File #: 19-0685    Name: Ordinance Revisions for Sediment Removal
Type: Ordinance Status: Agenda Ready
In control: City Council Work Session
On agenda: 8/20/2019 Final action:
Title: Discuss and Provide Direction on Requiring Property Owners to Remove Sediment from On-Site Ponds and Lakes
Attachments: 1. Revisions (Proposed), 2. Presentation
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Title

Discuss and Provide Direction on Requiring Property Owners to Remove Sediment from On-Site Ponds and Lakes

Summary

 

COUNCIL GOAL:                     Enhance the quality of Life in McKinney

(5E. Develop sustainable quality of life improvements within the City of McKinney) 

 

MEETING DATE:                     August 20, 2019

 

DEPARTMENT:                      Development Services / Engineering

 

CONTACT:                       Michael Hebert, PE, Assistant Director of Engineering

                     

 

RECOMMENDED CITY COUNCIL ACTION:                     

                     Discuss and provide recommendations for possible revisions to the Code of Ordinances to address excessive sediment in ponds and lakes

 

ITEM SUMMARY: 

                     Staff is seeking council input regarding adding provisions to require property owners to remove lake/pond sediment that is considered excessive

o                     Excessive sediment can create significant aquatic vegetation that can be considered a negative for health and aesthetic reasons

                     Some residents have expressed concerns regarding excessive sediment buildup in area ponds and lakes, potentially limiting view corridors, decreasing property values, and creating potential health and safety risks

o                     Health and safety risks can include

                     Undesirable animal habitat

                     Modifications to upstream floodplains

                     Upsetting the physical/chemical/biological components of the lake

                     Most pond/lake property owners have plans in place to remove sediment or otherwise mitigate the aquatic vegetation concerns

                     However, some property owners have been reluctant to address sediment concerns, primarily due to cost or the lack of importance to them.

                     Staff interviewed several stakeholders to receive input on proposed ordinance changes that would address the concerns

                     Possible amendments to the code of ordinances could include:

o                     Removal of sediment when 1/3 the depth of any one acre section of the water body contains sediment

                     Requirement to study the removal of sediment will be apparent due to the presence of a significant stand of cattails

                     The study would then be required to determine what exists in the water body and what will be necessary to remove the sediment (allow 1 year for study completion)

                     Upon completion of the study, sediment must be removed (allow 5 years to accumulate funds and complete the project)

o                     Install aeration in water bodies where it is determined to be beneficial by an industry professional

                     Water bodies less than 6 feet of depth may not receive a benefit

                     These ordinances would apply to any portion of a non-NRCS lake where the normal water surface is within 200 feet of a residential property

                     Feedback from contacted stakeholders was general agreement with the distance from the lake/pond and time frames for sediment removal with the exception of those who are currently adjacent to water bodies with a significant amount of sediment.  Those owners desired to see a faster completion time.

 

BACKGROUND INFORMATION: 

                     Staff has had discussions with:

o                     Property owners

o                     HOA representatives

o                     Developers

o                     Industry professionals

                     Sediment removal

                     Pond maintenance

                     Appraisers

                     Of note is industry professionals contacted were not aware of other cities that require sediment removal from amenity lakes

                     Some HOA’s have had debates where some members wanted sediment removed, but others appreciated the look of the vegetated wetlands and/or did not want to pay for the removal.

 

FINANCIAL SUMMARY: 

                     Costs for sediment removal can vary greatly from approximately $20 per cubic yard to over $100 per cubic yard.

 

BOARD OR COMMISSION RECOMMENDATION:

                     N/A