HomeMy WebLinkAboutOrdinance No. 08-1788
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 08-1788
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
ADDING ARTICLE X, USE OF U.S. ARMY CORP OF ENGINEER
PROPERTY, TO CHAPTER 13 OF THE CITY OF THE COLONY
CODE OF ORDINANCES TO AUTHORIZE BY PERMIT
MOWING AND UNDERBRUSHING ON DESIGNATED AREAS
OF U.S. ARMY CORP OF ENGINEER SHORELINE PROPERTY
LOCATED IN THE TERRITORIAL AND EXTRATERRITORIAL
JURISDICTION OF THE CITY, TO PROVIDE REGULATIONS
FOR MOWING AND UNDERBRUSHING ALONG THE
SHORELINE PROPERTY, TO REQUIRE A PERMIT TO
IRRIGATE PROPERTY USING LAKE WATER, AND TO
PROVIDE FOR PERMIT AND SHORELINE VARIATION
MITIGATION FEES; AND PROVIDING A REPEALER CLAUSE,
A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the stewardship mission of the U.S. Army Corps of Engineers
("Corps") is to manage and conserve natural resources, consistent with ecosystem
management principles, while providing quality public outdoor recreation experiences to
serve the needs of present and future generations, and
WHEREAS, the Corps manages for long-term public access to, and low density
recreation use of, the natural resources in cooperation with other Federal, State, and local
agencies as well as the private sector, and
WHEREAS, the Corps conserves natural resources and integrates the
management of diverse natural resource components such as fish, wildlife, forests,
wetlands, grasslands, soil, air, shoreline management, and water with the provision of
public recreation opportunities that contribute to the quality of American life, and
WHEREAS, the Corps conducted a Programmatic Environmental Assessment
(PEA) entitled "Programmatic Environmental Assessment on Allowable Adjacent
Landowner Activities Incorporating Ecosystem Management Practices on Federal Lands
at Grapevine and Lewisville Lakes, Texas," and received a Finding of No Significant
Impact (FONSI) dated May 2005; and
WHEREAS, the Corps concluded that it is in the best interest of the public to
enter into agreements with cities in order to implement the Elm Fork Project Shoreline
Management Plans and promote stewardship of our natural resources; and
WHEREAS, the Challenge Partnership program, as authorized by Section 225 of
the Water Resources Development Act of 1992, shall be used to provide opportunities for
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non-Federal public entItIes to contribute to and partIcIpate in the operation and/or
management of recreation facilities and natural resources at Corps water resource
development projects; and
WHEREAS, the City of The Colony has the same Natural Resource Values as
the Corps and wants to assist in managing the land consistent with the Corps Mission and
PEA requirements for the whole public for the present and future generations, and
WHEREAS, the City of The Colony has entered into a Challenge Partnership
Agreement ("Agreement") with the US Army Corps of Engineers to work jointly and
cooperatively to improve and protect the Natural Resources and shoreline areas of the
designated Corps lands; and
WHEREAS, the Agreement permits the City to implement a program to manage
the shoreline areas identified in the PEA, provided that the PEA guidelines are followed;
and
WHEREAS, the Agreement provides that the City may issue sub-permits to
adjacent landowners, and to collect administrative fees to cover the costs; and
WHEREAS, the City may enforce its ordinances relating to the management of
shoreline property owned by the Corps under Title 36 of the Code of Federal
Regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS, THAT:
SECTION 1. Article X, Use of us. Army Corp of Engineer Property, is hereby
adopted pursuant to Title 36, Chapter III. Of the Code of Federal Regulations, and added
to Chapter 13, Offenses and Miscellaneous Provisions, of the City of The Colony Code of
Ordinances to read as follows:
"ATICLE X. USE OF U.S. ARMY CORP OF ENGINEER
PROPERTY
Sec. 13-105. Definitions.
For the purposes of this article, the following terms have the definitions
herein ascribed to them:
Community Pedestrian Access Paths: A maximum 5-foot wide path from
private property across federal property for the purpose of allowing
pedestrians access to the shoreline.
Conservation Pool: The elevation at which the U.S. Army Corps of
Engineers attempts to maintain the level of Lake Lewisville.
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Federal Property Line: The boundary line for property owned by the
federal government and managed by the U.S. Army Corps of Engineers
along the shoreline of Lake Lewisville.
