-  ORONARD  ORDINANCE NO. 0-101122-2  AN ORDINANCE OF THE CITY OF LEONARD, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF LEONARD BY AMENDINGCHAPTER3,-BUILDING REGULATIONSARTICLE3.D, "FLOOD DAMAGE PREVENTION," CREATING DIVISION 4, "DRIVEWAY CULVERTS," PROVIDING FOR PENALTY, SEVERABILITY, SAVINGS AND REPEALING CLAUSES AND AN EFFECTIVE DATE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION  HEREOF.  WHEREAS, the City Council of the City of Leonard, Texas (the "City Council") has investigated and determined that the City of Leonard, Texas ("City" or "Leonard") Subdivision  Ordinance should be amended; and  WHEREAS, under the provisions of the Constitution and laws of the State of Texas, including but not limited to Chapters 42, 43, 212 and 242 of the Local Government Code, as currently existing or amended hereafter, the City is authorized to adopt the regulations set forth  herein; and  WHEREAS, the City Council has investigated and determined that it is advantageous, beneficial and in the best interest of the citizens ofLeonard and its extraterritorial jurisdiction to  adopt the regulations set forth herein; and  WHEREAS, the orderly development of property and the adequate provision of public infrastructure and utilities is vital to the public health, public safety, responsible management of  limited public resources and economic health oft the City and its ETJ.  NOWTHEREFORE, BEITORDAINED BYTHE CITY COUNCIL OF THE CITY  OFI LEONARD, TEXAS: Section 1. Incorporation of Findings.  The findings set forth above are incorporated as iff fully set forth herein.  Section 2. Amendment. tor read as follows:  Chapter 3, "Building Regulations," Article 3.05, "Flood Damage Prevention," of the Code of Ordinances for the City ofLeonard shall be amended by creating Division 4, "Driveway culverts,"  Division 4 Driveway Culverts.  Page 1of5    OPONARD  3.05.091 Driveway Culvert Policy  (a) The city establishes a driveway culvert policy in accordance with the standards set out by the county culvert policy. This policy allows the city to require uniformity and inspection of culverts to maintain proper drainage flow. The city shall bill each property owner for any culvert installation charges incurred by the city. The property owner shall (b) Itshall be unlawful for any person, firm or corporation, toi install a driveway culvert along any street or roadway int the cityiny violation ofthis section unless otherwise approved (c) In order for driveway culverts to be installed by the city on all city streets, the  pay the amount of the bill within 30 days oft the date ofinvoice.  in writing by the city.  following conditions must be met:  1.  No culvert may bei installed along city streets and roadways without written approval oft the city's director of public works and approved culvert permit. 2. The driveway location must be located on a city- or county-maintained  street or roadway in the city.  3.  Culverts must be purchased by the property owner and delivered to the driveway location. Any additional materials required to install the culvert (bolts,  bands, etc.) must also be provided by the property owner.  4.  The size of culverts shall be determined by the director of public works or his designee, but no less than 15 inches in diameter. The culverts may be concrete, corrugated metal, heavy wall steel, or plastic pipe designed for drainage. 5. The location of desired pipe placement must be staked on each end by the  property owner. 6.  The city will install a maximum of 20 feet of pipe. If additional pipe is desired, it must be provided and installed by the owner. The city requires that clean- outs (surface grates) bei installed in any pipe run of4 401 feet or more. Clean-outs must 7. The city will place excavated material overt thej pipe afteritisinstalled. Base material (iron ore, limestone, etc.) will be the responsibility of the owner. Ifbase material is] provided while city machinery is on-site, the city will spread the material  bei installed at a maximum of 40-foot intervals.  over the pipe.  Page 2 of5    ORDARD  8.  Driveways and driveway culverts, and the maintenance thereof are the responsibility of the property owner. Repair or replacement of culverts may be  arranged with the city subject to the conditions above.  9.  The placement of driveway culverts is performed by the city as a convenience to residents oft the city to allow access to their property. Placement of culverts for landscaping, beautification or other aesthetic reasons is the sole 10. Damaged or deteriorated pipe will not be installed. Substandard culverts on city street rights-of-way may be removed by the city at any time without notice. 