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HomeMy WebLinkAboutOrdinance 3228 ORDINANCE NO. 3228 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING SECTIONS 102 -124, 102 -125, 102 -142, 102 -143, AND 102- 144 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND CHANGING THE CRITERIA FOR ALLOWING DETENTION /RETENTION PONDS; ESTABLISHING A PENALTY; AND PROVIDING FOR PUBLICATION. WHEREAS, staff has recommended amendment of the City's regulations concerning the use of detention /retention ponds where development is unlikely to be able to occur without such ponds; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Sections 102 -124, 102 -125, 102 -142, 102 -143, AND 102 -144 of the North Richland Hills Code of Ordinances are hereby amended by changing the criteria for allowing detention /retention ponds which shall read as follows: "Sec. 102 -124. - When detention /retention ponds will be allowed. Detention /retention ponds will only be allowed if the proposed development is discharging into a developed downstream system that does not have the capacity to handle the runoff as mandated in the city's drainage criteria. A developed downstream system may include state department of transportation drainage facilities and /or existing city subdivisions that have drainage improvements that were constructed after 1984. Detention /retention ponds will be allowed to discharge to an undeveloped street or property if one of the following criteria is met and the development is approved by City Council as part of a Special Use Permit (SUP). 1. Future downstream drainage infrastructure is not required or cannot be constructed at time of development due to lack of easements or right -of- way, OR 2. The pond discharges directly into a studied recognized watercourse or 1% Chance Floodplain, contributing less than 10% of the fully developed flow into said watercourse, OR 3. Future downstream improvements fall outside of the City's jurisdictional boundaries. In all cases: 1. The pond shall be designed such that it can be abandoned if /when a downstream system is constructed. Ordinance No. 3228 Page 1 of 7 2. The pond discharge shall not create adverse flooding or erosion conditions downstream and is in all cases subject to the approval of the Public Works Department. 3. Discharge shall arrive on downstream properties in a similar manner as it occurred under pre - developed conditions. Sec. 102 -125. - 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, subject to final interpretation by the public works department: Concentrated flow means the flow of stormwater in a swale, ditch or channel, typically occurring after an outlet point or along a recognized water course. Design flood means the flood having a one percent chance of being equaled or exceeded in any given year based upon fully developed watershed conditions. This is commonly known as the 100 -year frequency flood, or base flood. Fully developed conditions shall be based on the most current future land use assumption plan for the city, or current zoning map, whichever produces the higher runoff coefficients for the drainage area generating the design flood discharge. Detention basin means a dry basin or depression constructed for the purpose of temporarily storing stormwater runoff and discharging all of that runoff over time at a rate of flow equal to or less than which would have occurred prior to installation of the basin. This definition includes all structural components proposed for the basin (i.e., inlet structures, outlet structures, walls, fences, piping, headwalls, etc.) Federal Emergency Management Agency (FEMA) means the federal agency which has and does assist the Federal Insurance Administration administering the National Flood Insurance Program. Federal Insurance Administration (FIA) means the division of the federal government which oversees the Flood Insurance Program with the help of FEMA. Freeboard means the vertical distance between the design flood surface and the top of an open channel, dam, levee, detention or retention basin. The freeboard allows for wave run -up, wind tide, hydraulic jump, or other design conditions without overtopping the structure. Frequency means the reciprocal of the exceedance probability. For example, a 100 - year frequency storm is one which has a one percent chance of being equaled or exceeded in any year, and a five -year storm has a 20 percent chance of being equaled or exceeded in any year. Ordinance No. 3228 Page 2 of 7 Hydraulics means concerned with the determination of the maximum stage or elevation reached by the waters of a flood at a given location. A flood is said to have occurred when the maximum stage or elevation results in an overflow upon lands that are traditionally useable by man and not normally covered by water. Hydrology means concerned with the magnitude and frequency of the flood flow. The magnitude of the flood flow is the statement of the quantity of water that results from a given storm, whereas, the frequency is the statement of the average return or occurrence of a flood event. Inflow hydrograph means hydrographs used to determine the stormwater flow volume into a detention basin or retention basin. A hydrograph describes the variation in flow rate over a fixed period of time. Landscaping plan means a plan that identifies how the detention basin or retention basin will be landscaped. This plan will need to include the types of plants, trees, shrubs, grass, decorative fencing, etc., that will be used and will need to be approved by the city. Normal pool elevation means the level at which a retention basin was designed to be prior to a rainfall /runoff event. In a retention basin, this elevation will be the water surface of the conservation pool. Open channel means a channel, branch, creek, or stream in which water flows with