Habitat Management Zone (HMZ): An area between the Mowing and
Underbrush Zone and the shoreline that is specifically managed to
maintain and improve habitat for native wildlife.
Mowing and Underbrushing Zone (MUZ): An area along and
perpendicular to the Federal Property Line that extends toward the
shoreline for a proscribed horizontal distance, generally 50 feet, for which
an adjacent landowner may apply for a permit for mowing and
underbrushing.
Narrow Shoreline Variance Area (NSVA): The shoreline areas owned by
the federal government with a width of less than 100 horizontal feet from
Conservation Pool to the Federal Property Line.
Shoreline Use Permit: Permit issued by the City and enforced under
Section 327.36, Chapter III. Title 36, Code of Federal Regulations, to
allow adjacent property owners to mow and underbrush permitted areas on
federal property, and to place irrigation lines from the lake across federal
property .
Sec. 13-106. Permit required, application, transferability, suspension
or revocation.
(a) A person commits an offense if the person engages in, causes, or
allows the mowing or underbrushing of vegetation or the placement of
irrigation lines or structures on federal property without obtaining a valid
shoreline use permit from the City. For purposes of this article, there is a
presumption that the person engaged in, caused, or allowed mowing and
underbrushing of vegetation on federal property if there is evidence of
mowing and underbrushing activity on the federal property adjoining the
property owned or controlled by the person.
(b) A person may obtain a shoreline use permit for federal property
along and perpendicular to the property owned or controlled by the person.
Each shoreline use permit application must contain the following:
(1) The name, address, and telephone number of the person who is the permit
holder and responsible for compliance with this article and any regulations
promulgated by the U.S. Corps of Engineers with respect to the property.
(2) The street address of the property adjoining the federal property for which
the person seeks a shoreline permit.
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(3) Identification of the type of shoreline use permit sought.
(4) A site plan showing applicant's property and the proposed area of federal
land for which the person seeks a permit to use.
(5) Available times for an on-site meeting to mark the limits of the permit
area and, if applicable, evaluate mitigation costs for shoreline variation.
( 6) Verification that the person will adhere to and will ensure that any party
performing work on the person's behalf will adhere to the rules,
regulations, and requirements established by the U.S. Army Corps of
Engineers.
(c) A shoreline use permit cannot be transferred to another person.
(d) Any false statement or misrepresentation of a material fact made
by an applicant for purpose of obtaining a shoreline use permit or renewal
shall be sufficient cause for refusal to grant or for the suspension of the
permit.
(e) The issuance of a permit under this article does not preclude use of
the area by the general public. Any attempt by a person to preclude the
general public from using permitted federal property shall result in
revocation of the shoreline use permit.
Sec. 13-107. Types of Shoreline Use Permits.
(a) MUZ Permit: A permit for mowing and underbrushing on
federal property designated as a Mowing and Underbrush Zone by the
U.S. Army Corps of Engineers, and which generally extends 50 feet from
the federal property line to the shore.
(b) NSVA Permit: A permit for mowing and underbrushing beyond
the Mowing and Underbrush Zone and within the Narrow Shoreline
Variance Areas, which requires payment of a one-time mitigation cost for
environmental/natural resource losses caused by frequent mowing and
clearing. Revenues generated from the mitigation fees will be utilized for
habitat improvements.
(c) HMZ Permit: A permit to perform activities past the Mowing
and Underbrush Zone on a seasonal basis in an attempt to enhance the
establishment of flora and fauna prescribed in the permit application.
(d) Irrigation Permit: A permit to allow water lines or any other
structure used to draw water from the lake to irrigate private property to
cross federal property.
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Sec. 13-108. Adherence to U.S. Army Corps of Engineer Guidelines.
(a) Any person issued a shoreline use permit under this article must
adhere to the guidelines established by the U.S. Army Corps of Engineers
for use of the federal property under the specific permit. A person issued
a shoreline permit commits an offense if work performed in the permitted
area fails to comply with the regulations and guidelines for use applicable
to the permit issued.
(b) A person issued a MUZ permit and/or NSV A permit must
comply with the Vegetative Management Guidelines identified by the U.S.
Army Corps of Engineers in Ecosystem-based Vegetation Management
Prescriptions for Federally-owned Land at Grapevine and Lewisville
Lakes prepared in conjunction with the Programmatic Environmental
Assessment on Allowable Adjacent Landowner Activities at Grapevine and
Lewisville Lakes, including but not limited to the following specific
requirements:
(1) Mow only within the permitted area.
