HomeMy WebLinkAboutOrdinance 6772
Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6772
File Number: 2024-295
UNIFIED DEVELOPMENT CODE - CHAPTER 170 (AMENDMENT):
AN ORDINANCE TO AMEND § 170 STORMWATER MANAGEMENT AND DRAINAGE OF THE UNIFIED
DEVELOPMENT CODE TO CLARIFY THE MAINTENANCE RESPONSIBILITIES FOR PRIVATE AND
PUBLIC DRAINAGE SYSTEMS AS WELL AS PROVISIONS REGARDING ILLICIT DISCHARGES INTO THE
DRAINAGE SYSTEM
WHEREAS, the Unified Development Code (UDC) has historically defined public drainage systems as those systems
within the public right-of-way or public drainage easement; and
WHEREAS, public systems are to be owned and maintained by the City of Fayetteville and all drainage systems
outside these areas are considered to be private drainage according to the UDC and the maintenance responsibility
would fall to the owner of the property; and
WHEREAS, staff and the City Attorney discovered potential ambiguity in the UDC regarding the maintenance
responsibilities for these different systems and recommend changes to clearly define those responsibilities.
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 § 170.02 Adoption of Drainage
Criteria Manual and Best Management Practices and enacts the following replacement language:
"The City Council hereby adopts by reference the Drainage Criteria Manual and requirements identifying Best
Management Practices for any private activity, operation, or facility, which may cause a discharge of pollutants to the
storm drainage system. Where specific BMPs are required, every person undertaking such activity or operation, or
owning or operating such facility shall implement and maintain these BMPs at their own expense.”
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsections (A) and (B) of §
170.06 Maintenance Responsibility and enacts the following replacement language:
“(A) Public and Private Drainage Systems. Those stormwater management systems within a public right-of-way or
public drainage easement as of July 31, 2024 or later accepted by the City shall be considered public drainage systems.
The City is authorized to work to maintain the proper function of these facilities through maintenance as necessary
except for detention/retention facilities, green stormwater facilities approved as a portion of the development and any
exceptions noted in 170.09 which will remain the responsibility of the property owner. Any public drainage easement
dedicated subsequent to August 1, 2024 must be dedicated to the city by plat or separate instrument and accepted by the
Ordinance: 6772
File Number: 2024-295
Page 2
City Engineer or designee before being considered a part of the public drainage system. All other systems shall be
considered private systems and will be the responsibility of the owner of the property on which the systems are located.
(B) Maintenance of Stormwater Systems and Structures.
(1) Private Systems: Unless otherwise stated in 170.06(A), the owner of the property on which private stormwater
systems and structures have been installed shall maintain in good condition and promptly repair and restore all grade
surfaces, walls, drains, culverts, dams, structures, vegetation, erosion and sedimentation controls, and other protective
devices to their proper working condition. Proper working condition is defined as the condition in which the system or
portion of the system was operating or designed to operate when originally installed.
(2) All Systems: Whether public or private, the owner of the property on which the stormwater system is located shall
clear open channels of excessive vegetation, trash, debris, and other obstacles obstructing flow to the extent deemed
feasible by the City Engineer or designee.”
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals and reserves § 170.08 Private
Drainage Systems.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (B) of § 170.09 Illicit
Discharge Detection and Elimination and enacts a replacement (B) as follows:
“(B) Prohibition of Illegal Discharges and Illicit Connections.
(1) Illegal discharges are prohibited. No person shall throw, drain, or otherwise discharge, cause, or allow others under
its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other
than storm water. Common stormwater contaminants include trash, yard waste, wastewater, oil, petroleum products,
cleaning products, paint products, hazardous waste and sediment.
(2) Illicit connections are prohibited. The construction, use, maintenance or continued existence of illicit connections to
the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in
the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the
time of connection.
(3) No person shall connect a line conveying sanitary sewage, domestic sewage or industrial waste, to the storm
drainage system, or allow such a connection to continue.