a free surface. Pond means a still body of water located on the surface of the earth. Rational formula means a means of relating runoff from an area and the intensity of the storm rainfall as defined in the Public Works Design Manual. Retention basin means a pond which has been designed to have both a conservation pool for holding water indefinitely, and a flood storage pool for storing stormwater runoff on a temporary basis, for the purpose of reducing the peak discharge from the basin. This definition includes all structural components proposed for the basin (i.e., inlet structures, outlet structures, walls, retaining walls, fences, piping, headwalls, aeration systems, etc.). Surface water means water on the surface of the ground, the source of which is so temporary or limited that it cannot maintain for any considerable time a stream or body of water having well- defined and established existence. Surface water is derived from falling rains and melting snows, and continues to be such until it reaches some well - defined channel in which it concentrates and flows with other waters, whether derived from the surface or springs, and then it becomes the running water of a stream and ceases to be surface water. Ordinance No. 3228 Page 3 of 7 Swale means a shallow waterway. Swales are required above underground storm drains with capacity, along with the storm drain, to carry a 100 -year frequency storm. The city's Public Works Design Manual requires that such swales shall be concrete lined. Time of concentration means the estimated time in minutes required for runoff to flow from the most remote section of the drainage area to the point at which the flow rate is to be determined. Watercourse means a stream of water of such well- defined existence as to make its flow valuable to the owners of the land along its course. A "recognized" watercourse is further defined as a channel, creek, or underground storm drain which has at least a ten -year conveyance of capacity without flooding adjacent property. Watershed means the area contributing storm runoff to a stream, pond, or drainage system. Sec. 102 -142. - Runoff calculations. Detention /retention facilities shall be designed based on a 100 -year frequency storm runoff for the upstream drainage watershed area. 1. Rational method. The "rational method" can be used to calculate the runoff rate and volume for drainage areas less than 250 acres. The formula for this method is Q = CIA. Hydrograph method. The "hydrograph method" will be used to calculate the runoff rate and volume for drainage areas equal to or greater than 250 acres. The HEC -HMS method developed by the Hydrologic Engineering Center (HEC) of the U.S. Army Corps of Engineers shall be used. Use of other hydrograph methods must be approved by the public works department prior to beginning design. Sec. 102 -143. - Flood routing methods. The flood routing computer program to be used shall be either HEC -2 or HEC -RAS from the U.S. Army Corps of Engineers. Use of other computer program routing methods must be approved by the public works department prior to beginning design. Sec. 102 -144. - Parameters. a) Inlet. The inlet structure shall allow for the upstream 100 -year runoff to be discharged to the pond in a manner which minimizes erosion. Ordinance No. 3228 Page 4 of 7 b) Outlet. The outlet structure for detention basin /retention basin shall be constructed to minimize erosion and allow for the 2 -, 5 -, 25 -, 50- and 100 -year storm runoff to be discharged in a controlled manner. An outlet control structure will be installed on detention /retention basins to achieve the design discharge equal to or less than the runoff rate which existed from the watershed prior to this proposed development. On the outlet structure for retention basins, an emergency outlet valve and pipe shall be installed. The valve and pipe shall be at least eight inches in diameter and meet all city requirements for water system pipe and valves. Installation of the emergency outlet valve and pipe shall allow the retention basin to be drained to within a maximum of one foot of its design bottom. In addition: i. Outlet structures shall be located at least 50' from a property line and shall be designed to minimize potential erosion. ii. Discharge rates shall not increase for the 2 -, 5 -, 25 -, 50- and 100 -year storms. iii. Outlet velocity: No significant increase (maximum 5 %) is allowed in concentrated flow velocities for the 2 -, 5 -, 25 -, 50- and 100 -year storms. Post - development concentrated flow velocities cannot be increased by more than 5% above pre - development velocities. If existing concentrated flow velocities exceed six (6) feet per second, no additional increase in velocities will be allowed. iv. Flood heights (depth of flow) shall not increase across downstream properties. c) Storage. The detention /retention storage basin shall be designed to store that volume required to reduce the discharge rate out of the basin to not more than the runoff rate which existed from the watershed prior to this proposed development which includes the basin. The detention /retention storage volume, excluding conservation pool, shall drain out completely within 24 hours of the end of a rainfall event. d) Freeboard. A minimum freeboard of one foot shall be required. This will be the difference in elevation between the 100 -year storm design water surface elevation, plus increased elevation created by wave action, wind time or hydraulic jump, anywhere on the detention /retention basin or decorative pond, and the lowest point on the surrounding embankment within the drainage easement. e) Side slopes. The embankment side slopes for the different basins or ponds will be as noted below. The top of the side slope shall be a maximum of 12 inches above the surrounding ground. The embankment