11. The city may require aj property owner to install a driveway culvert on city- orc county-maintained streets within the city when deemed necessary by the city to improve drainage along such streets. The culverts shall be installed in accordance with the specifications set forth in this policy. The property owner must have at  responsibility of the owner with city approval.  least 30 days to install the culvert. 3.05.092 Application and Permit  (a) Culvert permit application. The property owner will complete the culvert permit application and pay the required permit fee. The property owner may not begin installation ofthe culvert until the application is approved by Public Works Director. Ifitis determined aculvert is to be constructed in a flood safety hazard zone, a development permit will also be required. The culvert permit will not be granted until the requirements set forth in the (b) Sizing. Sizing will be conducted by the director of public works, or his designee, utilizing acceptable engineering practices and taking into consideration the constraints of ROW, extent of downstream grading required, finished floor elevation of proposed residential structures and existing structures, and the overall lay oft the land for the best end (c) Culvert permit. Once the requirements of the permit application have been met the (d) Double driveway permit. A double driveway is a driveway that exceeds 20 feet in width oft the width oft the garage or carport. Double driveway permits require an approved (e) Multiple driveway permit. A multiple driveway permit may be issued for a single residential lot that has more than one driveway access. Multiple driveways on a single  application have been met.  result.  permit clerk will issue a culvert permit.  variance.  Page 3 of5    OBONRD  residential lot are considered one location and may be permitted with a single permit only  ifinstallation of the culverts is to occur at the same time.  3.05.093 City enforcement of policy  (a) Culverts will not be approved and permits will not be issued until the final inspection has been approved by the Public Works Director and a culvert permit has been (b) If the culvert is not installed within 60 days from the date the application was approved, the application will expire, fees will not be reimbursed, and the property owner must reapply for a culvert permit. A one-time 60 day extension may be granted by the city (c) Any modifications after the permit has been approved and installation accepted will not be permitted, and the property owner may be required to remove and replace the  issued.  when circumstances warrant.  driveway/culvert at their own expense. 3.05.094 Permit fees  (a) Fees for all culvert permits shall be $50.  Section 3. Penalty for Violation.  Any person or corporation who violates any oft the provisions oft this ordinance, or fails to comply herewith, or with any oft the requirements hereof, or who shall build or alter any building or use in violation of any plan or plat submitted and approved hereunder, shall be guilty ofai misdemeanor and shall be liable fora a fine of not more than five hundred dollars ($500.00), unless the offense is a violation of an ordinance that governs fire safety or public health and sanitation, and then shall be liable for a fine of not more than two thousand dollars ($2,000.00), and each day or portion thereof such violation shall exist shall constitute a separate offense. The owner or owners ofany building or premises or part thereof, where anything in violation oft this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty ofa separate offense and upon conviction shall be fined as herein provided.  Section 4. Severability Clause.  Ifany section, clause, paragraph, sentence or phrase oft this ordinance shall, for any reason, be held to be invalid or unconstitutional, such invalid section, clause, paragraph, sentence or phrase is hereby declared to be severable; and any such invalid or unconstitutional section, clause, paragraph, sentence or phrase shall in no way affect the remainder of this ordinance; and it is hereby declared to be the intention oft the City Council that the remainder oft this ordinance would  Page 4 of5    OONAkD  have been passed notwithstanding the invalidity or unconstitutionality of any section, clause,  paragraph, sentence or phrase thereof. Section 5. Savings/Repealing Clause.  All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said  ordinances shall remain in full force and effect. Section 6. Publication and Effective Date. immediately upon its passage and publication.  The caption of this Ordinance is to be published as required by law and shall become effective  DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF  LEONARD, TEXAS on this Mday of Ocioen 2022.  RÉ  ATTEST:  Melissa  2073 2022-    Date ofl Publication in the Leonard Graphic: uly11  Page 5 of5