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(a) Definitions. In this section:
(1) CORRIDOR DEVELOPMENT CERTIFICATE (CDC) MANUAL means the manual by that title dated January 31, 1992, or its latest revision.
(2) FLOODPLAIN ALTERATION means any construction of buildings or other structures, mining, dredging, filling, grading, or excavation in the floodplain.
(3) TRINITY RIVER CORRIDOR means the portion of the floodplain of the West Fork, Elm Fork, and mainstem segments of the Trinity River floodplain within the Dallas city limits, as delineated on the latest CDC Regulatory Map.
(b) Certificate required. A person commits an offense if he makes any floodplain alteration within the Trinity River Corridor without first obtaining a corridor development certificate (CDC) from the director of water utilities. It is a defense to prosecution that an exemption or variance has been obtained in accordance with CDC criteria.
(c) Application. An application for a corridor development certificate must be filed with the director of water utilities on a form furnished by the department of water utilities.
(d) Review. The director of water utilities shall deny an application for a certificate unless it complies with the standards contained in the CDC Manual or unless an exemption from or a variance to those standards is obtained in accordance with Subsection (e).
(e) Exemptions and variances.
(1) Exemptions.
(A) An exemption from the requirements of this section may be obtained if the floodplain alteration involves the following activities:
(i) Ordinary maintenance of and repair to flood control structures.
(ii) The construction of outfall structures and associated intake structures if the outfall has been permitted under state or federal law.
(iii) Discharge of material for backfill or bedding for utility lines, provided there is no significant change in pre-existing bottom contours and excess materials are removed to an upland disposal area.
(iv) Bank stabilization.
(v) Any project listed in the U.S. Army Corps of Engineers March 1990 Reconnaissance Report, which is attached as Appendix A to the CDC Manual, or any project approved under the provisions of this division, provided the approval, permit, or authorization has not expired and no significant changes have occurred since the approval, permit, or authorization was issued.
(B) Application for an exemption must be made to the director of water utilities on a form provided by the department of water utilities.
(C) If the director of water utilities determines that an application for an exemption falls within one of the categories listed in Paragraph (1), the director shall issue a written exemption from the requirements of this section.
(2) Variances. If the director of water utilities determines that the application for a corridor development certificate does not comply with all of the standards contained in the CDC Manual, the applicant may apply for a variance to any standard contained in the manual. An application for a variance must be made to the director of water utilities, who shall schedule the application for consideration by the city council. (Ord. Nos. 21636; 24085; 27697; 30994; 32039)
In this division, unless the context clearly indicates otherwise:
(1) BEST MANAGEMENT PRACTICES means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. Best management practices also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
(2) CHALK ZONE means the lower chalk member of the Austin chalk formation overlying the Eagle Ford shale formation. The chalk zone consists primarily of a chalk limestone with minor seams of shale and bentonite clays.
(3) CREST means that line above the escarpment line where the slope becomes less than 4:1.
(4) ESCARPMENT AREA REVIEW COMMITTEE means the committee described in Section 51A-5.209 of this chapter.
(5) ESCARPMENT FACE means that portion of the escarpment zone between the crest and the toe.
(6) ESCARPMENT LINE means that line formed by the intersection of the plane of the stratigraphic contact between the Austin chalk and the Eagle Ford shale formations and the surface of the land.
(7) ESCARPMENT ZONE means that corridor of real property south of Interstate Highway 30 between the following described vertical planes:
(A) On the crest side of the escarpment line and measuring horizontally from that line, the vertical plane that is 125 feet from that line, or 35 feet beyond the crest, whichever is farther from that line.
(B) On the toe side of the escarpment line and measuring horizontally from that line, the vertical plane that is 85 feet from that line, or 10 feet beyond the toe, whichever is farther from that line.
(8) FACTOR OF SAFETY means a combination of factors which, when considered together, indicates whether the slope is stable at a slip surface location. The factor of safety (Fs) is determined using the equation:
Fs = Shearing strength available along sliding surface
Shearing stresses tending to produce failure along surface
Shearing stresses tending to produce failure along surface
(9) GEOLOGICALLY SIMILAR AREAS means:
(A) areas adjacent to and similar to the escarpment zone by virtue of their slopes, soils, and geology; and
(B) the drainage basins containing the escarpment zone, excluding those portions of the basins which are:
(i) downstream from the areas described in Subparagraph (A) above; or
(ii) north of Interstate Highway 30.
(10) GRADING means excavation or filling or any combination thereof.
(11) REGISTERED PROFESSIONAL ENGINEER means a person who is duly licensed and registered to engage in the practice of engineering in the State of Texas in accordance with state law.
(12) SHALE ZONE means the Arcadia Park/Kamp Ranch members of the Eagle Ford shale formation which lie below the Austin chalk formation. The shale zone consists primarily of clays and shale with minor layers of limestone or sand.
(13) SLOPE means the slope of the terrain. For example, a 5:1 slope means a slope with an angle described by five feet horizontal to one foot vertical.
(14) STORM WATER POLLUTION PREVENTION PLAN means a plan required by either a construction general permit or an industrial general permit, which plan describes and ensures the implementation of practices to reduce pollutants in storm water discharges associated with construction or industrial activity at a site or facility.