of the basin shall not "act" as a levee. The 100 -year event shall not be higher than the surrounding ground. (1) Detention basin. Slopes shall be five to one or milder. Ordinance No. 3228 Page 5 of 7 (2) Retention basin. Slopes shall be four to one below normal pool depth and five to one above. f) Overbank. The overbank of the retention basin (and all detention basins) shall be block sodded with a public works department- approved native grass. The grass must be relatively established prior to final approval of the construction by the city. g) Depth. (1) Retention basin. The minimum depth of the retention basin shall be four feet from the normal pool elevation to the bottom between the toe of slopes. The maximum depth of a retention basin shall be no greater than ten feet. (2) Detention basin. The maximum depth of the detention storage in a parking lot can be designed is eight inches. For all other detention storage basins, the maximum depth shall not exceed ten feet. h) Velocity. The average velocity of flow through the detention or retention basin shall be no greater than five feet per second. i) Erosion control. Erosion control upstream and downstream of the basins shall be considered in the design. Erosion control systems shall be installed where necessary as determined by the public works department. j) Aeration. All retention basins will require aeration systems to be installed. The aeration system will be designed to keep the standing water from stagnating. All electrical service and maintenance costs for an aeration system shall be the owner /developer or homeowners association responsibility to pay. The aeration system will need to be approved by the public works department with the approval of the basin. The owner /developer's engineer will provide appropriate design calculations and /or shop drawings showing that the aeration system is "sized" adequately for the pond. The aeration system will need to have a screening /filter device to minimize pump blockage. k) Water supply. Provisions shall be made to keep the water surface elevation in a retention basin at the normal pool elevation. This will require the developer to submit plans and specifications for installation of a water well. Another alternative is a separate irrigation service connection to the city's water system to provide the water supply to recharge the basin or pond as needed. The cost of the water used to recharge the basin shall be the owner /developer or homeowners association responsibility to pay. Recharge design shall comply with all state and federal requirements. Ordinance No. 3228 Page 6 of 7 1) Type of detention. The city will consider different types of detention facilities. Underground detention and parking lot detention are two examples of alternative detention facilities that may be allowed. (1) Underground detention. Will need to include one or more access points for maintenance, and be designed to minimize maintenance. (2) Parking lot detention. Will need to be designed in the "extra" parking spaces. No detention will be allowed in the required parking spaces. As stated previously, the maximum depth for parking lot detention shall be eight inches." Section 2: Violation of this ordinance shall be punishable by a fine of up to Five hundred dollars ($500.00). Each separate violation shall be punishable hereunder and each day each such violation shall be allowed to exist or continue shall constitute a separate violation punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 10th day of December, 2012. CITY ORTH LAND HILLS \\ �oa�mmmmiuu��� i 04 RtC H ` �NO��' %,� By: o tl ti�� scar Tre 'no, Mayor ATTEST. Patricia Huts46 ary APP TO FORM AND LEGALITY: George A. Staples, City ttorney APPROVED AS TO CONTENT: ike urtis, E., Managing Director Ordinance No. 3228 Page 7 of 7 INVOICE Star - Telegram Customer ID: CIT13 808 Tbrockmorton St. Invoice Number: 324595451 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date 3/1/2013 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 3/31/2013 Bill To: CITY OF NORTH RICHLAND HILLS /SE PO Number: PO BOX 820609 Order Number: 32459545 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn:: STACEY _ SON Publication Dates: 2/28/2013 - 3/1/2013 APPROVED AS TO FORM: /s/ Wayne K. Olson, City Attorney. C CITY ORDINANCEIN0. HILLS 3228 ' HILLS 13580 1 31 31 LINE $6.14 $380.72 Sa ($346.08) Mi f Legal Noti ces $10.00 An ordinance of the City of North Richland Hills Texas, amending Sections 102 - 1 125,102 -142, 102 -143, and 102 -144 of the North Richland Hills Code of Ordinances Net Amount $44.64 and changing the criteria for al- lowing detention /retention ponds; establishing a penalty; and pro- viding for publication. Violation of this ordinance shall be punishable by a fine of up to Five hundred dollars ($500.00). Each separate violation shall be pun- ishable hereunder and each day each such violation shall be allowed to exist or continue shall constitute = --N RISTY LYNNE HOLLAND a separate violation punishable hereunder. ry Public, State of Texas Passed and Approved on this 10th Commission Expires day of December, 2012 July 31, 2016 /s /Oscar Trevino T Oscar Trevino - Mayor c ATTEST: /s /Patricia Hutson Patricia Hutson - City Secretary B APPROVED AS TO FORM AND for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for LEGALITY: tt /s /George Staples a Star- Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly swom, did depose and say e George Staples - City Attorney 'ertisement was publish in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 (� Signed `\ SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Mar 13. Notary Public Thank You For Your Payment --------------------------------------------- Remit To : Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 324595451 Invoice Amount: $44.64 PO Number: Amount Enclosed: $