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Home My WebLink AboutOrdinance 6766Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6766 File Number: 2024-224 §169.03 REVIEW AND/OR PERMITS REQUIRED; EXCEPTIONS (AMENDMENT): AN ORDINANCE TO AMEND §169.03 REVIEW AND/OR PERMITS REQUIRED; EXCEPTIONS IN CHAPTER 169 PHYSICAL ALTERATION OF LAND OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PERMITS FOR THE PLACEMENT OF MORE THAN SIX INCHES OF MULCH AND COMPOST WHEREAS, the Ordinance Review Committee recommends approval of an ordinance requiring a grading permit for the placement of more than six inches of mulch or compost. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 169.03 (B) Grading Permit Required and enacts a new subsection (B) as follows: “(B) Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling (including the placement of mulch or compost), excavation, land alteration of any kind, or construction of new impervious area greater than 10,000 square feet shall require: (1) Prior development approval as specified in Chapter 166, except for general grading to an existing developed site that does not impact trees or floodplains and does not significantly alter the natural landform; (2) A grading permit pursuant to this chapter; and (3) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law.” Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new exception for mulch and compost used in landscaping and gardens in subsection (C)(5) as follows: “(5) Placement of mulch, compost, topsoil or like material at reasonable depths of 6 inches or less for purposes of creating or enhancing landscape beds, gardens, or lawn areas, in accordance with accepted best practices and industry standards for such areas.” PASSED and APPROVED on July 2, 2024 Ordinance: 6766 File Number: 2024-224 Approved: Attest: This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville , Arkansas . Amount Paid:$ \lJ>S . tp <c, Page2 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-224 MEETING OF JULY 2, 2024 TO: Mayor Jordan and City Council THRU: FROM: Council Member Holly Hertzberg SUBJECT: Amend 169.03 to required grading permit for more than 6 inches of mulch or compost RECOMMENDATION: The Ordinance Review Committee recommends approval of an ordinance requiring a grading permit for the placement of more than six inches of mulch or compost. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request Form (#3) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-224 Amend 169.03 to required grading permit for more than 6 inches of mulch or compost AN ORDINANCE TO AMEND §169.03 REVIEW AND/OR PERMITS REQUIRED; EXCEPTIONS IN CHAPTER 169 PHYSICAL ALTERATION OF LAND OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PERMITS FOR THE PLACEMENT OF MORE THAN SIX INCHES OF MULCH AND COMPOST WHEREAS, the Ordinance Review Committee recommends approval of an ordinance requiring a grading permit for the placement of more than six inches of mulch or compost. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 169.03 (B) Grading Permit Required and enacts a new subsection (B) as follows: “(B) Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling (including the placement of mulch or compost), excavation, land alteration of any kind, or construction of new impervious area greater than 10,000 square feet shall require: (1) Prior development approval as specified in Chapter 166, except for general grading to an existing developed site that does not impact trees or floodplains and does not significantly alter the natural landform; (2) A grading permit pursuant to this chapter; and (3) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law.” Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new exception for mulch and compost used in landscaping and gardens in subsection (C)(5) as follows: “(5) Placement of mulch, compost, topsoil or like material at reasonable depths of 6 inches or less for purposes of creating or enhancing landscape beds, gardens, or lawn areas, in accordance with accepted best practices and industry standards for such areas.” 6/12/2024 ORDINANCE NO. ____________ AN ORDINANCE TO AMEND § 169.03 REVIEW AND/OR PERMITS REQUIRED; EXCEPTIONS IN CHAPTER 169 PHYSICAL ALTERATION OF LAND OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PERMITS FOR THE PLACEMENT OF MORE THAN SIX INCHES OF MULCH AND COMPOST WHEREAS, the Ordinance Review Committee recommends approval of an ordinance requiring a grading permit for the placement of more than six inches of mulch or compost. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 169.03 (B) Grading Permit Required and enacts a new subsection (B) as follows: “(B) Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling (including the placement of mulch or compost), excavation, land alteration of any kind, or construction of new impervious area greater than 10,000 feet shall require: (1) Prior development approval as specified in Chapter 166, except for general grading to an existing developed site that does not impact trees or floodplains and does not significantly alter the natural landform; (2) A grading permit pursuant to this chapter; and (3) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law.” Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new exception for mulch and compost used in landscaping and gardens in subsection (C)(5) as follows: “(5) Placement of mulch, compost, topsoil or like material at reasonable depths of 6 inches or less for purposes of creating or enhancing landscape beds, gardens, or lawn areas, in accordance with accepted best practices and industry standards for such areas.” Created: 2024-04-03 16:33:58 [EST] (Supp. No. 32) Page 1 of 1 169.03 Review And/Or Permits Required; Exceptions (A) Grading Review Required. (Reference §166.02(E).) (1) When located within the Hillside/Hilltop Overlay District boundaries. Parcels of land divided by the Hillside/Hilltop Overlay District boundary shall only be subject to the requirements of this chapter on that portion of land lying within the boundary; (2) Construction of greater than 1,200 square feet of impervious area on a single site; (B) Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling (including the placement of mulch or compost), excavation, or land alteration of any kind, or construction of new impervious area greater than 10,000 feet shall require: (1) Prior development approval as specified in Chapter 166, except for general grading to an existing developed site that does not impact trees or floodplains and does not significantly alter the natural landform; (2) Construction of new impervious area greater than 10,000 square feet; (23) A grading permit pursuant to this chapter; and (34) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law. (C) Exceptions to Permit Requirements. Grading permits are not required for the following however the Minimum Erosion Control Requirements in §169.04 still apply: (1) Excavation Below Finish Grade. Excavations below finished grade for basements, swimming pools, hot tubs, septic systems, retaining walls under 4 feet in height, and like structures authorized by a valid building permit. (2) Cemetery Graves. Cemetery graves. (3) Refuse Disposal. Refuse disposal sites controlled by other regulations. (4) Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require the use of heavy construction equipment, French drains, yard grading, maintenance, farming, gardens, and similar activities. (5) Placement of mulch, compost, topsoil or like material at reasonable depths of 6 inches or less for purposes of creating or enhancing landscape beds, gardens, or lawn areas, in accordance with accepted best practices and industry standards for such areas. (D) Grading Permit Application and Approval. No grading permit shall be issued until the Grading and Erosion & Sediment Control Plan, endorsed by an architect, landscape architect, or engineer licensed in the state of Arkansas, is approved by the City Engineer. A separate permit shall be required for each site. Grading permits may be issued jointly for parcels of land that are contiguous, so long as erosion control measures are in place until project completion. Any application for a required grading permit under this chapter shall be submitted concurrently with the application and calculations for a drainage permit if such a drainage permit is required by §170.03. Tree Preservation and Protection is required in accordance with Chapter 167. (E) Permit Posted. A copy of the grading permit cover page shall be posted at or near the street right-of-way line and shall be clearly visible from the street. (Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No. 4313, 5-15-01; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14; Ord. No. 5945 , §18, 1-17-17; Ord. No. 6061 , §4, 4-17-18; Ord. No. 6446 , §11(Exh. F), 6-15-21) Form v1 52 Account#: NWCL5004205 '�� Company: CITY OF FAYETTEVILLE-CLERKS OFFI JUL 0 9 2024 113 W MOUNTAIN FAYETTEVILLE,AR 72701 CITYY CLERKS OFFICE Ad number#: 418083 PO#: Matter of: ORD 6766 AFFIDAVIT•STATE OFARKANSAS I Maria Hernandez-Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTONBEN'I'ON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6766 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$165.68. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 07/07/24;NWA nwaonline.com 07/07/24 \\\��t��61R ll ��\\Jc �ssi0 SyF,9' O.•iS` .22.20 4.. r Legal Clerk .;.°N°TA,g-9m. _ State of ARKANSAS,County of Sebastian ?co'. "1.1 B 0G o r" Subscribed and sworn to before me on this 8th day of July, „`��o^ :?''•,�P TARY PUBLIC Ordinance:6766 File Number: 2024-224 §169.03 REVIEW AND/OR PERMITS REQUIRED; EXCEP- TIONS(AMENDMENT): AN ORDINANCE TO AMEND §169.03 REVIEW AND/OR PER- MITS REQUIRED; EXCEPTIONS IN CHAPTER 169 PHYSICAL AL- TERATION OF LAND OF THE UNI- FIED DEVELOPMENT CODE TO REQUIRE PERMITS FOR THE PLACEMENT OF MORE THAN SIX INCHES OF MULCH AND COM- POST WHEREAS,the Ordinance Re- mew Committee recommends approval of an ordinance requir- ing a grading permit for the placement of more than six inches of mulch or compost. NOW THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayet- teville,Arkansas hereby repeals §169.03(B)Grading Permit Re- quired and enacts a new sub- section(B)as follows: "(8)Grading Permit Required. Unless exempted by §169.03(C),all grading,clear- ing,filling(including the place- ment of mulch or compost), excavation, land alteration of any kind,or construction of new impervious area greater than 10,000 feet shall require: (1) Prior development ap- proval as specified in Chapter 166,except for general grading to an existing developed site that does not impact trees or floodplains and does not signif- icantly alter the natural land- form; (2)A grading permit pursuant to this chapter,and (3) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan,if re- quired by state law." Section 2:I hat the City Coun- cil of the City of Fayetteville, Arkansas hereby enacts a new exception for mulch and com- post used in landscaping and gardens in subsection(C)(5)as follows: "(5) Placement of mulch, compost,topsoil or like material at reasonable depths of 6 inches or less for purposes of creating or enhancing land- scape beds,gardens,or lawn areas,in accordance with ac- cepted best practices and in- dustry standards for such areas." PASSED and APPROVED on July 2,2024 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:6165.68 July 7,2024 418083