§ 47-17. Trinity River corridor development certificate process.

(a)

Definitions. In this section:

Corridor Development Certificate Manual means the manual by that title dated January 31, 1992, which is attached to this section and kept on file in the office of the city secretary.

Floodplain alteration means any construction of buildings or other structures, mining, dredging, filling, grading, or excavation in the floodplain.

Trinity River Corridor means the portion of the bed and banks of the West Fork, Elm Fork, and mainstream segments of the Trinity River within the Irving city limits.

(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 from the director of public works. It is a defense to prosecution that an exemption or waiver has been obtained in accordance with subsection (e) of this section.

(c)

Application. An application for a corridor development certificate must be filed with the director of public works on a form furnished by the department of public works.

(d)

Review. The director of public works shall deny an application for a certificate unless it complies with the standards contained in the Corridor Development Certificate Manual or unless an exemption from or waiver of those standards is obtained in accordance with subsection (e) of this section.

(e)

Exemptions and waivers.

(1)

Exemptions.

a.

An exemption from the requirements of this section may be obtained if the floodplain alteration involves the following activities:

1.

Ordinary maintenance of and repair to flood control structures;

2.

The construction of outfall structures and associated intake structures if the outfall has been permitted under state or federal law;

3.

Discharge of material for backfall 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.

4.

Bank stabilization;

5.

Any project listed in the U.S. Army Corps of Engineers March 1990 Reconnaissance Report, which is attached as Appendix A to the Corridor Development Certificate 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 public works on a form provided by the department of public works.

c.

If the director of public works 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)

Waivers. If the director of public works determines that the application for a corridor development certificate does not comply with all of the standards contained in the Corridor Development Certificate Manual, the applicant may apply for a waiver to any standard contained in the manual. An application for a waiver must be made to the director of public works, who shall schedule the application for consideration by the city council. The city council may grant a waiver provided the waiver will not violate any provision of federal or state law, result in increased flood levels, or endanger life or property.

(Ord. No. 6311, § 1, 8-26-93)