HomeMy WebLinkAboutOrd 164 Amending the Uniform Building CodeORDINANCE NO. 164
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE
'ORDINANCE ADOPTING THE UNIFORM BUILDING CODE, 1985 EDITION, BY
ADDING A NEW CHAPTER PROVIDING FOR TEMPORARY CONCRETE FACILITIES
AT CONSTRUCTION SITES; PROVIDING FOR A PERMIT TO OPERATE THE SAME;
PROVIDING FOR A FEE; PROVIDING FOR A PENALTY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDNG AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS:
That the Town hereby amends Ordinance No. d. the Ordinance
adopting the Uniform Building Code, 1985 Edition, by adding a new Chapter
80 in the Appendix entitled "Temporary Concrete Facilities" which shall
hereinafter read as follows:
"Chapter 80
Temporary Concrete Facilities"
"Purpose
Sec. 8001. The purpose of this chapter is to safeguard
life, limb, property and the public welfare by regulating
temporary concrete facilities on private property."
"Scope
Sec. 8002.
This chapter sets
forth rules and
regulations
to permit
temporary concrete
facilities to
exist at
construction
sites; establishes the
administrative
procedure
for issuance
of permits; and provides
for approval of
plans and
inspection of
such facilities."
"Permit Requirements
Sec. 8003. (a) No person shall operate a temporary
concrete facility without first obtaining a permit from the
building official. A temporary concrete facility is defined as a
plant or facility that operates pursuant to Exemption 71, 93 or
117 of the Texas Air Control Board's (TACE) Standard
Exemption List. A separate permit shall be required for each
site.
(b) The application shall state the estimated quantities
of concrete to be produced, and two (2) sets of plans showing
the location of the facility on the job site. The plans shall also
show the location of the temporary concrete facility to the
construction, and will describe the means and methods by
which the run-off will be minimized and filtered to prevent the
pollution of any near -by or adjacent rivers, streams, creeks or
man-made or natural drainage ways. The plans shall show the
drainage area.
(c) The application must contain two (2) copies of TACB
Registration Form for Standard Exemptions Form PI -7, and the
authorization granted by the Executive Director of the TACB or
his/her designee.
(d) The permit will be limited to providing materials to
the construction project designated on the permit. There will
be no commercial sale of product to others for use on other
projects.
(e) Westlake is presently unable to maintain the roads,
streets and highways existing within, running through, or
contiguous to its corporate limits. Most of the roads and
streets are not constructed to withstand constant and repeated
use of sand, gravel and cement trucks as well as other heavy
vehicles. As a condition of the issuance of the permit, the
permittee, general constrictor or project owner will agree to
work with state, county or local officials, as the case may be,
and contribute to road, street and highway maintenance and
repairs caused by the use of the facility. Furthermore, the
permittee, general contractor or project owner will cooperate
with any state, county or local officials to address traffic
P,
safety concerns that occur as a result of the operation of the
facility.
(f) The building official of the Town shall review all
plans and issue the permit."
"Term of Permit
Sec. 8004. The permit shall not be issued for a term in
excess of one (1) year, but the permit may be renewed on an
annual basis until the construction project is completed. The
renewal application will contain the same information as the
original application and will note any changes in the plans or
conditions. Failure of the permittee to comply with the
provisions of Sec. 8003 during the permit period shall
constitute just cause for a denial of a renewal of the permit. "
"Permit Fees
Sec. 8005. (a) Plan Review Fees. A plan review fee of
$150.00 shall be paid to the Town at the time an application is
submitted.
(b) Temporary Concrete Facility Permit. A fee of
$ Fc,6•f -will be paid to the Town for the issuance of the
original permit, and a fee of $ will be paid for any
renewal of the permit."
That 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 less than Five Dollars
($5.00), nor more than One Hundred Dollars ($100.00) for each offense.
Each day that a violation is permitted to exist shall constitute a separate
offense.
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That this Ordinance shall be cumulative of all other ordinances of the
Town of Westlake affecting signs and shall not repeal any of the
provisions of such ordinances, except in those instances where provisions
of such ordinances are in direct conflict with the provisions of this
ordinance.
PART IV.
It is hereby declared to be the intention of the Town Board of
Aldermen that the sections, paragraphs, sentences, clauses and phrases of
this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared void, ineffective
or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such voidness, ineffectiveness or unconsti-
tutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance, since the same would
have been enacted by the Town Board of Aldermen without the
incorporation hereof of any such void, ineffective or unconstitutional
phrase, clause, sentence, paragraph or section.
PART V.
That this Ordinance shall become effective and be in full force and
effect from and after the date of its passage and publications, as required
by law, and it is so ordained.
PASSED AND APPROVED this the day of
1987. !
Dale White, Mayor
Town of Westlake, Texas
rd
ATTEST:
Ger, White Town Secretary
Town of Westlake, Texas
APPROVED AS TO LEGAL FORM:
Paul C. Isham, Town Attorney
Town of Westlake, Texas
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