(4) Private Drainage System Maintenance. The owner of any private drainage system shall maintain the system to
prevent or reduce the discharge of pollutants. This maintenance shall include, but is not limited to, sediment removal,
bank erosion repairs, maintenance of vegetative cover, and removal of debris from pipes and structures.
(5) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall clean the pavement
as required to prevent the buildup and discharge of pollutants. The visible buildup of mechanical fluid, waste materials,
sediment or debris is a violation of this chapter. Paved surfaces shall be cleaned by dry sweeping, wet vacuum
sweeping, collection and treatment of wash water or other methods in compliance with this Code. Material shall not be
swept or washed into the storm drainage system. This section does not apply to pollutants discharged from construction
activities.
(6) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor, uncovered area shall
be contained to prevent the potential release of pollutants. Vehicles, machinery and equipment must be maintained to
reduce leaking fluids.
(7) Materials Storage. In addition to other requirements of this Code, materials shall be stored to prevent the potential
release of pollutants. The uncovered, outdoor storage of unsealed containers of hazardous substances is prohibited.
Ordinance: 6772
File Number: 2024-295
(8) Pesticides , Herbicides and Fertilizers. Pesticides , herbicides and fertilizers shall be applied in accordance with
manufacturer recommendations and applicable laws . Excessive application shall be avoided .
(9) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainage system is prohibited.
Irrigation systems shall be managed to reduce the discharge of water from a site."
PASSED and APPROVED on July 16, 2024
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville ,
Arkansas. Amount Paid: $ 49 'o
4
'o\9
Page3
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-295
MEETING OF JULY 16, 2024
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
SUBJECT: Approval of the revisions to Chapter 170 of the Unified Development Code (UDC)
clarifying the maintenance responsibility of private and public drainage systems as
well as illicit discharges into the drainage system
RECOMMENDATION:
Staff recommends approval of the revisions to Chapter 170 of the Unified Development Code (UDC) clarifying
the maintenance responsibility of private and public drainage systems as well as illicit discharges into the
drainage system.
BACKGROUND:
Historically, the Unified Development Code (UDC) has defined public drainage systems as those systems
within the public right-of-way or public drainage easement. Public systems are to be owned and maintained by
the City of Fayetteville. All drainage systems outside of these areas are considered to be private drainage
according to the UDC and the maintenance responsibility would fall to the owner of the property.
DISCUSSION:
While no revisions to these definitions are proposed, staff and the City Attorney discovered potential ambiguity
in the code regarding the maintenance responsibilities of these different systems. Specifically, section 170.06
of the current UDC could be interpreted to apply only to those systems that have been dedicated to the City
due to the dedication clause under 170.06(A), Dedication. While staff does not feel this is the intent of the
ordinance based on the enforcement mechanisms included, it is best to remove these potential interpretations
to avoid future questions regarding maintenance responsibility. It will also make clear the City’s ability to
enforce those maintenance requirements. Working with the City Attorney’s office, this section has been
partially re-written to clearly define the maintenance responsibilities of each system and the City’s enforcement
action should a property owner fail to maintain their system.
Additional revisions included moving many of the provisions of 170.08 into 170.09 as they dealt with illicit
(illegal) discharges into the drainage system, not just private drainage system maintenance. This again makes
clear the City’s regulations regarding illicit discharges as well as the enforcement mechanism associated with
these discharges. The Planning Commission voted 8-0 to send the revisions to the City Council with a
recommendation of approval.
