicable, submission and approval ora tree preservation plan.
I~1 When applicable, a Conditional Letter of Map Revision (LOMR) from FEMA and a Development Permit.
[-i Payment of: Refundable Deposit: $500.00
Non-refundable Permit Fee: $ I0.00
~1 Special conditions of permit:
Part 4: Notes
· Upon determination by the CiD' Engineer or his designee that no further hazard of erosion, silting, or debris
being deposited on streets, alleys, utility facilities, rights-of-way or easements exists though action taken by this
permit, the City of Southlake shall refund such deposit that is not required to reimburse the City for the expense
of removal of soil, mud, rock and debris from the above-mentioned areas. In the event the City incurs such
charges, they shall be billed at reasonable charge to the permitee and subtracted from the balance of the deposiL
The owner, applicant, developer, engineer~ etc., is hereby notified that the issuance of this permit does not
indicate approval of the engineering plans and that grade revisions can and will be made if determined to be
necessary, after a complete review of the final plans.
Engineering plans, development permits and building permits are still required where applicable and must be
issued before any grading work can begin.
Deposited By:
Part 5: Acknowledgment (For oflice use only)
Permit Issued By:
Name:
Address litle:
Extension:
Phone: Date:
I:',citydocs\ord\drafl\earth\693 a_2.doc 6
Statement of Contractor
City of Southlake Ordinance No. 693, Exhibit "B," Local Amendments To The 1997 Uniform
Building Code, Appendix Chapter 33, "Excavation and Grading," Section 3306, states:
SECTION 3306 - PERMITS REQUIRED
3306.1 Permits Required. Except as specified in Section 3306.2 of this section, no person shall
do any grading without first having obtained a grading permit from the building official.
3306.2 Exempted Work. A grading permit is not required for the following:
1. When approved by the building official, grading in an isolated, self-contained area if there is
no danger to private or public property.
2. An excavation below finished grade for basements and footings of a building, retaining wall
or other structure authorized by a valid building permit. This shall not exempt any fill made
with the material from such excavation or exempt any excavation having an unsupported
height greater than 5 feet (1524 mm) after the completion of such structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells or runnels or utilities.
Exemption from the permit requirements of this chapter shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this chapter
or any other laws or ordinances of this jurisdiction.
Statement of Contractor:
I have read the above excerpt from Ordinance No. 683-A as it pertains to grading and excavation
and I understand that any work performed without a permit, when a permit is required, is a
violation thereof.
Contracting Company:
Authorized Signature:
Date:
I:',citydocs\ord\drafl\earth\693a 2.doc 7
Star-Telegram rtU. I.U. INV. ZL 314tSZ54
AD ORDER NO. 14506260
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
TEE STATE OF TEXAS
unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
2/05ME 14506260 CITY OF SOUTHLAK I358 1x 56L 56 QUOTE 45 .36
CITY OF SOUTHLAKE, 0 2/0 5-0 2/0 5
TEXAS
NOTICE was hereby given to
all interested persons that
the City Council of the city of
Southlake, Texas, will be
holding a public hearing dur-
ing the regular city council
meeting to be held on Febru-
ary 16,1998,at 6 m.The
meeting will be held in the
Citf
City Hall,667 North Carrollncil Chambers o
Avenue, Southlake, Texas.
