Ord 12-2013 3/19/2013 ORDINANCE NO. 12-2013
Ordinance Amending Chapter 22 Of The Code Of Ordinances Of The
City Of Wichita Falls To Modify Sections 22-636 And 22-638 And Add
Section 22-649 To Article IX Thereof To Modify Grading Permit
Requirements In Completed Residential Subdivisions; Providing A
Penalty Of Up To $500 Upon Conviction; And Providing For
Codification
WHEREAS, grading in residential subdivisions can constitute a nuisance to
neighboring properties;
WHEREAS, persons in completed residential subdivisions are particularly
averse to the noise and dust associated with long-term grading operations; and
WHEREAS, the City Council finds that limiting grading permits for completed
residential subdivisions will reduce the nuisance presented to neighboring properties
while continuing to leave minor fill operations unregulated.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . The following section of the Code of Ordinances of the City of Wichita Falls is
hereby amended to read as follows:
Sec. 22-636. - Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
As-graded means the surface conditions extent on completion of grading.
Bedrock means in-place solid rock.
Bench means a relatively level step excavated into earth material on
which fill is to be placed.
Borrow means earth material acquired from an off-site location for use in
grading on a site.
Certification means a written engineering or geological opinion concerning
the progress and completion of the work.
Civil engineer means a professional engineer registered in the state to
practice in the field of civil works.
Civil engineering means the application of the knowledge of the forces of
nature, principles of mechanics and the properties of materials to the evaluation,
design and construction of civil works for the beneficial uses of mankind.
Compaction means the densification of a fill by mechanical means.
Completed Residential Subdivision means a subdivision in which more
than 90% of the lots established pursuant to its original final plat contain a
residence. For purposes of this definition, a replatted lot shall be considered to
be part of the original final platted subdivision in which it was originally platted
and shall not cause a subdivision to not be considered a "Completed Residential
Subdivision".
Earth material means any rock, natural soil or fill and/or any combination
thereof.
Engineering geologist means a geologist experienced and knowledgeable
in engineering geology.
Engineering geology means the application of geologic knowledge and
principles in the investigation and evaluation of naturally occurring rock and soil
for use in the design of civil works.
Erosion means the wearing away of the ground surface as a result of the
movement of wind, water and/or ice.
Excavation means the mechanical removal of earth material.
Existing grade means the grade prior to grading.
Fill means a deposit of earth material placed by artificial means.
Finish grade means the final grade of the site which conforms to the
approved plan.
Grade means the vertical location of the ground surface.
Grading means any excavating or filling or combination thereof.
Key means a designed compacted fill placed in a trench excavated in
earth material beneath the toe of a proposed fill slope.
Nuisance means an obnoxious creation of dust and/or noise that
interferes with the rights of nearby residential property owners.
Rough grade means the state at which the grade approximately conforms
to the approved plan.
Site means any lot or parcel of land or contiguous combination thereof,
under the same ownership, where grading is performed or permitted.
Slope means an inclined ground surface, the inclination of which is
expressed as a ratio of horizontal distance to vertical distance.
Soil means naturally occurring surficial deposits overlying bedrock.
Soil engineer means a civil engineer experienced and knowledgeable in
the practice of soil engineering.
Soil engineering means the application of the principles of soil mechanics
in the investigation, evaluation and design of civil works involving the use of
earth materials and the inspection and testing of the construction thereof.
Terrace means a relatively level step constructed in the face of a graded
slope surface for drainage and maintenance purposes.
2. The following section of the Code of Ordinances of the City of Wichita Falls is
hereby amended to read as follows:
Sec. 22-638. - Grading permit required.
No person shall do any grading without first having obtained a grading
permit from the building code administrator except for the following:
(1) Grading in an isolated, self-contained area if there is no danger or
nuisance apparent to private or public property. Grading in a
Completed Residential Subdivision will not be considered to be in
an isolated, self-contained area if the Building Code Administrator
determines that the grading constitutes a danger or nuisance to
nearby properties and notifies the owner of the property being
graded of the danger or nuisance.
(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 excavation having an
unsupported height greater than five feet 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.
(6) Exploratory excavations under the direction of soil engineers or
engineering geologists.
(7) An excavation which:
a. Is less than two feet in depth; or
b. Does not create a cut slope greater than five feet in height
and steeper than 1'/2 horizontal to one vertical.
(8) A fill less than one foot in depth, and placed on natural terrain with
a slope flatter than five horizontal to one vertical, or less than three
feet in depth, not intended to support structures, which does not
exceed 50 cubic yards on any one lot and does not obstruct a
drainage course.
3. The following section of the Code of Ordinances of the City of Wichita Falls is
hereby added to Article IX of Chapter 22, which section shall read as follows:
Sec. 22-649. Grading Permit Limits in Completed Residential Subdivisions.
A grading permit that involves fill on a lot in a Completed Residential
Subdivision shall be subject to the following limits:
(1) No more than one grading permit shall be issued for any lot in a
Completed Residential Subdivision in any 5-year period.
(2) Each grading permit in a Completed Residential Subdivision shall
expire 180 days after issuance.
4. Violations of this ordinance shall be punishable by a penalty of up to $500 per
violation and as provided by Section 1-14 of the Wichita Falls Code of Ordinances.
5. The sections of this ordinance that specify they amend or add to the Code of
Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said
sections of this ordinance may be renumbered or relettered to accomplish such
intention.
PASSED AND APPROVED this the 19th day of March, 2013.
MAYOR
ATTEST:
City Clerk
Affidavit of Publication
THE STATE OF TEXAS #289414
ONO.l12 20 3E COUNTY OF WICHITA
Ordinance Amending
Chapter 22 Of The
Code Of Ordinances
Of The City Of Wichi-
ta Falls To Modify
Sections 22-636 And On this 25th day of March 2013 A D...
22-638 And Add Sec-
tion 22-649 To Article
IX Thereof To Modify personally appeared before me, the undersigned authority
Grading Permit Re-
quirements In Cam- Kathy Salan, Sales Assistant for the Times Publishing
pleted Residential
Subdivisions; Provid- Company of Wichita Falls, publishers of the Wichita Falls
ing_A Penalty Of Up
To $500 upon Convic- Times/Record News, a newspaper published at Wichita Falls in
Lion; And Providing
For Codification ORDINANCE Wichita County,Texas, and upon being duly sworn by me, on
Ordinance Amending 13
Ordi oath states that the attached advertisement is a true and
SusOf
Sectiont ion 14-3811 Of The correct copy of advertising published in 1 day (1) issues hereof
Code Of Ordinances
Of The City Of Wichl- on the following date:
to Falls To Modify
Chaining And Tether-
ing Requirements
For Animals; Provid- March 24, 2013
ing For A Penalty
Not To Exceed $500
upon Conviction; /�
Providing For Code - 1`1�,i!!44
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Only After 180 Days �la.,^
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To Provide Low in- /
come Persons With Sales Assistant for Times Publisling Company of Wichita Falls
Animal Enclosures
Subscribed and sworn to before me this the day and year first above written:
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