BUDGET/STAFF IMPACT:
No impact to the budget is associated with this item.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
ATTACHMENTS: SRF (#3), Chapter 170 Stormwater Management And Drainage (Current) (#4), Chapter 170
Stormwater Management And Drainage (Strikethrough) (#5), Chapter 170 Stormwater Management And
Drainage (Clean) (#6)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-295
Approval of the revisions to Chapter 170 of the Unified Development Code (UDC) clarifying the
maintenance responsibility of private and public drainage systems as well as illicit discharges into
the drainage system
AN ORDINANCE TO AMEND § 170 STORMWATER MANAGEMENT AND DRAINAGE OF THE
UNIFIED DEVELOPMENT CODE TO CLARIFY THE MAINTENANCE RESPONSIBILITIES FOR
PRIVATE AND PUBLIC DRAINAGE SYSTEMS AS WELL AS PROVISIONS REGARDING
ILLICIT DISCHARGES INTO THE DRAINAGE SYSTEM
WHEREAS, the Unified Development Code (UDC) has historically defined public drainage systems as
those systems within the public right-of-way or public drainage easement; and
WHEREAS, public systems are to be owned and maintained by the City of Fayetteville and all drainage
systems outside these areas are considered to be private drainage according to the UDC and the
maintenance responsibility would fall to the owner of the property; and
WHEREAS, staff and the City Attorney discovered potential ambiguity in the UDC regarding the
maintenance responsibilities for these different systems and recommend changes to clearly define those
responsibilities.
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 § 170.02 Adoption
of Drainage Criteria Manual and Best Management Practices and enacts the following replacement
language:
"The City Council hereby adopts by reference the Drainage Criteria Manual and requirements
identifying Best Management Practices for any private activity, operation, or facility, which may cause a
discharge of pollutants to the storm drainage system. Where specific BMPs are required, every person
undertaking such activity or operation, or owning or operating such facility shall implement and
maintain these BMPs at their own expense.”
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsections (A)
and (B) of § 170.06 Maintenance Responsibility and enacts the following replacement language:
“(A) Public and Private Drainage Systems. Those stormwater management systems within a public
right-of-way or public drainage easement as of July 31, 2024 or later accepted by the City shall be
Ordinance: 6772
File Number: 2024-295
Page 2
considered public drainage systems. The City is authorized to work to maintain the proper function of
these facilities through maintenance as necessary except for detention/retention facilities, green
stormwater facilities approved as a portion of the development and any exceptions noted in 170.09
which will remain the responsibility of the property owner. Any public drainage easement dedicated
subsequent to August 1, 2024 must be dedicated to the city by plat or separate instrument and accepted
by the City Engineer or designee before being considered a part of the public drainage system. All other
systems shall be considered private systems and will be the responsibility of the owner of the property
on which the systems are located.
(B) Maintenance of Stormwater Systems and Structures.
(1) Private Systems: Unless otherwise stated in 170.06(A), the owner of the property on which private
stormwater systems and structures have been installed shall maintain in good condition and promptly
repair and restore all grade surfaces, walls, drains, culverts, dams, structures, vegetation, erosion and
sedimentation controls, and other protective devices to their proper working condition. Proper working
condition is defined as the condition in which the system or portion of the system was operating or
designed to operate when originally installed.
(2) All Systems: Whether public or private, the owner of the property on which the stormwater system is
located shall clear open channels of excessive vegetation, trash, debris, and other obstacles obstructing
flow to the extent deemed feasible by the City Engineer or designee.”
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals and reserves §
170.08 Private Drainage Systems.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (B) of §
170.09 Illicit Discharge Detection and Elimination and enacts a replacement (B) as follows:
“(B) Prohibition of Illegal Discharges and Illicit Connections.
(1) Illegal discharges are prohibited. No person shall throw, drain, or otherwise discharge, cause, or
allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or
waters containing any pollutants, other than storm water. Common stormwater contaminants include
trash, yard waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous
waste and sediment.
(2) Illicit connections are prohibited. The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited. This prohibition expressly includes, without
limitation, illicit connections made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
(3) No person shall connect a line conveying sanitary sewage, domestic sewage or industrial waste, to
the storm drainage system, or allow such a connection to continue.
(4) Private Drainage System Maintenance. The owner of any private drainage system shall maintain the
system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is not
Ordinance: 6772
File Number: 2024-295
Page 3
limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover, and removal of
debris from pipes and structures.
(5) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall clean
the pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of
mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces shall
be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other
methods in compliance with this Code. Material shall not be swept or washed into the storm drainage
system. This section does not apply to pollutants discharged from construction activities.