Purpose of the hearing will
be held regarding the follow-
ing
ORDINANCE NO.693-A
AN ORDINANCE AMENDING
ORD8',LOCA AMEINACE NO. NDMEN S
TO THE 1997 EDITION OF
THE UNIFORM BUILDING
CODE PROVIDING REVI
SIONS� TO APPENDIX CHAP-
%' \
TER 33 -EXCAVATION AND
THIS ORDINANCEH S SHALL BE
CUMULATIVE OF ALL ORDI-
SL ERRAaLITYCL°AuSEPROVIo:DWORN TO BEFORE ME, THIS THE DAY OF FEBRUARY 199
EL
ING FOR A PENALTY FOR VI- 8th
OLATIONSV HEREOF • f�
PROVIDING A SG FORr �'{�cJ�
NGS
CLAUSE; PROVIDING 6�'_'_"�="••1 - � Notary Public
PUBLICATION IN PAMPHLET ti �paY.Pc)o,i s
FORM;PROVIDING FOR PUB- '.=Q/• .`.:r4 RHONDA R. GOKE �
LIGATION IN THE OFFICIAL _
NEWSPAPER' AND PROVID- '4 COMMISSION EXPIRES I
INC AN EFFECTIVE DATE. TARRANT COUNTY,TEXAS
SECTION or5 �` SEPTEMBER 8 1999
Any person, firm corpora-
-- lion who violates, disobeys, - +.QE_>
omits, neglects or refuses
to comply with or who re-
P of the provisions of thisorrdi ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
nance shall be fined not
more than Two Thousand
Dollars (S2,000.00) for— TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
each offense.Each day that—
-��
a violation is permitted to ex •
-
ist shall constitute a sepa-
rate offense.
Sandra L.LeGrand
City Secretary__
tarTg •
ele ram REMIT TO: ► 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102\
14506260 ACCOUNT NUMBER C I T 5 7 AMOUNT
DUE 45 . 36
PAGEI a IF ANY QUESTIONS. PLEASE CALL(817)390-7885
Ole
s„%.
./
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE , TX 76092-9595 THIS AMOUNT 45 . 36
1
PLEASE WRITE IN AMOUNT ENCLOSED -
Star-Telegram FED. I.D. NO. 22-3148254 14591844
AD ORDER NO.
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
THE STATE OF TEXAS
:ounty of Tarrant
Before me, a Notary Public in and for said County and State, this day
TAMMIE BRYANT
personally appeared Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
1 DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
2/19ME 14591844 CITY OF SOUTHLAK I358 1x 47L 47 QUOTE 38 . 07
CITY OF SOXAUTHLAKE. 0 2/19-0 2/19
TES
ORDINANCE NO.693-A - -- ------- -----
AN ORDINANCE AMENDING
ORDINANCE NO. 693,
' ADOPTING LOCAL AMEND-
MENTS TO THE 1997 EDI-
TION OF THE UNIFORM
BUILDING CODE, APPENDIX
CHAPTER 33 'EXCAVATION
AND GRADING,' PROVIDING
THAT THIS ORDINANCE - ------ ----- -
SHALL BE CUMULATIVE OF
ALL ORDINANCES- PROVID-
ING A SEVERABILITY
CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS --- - .- -----
HEREOF- PROVIDING A SAV-
INGS CLAUSE,- PROVIDING
FOR PUBLICATION IN PAM-
PHLET FORM- PROVIDING
FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER;AND
PROVIDING AN EFFECTIVE
DATE.
SECTION 6 SIG c�\
U.
Any person, firm or corpora- S \V ,
tion who violates, disobeys. la
omits, neglects or refuses
to comply with or who re- 22nd FEBRUARY 1999
f hpionsoftsdi-OL otereovs enforcement
SWORN TO BEFORE ME, THIS THE DAY OF /'�
nance shall be fined not //� n
more than Five Hundred d irl1.L U
15500.00)for each offense.' ','��'.a'�1�1 Each day that a violation is1P.RY.�G� EA---ie--)t
permitted to exist shall con- a• •••i RFHONDA R. COKE $ Notary Public
stituteSEa separate offens •N 3 i.% COMMISSION EXPIRES #
PASSED AND APPROVED BY r� �
I THE CITY COUNCIL OF THE lN: a1
CITY OF SOUTHLAKE TEX-
AS, ON FEBRUARY 16, i9i. ......."}- SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS
1999. 1hf.OF�E' 1��M��
1 MAYOR RICK STAGY
APPROVED AS TO FORM-
E.ALLEN TAYLOR JR.,
FCILTYA`v0`NEY ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
L------TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A
Star-"relegralTl REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102\
14591844 ACCOUNT C I T 57 AMOUNT 38 . 07
NUMBER DUE
PAGE1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE, TX 76092-9595 THIS AMOUNT 38 . 071
PLEASE WRITE IN AMOUNT ENCLOSED