(15) TOE means that line below the escarpment line where the slope becomes flatter than 5:1. (Ord. Nos. 19455; 25047; 26000)
(a) A person commits an offense if, within the escarpment zone, he:
(1) removes or injures any tree or vegetation; or
(2) alters the physical condition of the land in any way. Examples of alterations to the physical condition of the land include, but are not limited to dumping, excavation, storage, and filling.
(b) It is a defense to prosecution under Subsection (a) that the act was:
(1) the construction of a public improvement authorized by the city and performed in accordance with the requirements of this division; or
(2) the modification of a single family or duplex structure existing on the date of passage of this ordinance, and the modification did not:
(A) change the use of the structure;
(B) cause the size of the structure to exceed by 50 percent or more the size of the structure as it existed on the date of passage of this ordinance; or
(C) cause the market value of the structure to exceed by 50 percent or more the market value of the structure as it existed on the date of passage of this ordinance.
(c) The construction of public improvements in the escarpment zone requires an escarpment permit. The performance standards for development in a geologically similar area apply to the construction of public improvements in the escarpment zone. (Ord. Nos. 19455; 26000)
(a) A person commits an offense if, in a geologically similar area and without first obtaining an escarpment permit from the city expressly authorizing the act, he:
(1) removes or injures any trees or vegetation; or
(2) alters the physical condition of the land in any way. Examples of alterations to the physical condition of the land include, but are not limited to dumping, excavation, storage, and filling.
(b) It is a defense to prosecution under Subsection (a) that the act was the modification of a single family or duplex structure existing on the date of passage of this ordinance, and the modification did not:
(1) change the use of the structure;
(2) cause the size of the structure to exceed by 50 percent or more the size of the structure as it existed on the date of passage of this ordinance; or
(3) cause the market value of the structure to exceed by 50 percent or more the market value of the structure as it existed on the date of passage of this ordinance. (Ord. Nos. 19455; 26000)
(a) An applicant for an escarpment permit shall request a preapplication conference with the escarpment area review committee. The purpose of the conference is to determine what information must be submitted with the permit application to allow a complete evaluation of the proposed project. After the conference, the committee shall advise the director of its findings and recommendations.
(b) After the preapplication conference, the applicant shall submit an application for an escarpment permit to the director. The application must be on a form approved by the director and be signed by the owner of the property. Except as otherwise provided in this division, the following items must be provided as part of the application:
(1) The name and address of:
(A) the owner(s) of the property; and
(B) the person(s) who prepared the plans and drawings submitted.
(2) A general vicinity map of the proposed development site.
(3) A one inch = 100 feet scale site plan showing details of the terrain and area drainage. This site plan must be a contour map with two-foot contour intervals.
(4) A one inch = 50 feet scale cross section and plan review of any proposed structures.
(5) Results of the slope stability analysis required under Section 51A-5.205.
(6) The soil erosion control plan required under Section 51A-5.206.
(7) The grading plan required under Section 51A-5.207.
(8) The vegetation plan required under Section 51A-5.208.
(9) Financial assurance in the form of a letter of credit, a performance bond, or other instrument payable to the city of Dallas for all improvements related to the required soil erosion control, grading, and vegetation plans to insure that funds are available to the city to implement those plans if the developer fails to implement them.
(10) A performance and maintenance bond for each private development contract for the construction of public infrastructure improvements.
(11) One inch = 100 feet scale transparent overlay drawings of the required soil erosion control, grading, and vegetation plans such that a composite map can be created by combining the overlay drawings and the site plan required under Subsection (b)(3).
(12) Cost estimates and timetables for implementation and completion of work specified in the required soil erosion control, grading, and vegetation plans.
(13) Any other information that the director determines to be necessary to allow for a complete evaluation of the proposed project.
(c) If the director determines that one or more of the items listed in Subsection (b) is not necessary to allow for a complete review of the proposed project, he shall waive the requirement that the item or items be provided.
(d) All plans, drawings, and specifications submitted as part of an application for an escarpment permit must comply with the requirements of this chapter and all applicable ordinances, rules, and regulations of the city of Dallas.
(e) Upon submission by the applicant of a complete application for an escarpment permit, the director shall forward copies of all materials submitted to the escarpment area review committee for consideration. Upon review of all materials submitted, the committee shall furnish the director a written report containing its recommendations and comments concerning the proposed project. The director shall consider the committee’s report before making a decision to grant or deny the escarpment permit.
(f) If the application and other materials submitted show that the proposed project complies with the requirements of this chapter and all applicable ordinances, rules, and regulations of the city of Dallas, the director shall issue an escarpment permit and forward the application to the building official for further action. Otherwise, the director shall deny the escarpment permit.
(g) The building official shall not issue a building permit for any project for which an escarpment permit is required unless the director has first issued an escarpment permit authorizing the work.
(h) The director may not authorize any disturbance of the land for development purposes until both the required soil erosion control and grading plans have been submitted and approved. After the approval of both of these plans, the director may issue a limited permit to authorize clearing and grubbing.
(i) A decision made by the director to grant or deny an escarpment permit may be appealed to the board of adjustment in the same manner that appeals are made from decisions of the building official.
(j) An inspector from the department shall monitor all development for which an escarpment permit is required to ensure compliance with the approved plans, the requirements of this chapter, and all applicable ordinances, rules, and regulations of the city of Dallas. (Ord. Nos. 19455; 25047; 26000; 28073)
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