(6) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor,
uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery and
equipment must be maintained to reduce leaking fluids.
(7) Materials Storage. In addition to other requirements of this Code, materials shall be stored to prevent
the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of hazardous
substances is prohibited.
(8) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in
accordance with manufacturer recommendations and applicable laws. Excessive application shall be
avoided.
(9) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainage
system is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site.”
6/25/2024
Submitted Date
No
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V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
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Remaining Budget
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Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2024-295
Item ID
7/16/2024
City Council Meeting Date - Agenda Item Only
Approval of the revisions to Chapter 170 of the Unified Development Code (UDC) clarifying the maintenance
responsibility of private and public drainage systems as well as illicit discharges into the drainage system
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Chris Brown ENGINEERING (621)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
CURRENT VERSION
CHAPTER 170: STORMWATER MANAGEMENT AND DRAINAGE
Fayetteville, Arkansas, Code of Ordinances Created: 2024-04-03 16:33:59 [EST]
(Supp. No. 32)
Page 1 of 8
CHAPTER 170: STORMWATER MANAGEMENT AND DRAINAGE1
170.01 Intent
(A) Intent. It is the intent of this chapter to protect, maintain, and enhance the health, safety, and general
welfare of the citizens of the City of Fayetteville by:
(1) Preventing increases in the magnitude and frequency of stormwater runoff to prevent increases in
flood flows and associated hazards and costs.
(2) Controlling soil erosion and sedimentation to minimize soil deposition in streams and other receiving
water bodies and storm drainage systems.
(3) Requiring surface and stormwater management practices that comply with requirements of this
chapter.
(4) Promoting the development of stormwater facilities that are aesthetically desirable.
(B) Findings of Fact. The City Council finds that uncontrolled stormwater runoff from developed land adversely
affects the public health, safety, and welfare because:
(1) Impervious Surfaces/Runoff. Impervious surfaces increase the quantity and velocity of surface runoff,
which reduces percolation of water through soil and increases erosion and flooding.
(2) Collection and Conveyance of Stormwater. Improper stormwater collection and conveyance adversely
affects property and increases the incidence and severity of flooding, which can endanger property and
human life.
(3) Erosion. Increased erosion leads to sedimentation in stormwater management systems, which
decreases the system's capacity.
(4) Future Problems. Many future problems can be avoided if land is developed in accordance with sound
stormwater runoff management practices.
(5) Limited Jurisdiction. As a non-traditional, or regulated, MS4, the University of Arkansas' Fayetteville
campus is permitted by ADEQ to administer its own stormwater management program upstream and
physically inter connected to the city's MS4.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.02 Adoption of Drainage Criteria Manual
(A) The City Council herby adopts by reference the Drainage Control Manual with the exception that its Chapter
1, Minimum Stormwater Standards and Submittal Requirements, Section 1.1 General list of "Exceptions
1Ord. No. 6446 , §13(Exh. H), adopted June 15, 2021, repealed the former Ch. 170, §§ 170.01—170.11, and
enacted a new Ch. 170 as set out herein. The former Ch. 170 pertained to stormwater management,
drainage and erosion control and derived from Code 1991, §§ 163.03—163.10; Ord. No. 3895, adopted June
20, 1995; Ord. No. 4100, §2 (Ex. A), adopted June 16, 1998; Ord. No. 4314, adopted May 15, 2001; Ord. No.
4855, adopted April 18, 2006; Ord. No. 4920, adopted Sept. 5, 2006; Ord. No. 5336, adopted Aug. 3, 2010;
Ord. No. 5431, adopted Aug. 16, 2011; and Ord. No. 5702, adopted Aug. 5, 2014.
CURRENT VERSION
Created: 2024-04-03 16:33:58 [EST]
(Supp. No. 32)
Page 2 of 8
when no drainage permit is required are as follows:" which are all deleted and replaced with a reference to
§170.03(C) and (E).