(2) Do not mow shorter than 3 inches high.
(3) Only use lightweight mowing equipment designed for managing turfed
areas; heavy, farm-type tractors or mowers are not permitted for use in the
MUZ or NSV A.
(4) Do not remove beneficial shrub species, such as Mexican Plum, coral
berry, deciduous holly, rusty blackhaw, and eastern redbud. Photos and
other information on the beneficial shrubs are posted on the U.S. Army
Corps of Engineers Website.
(5) Remove non-native brush species first (such as privet) and leave clumps
or islands of native species for habitat.
(6) Remove heavy vines such as poison ivy or greenbriar by mechanical or
chemical means.
(7) Only chemicals approved by the State of Texas for underbrushing use may
be used in a permitted area. All chemicals must be suitable for use in and
around bodies of water. All individuals or businesses applying chemicals
on a permitted area must be state licensed.
(8) Trees with a trunk diameter greater than two inches at a point twelve
inches above ground may not be removed.
(9) Mature trees may be pruned to a height often feet.
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(10) In general, dead trees and tree limbs may be removed from the permitted
area unless they are determined to be structurally sound or is serving as a
habitat and do not pose a threat to pedestrians or private property.
(c) A person issued an HMZ permit must comply with the
Ecosystem-based Vegetation Management Prescriptions published in the
Programmatic Environmental Assessment on Allowable Adjacent
Landowner Activities at Grapevine and Lewisville Lakes.
(d) A copy of the Vegetative Management Guidelines identified by
the U.S. Army Corps of Engineers in Ecosystem-based Vegetation
Management Prescriptions for Federally-owned Land at Grapevine and
Lewisville Lakes prepared in conjunction with the Programmatic
Environmental Assessment on Allowable Adjacent Landowner Activities at
Grapevine and Lewisville Lakes and the Ecosystem-based Vegetation
Management Prescriptions published in the Programmatic Environmental
Assessment on Allowable Adjacent Landowner Activities at Grapevine and
Lewisville Lakes are available for review in the Office of the City
Secretary for the City of The Colony.
Sec. 13-109. Shoreline Use Permit and Mitigation Fees.
(a) A fee for each of the shoreline use permit types shall be
established by resolution of the City Council, and is required annually for
each permit. All permits will expire at the end of the calendar year in
which the activities applied for will take place, and must be renewed on an
annual basis.
(b) The issuance of an NSV A permit will require an additional
determination and subsequent one-time fee for mitigation, calculated by
multiplying the acreage impacted beyond the MUZ to the conservation
pool by the dollar value identified in the Shoreline Variance Mitigation
Cost Schedule of the U.S. Army Corps of Engineers adopted by resolution
of the City Council.
Sec. 13-110. Violations. Penalties.
It shall be unlawful for any person to violate any of the provisions
of this article, and any such person who violates a provision of this article
is guilty of a separate offense for each day or portion of a day during
which the violation is committed, continued, or permitted, and each
offense is punishable by a fine not to exceed $500.00.
Sec. 13-111. Authority, Enforcement
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(a) The City Manager or his designee is hereby authorized to issue
and suspend, if necessary, Shoreline Use Permits as provided in this
Article.
(b) The City Manager or his designee has the power and authority
to issue a notice or citation to any person in violation of any provision of
this Article.
Secs. 13-112 to 13-115. Reserved."
SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances
and of the Code of Ordinances of the City of The Colony, Texas, except where the
provisions of this Ordinance are in direct conflict with the provisions of such ordinances
and such codes, in which event the conflicting provisions of such ordinances and such
codes are hereby repealed.
SECTION 3. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and
if any section, paragraph, sentence, clause, or phrase 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 sections, paragraphs,
sentences, clauses, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordnance of any such
unconstitutional section, paragraph, sentence, clause or phrase.
SECTION 4. All rights and remedies of the City of The Colony are expressly
saved as to any and all violations of the provisions of any ordinances governing zoning or
platting that have accrued at the time of the effective date of this 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 5. 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.
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DUL Y ADOPTED by the City Council of The Colony, Texas on the 15th day of
December. 2008.
APPROVED:
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Robert Hager, City At
(REH/KRL) (08/12/08
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