(B) The Drainage Control Manual may be amended from time to time by the City Engineer who shall promptly
inform the City Council of the amendments. All technical procedures and design standards contained in the
Drainage Control Manual shall have the same force and effect as if printed word for word in this chapter
except that no provision may directly conflict with the chapter's Code sections.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.03 Permits Required
(A) Applicability. This chapter shall apply to all land within the corporate limits of the City of Fayetteville. No
person may subdivide and develop, change to a more intensive land use, construct or reconstruct a
structure, or change the size of a structure, or conduct grading, clearing, or filling activities without first
obtaining a stormwater management, drainage and erosion control permit (hereinafter referred to as a
"drainage permit") from the city, except as specified in §170.03(C) and §170.03(E) below.
(B) Permit Application. Any application for a drainage permit shall be submitted to the City Engineer using
appropriate forms as provided by the city for review, processing, and approval. The drainage permit
application shall be submitted as part of the application for a grading permit, if such grading permit is
required by §169.03. A permit application shall contain sufficient information and plans to allow the City
Engineer to determine whether the project complies with the requirements of this chapter. The specific
items to be submitted for a permit application shall be in the form and follow the procedures as described in
the Drainage Criteria Manual, Section 1.4, Drainage Report Template and Checklist. The City Engineer shall
make the final determination regarding detention.
(1) Fee. A nonrefundable permit application fee shall be paid when the application is submitted to help
cover the cost of the plan review, administration and management of the permitting process and
inspection of project implementation and operation (separate from the Physical Alteration of Land
fee).
(2) Issuance. If the City Engineer determines that the permit application submittal is in compliance with all
provisions of this chapter, a permit may be issued. If the City Engineer determines that the permit
submittal does not conform with all provisions of this chap ter, permit issuance may be denied and a
written statement as to the reasons for the denial shall be provided to the applicant.
(C) Project not Requiring Detention. Any project that requires a drainage permit that does not require detention
must submit documentation to this effect to the City Engineer. After review and approval of the City
Engineer, a grading permit may be issued prior to issuance of the drainage permit.
(D) Any grading permit and/or drainage permit issued shall be subject to the following:
(1) Insufficient or Incomplete Drainage Permit Application. If the drainage permit application, including the
required calculations, is determined by the City Engineer to be insufficient or incomplete, it shall be
revised and resubmitted by the applicant within four (4) weeks of receipt of written notice of
insufficiency or incompleteness.
(2) Deadline for the Revised Application or Insufficient or Incomplete Revisions. If a revised application is
not submitted within four (4) weeks of receipt by applicant of the written notice of insufficiency or
incompleteness a stop work order for all grading on the project shall be issued by the City Engineer. A
stop work order for all grading on the project shall be issued by the City Engineer if the revised
application is determined by the City Engineer to be still insufficient or incomplete. However, t he City
Engineer may delay issuance of the stop work order if the City Engineer determines that the applicant
CURRENT VERSION
Created: 2024-04-03 16:33:59 [EST]
(Supp. No. 32)
Page 3 of 8
has demonstrated prior to the deadline that circumstances not reasonably foreseeable and beyond the
applicant's reasonable control prevented his timely resubmission of a sufficient and complete revised
drainage permit application.
(3) Stabilization and Revegetation After Stop Work Order. If a stop work order is issued pursuant to
§170.03(C)(2), the applicant shall stabilize and revegetate all graded and otherwise disturbed areas as
set forth in the Drainage Criteria Manual.
(4) Termination of Stop Work Order. Any stop work order issued pursuant to §170.03(C)(2) shall expire
upon the issuance of a drainage permit and compliance with any conditions contained in the drainage
permit.
(E) Exceptions Where No Drainage Permit is Required. Drainage Permits are not required for the following
activities unless the project is otherwise covered under the U.D.C. or occurs upstream of a known public
flooding problem which is when the city knows that serious flooding involving repeated flood damag e to
residences, buildings or infrastructure in an area has occurred and will likely recur without remedial
measures:
(1) New developments, redevelopments or additions that create less or equal to 10,000 square feet of
new impervious area. See Section 170.09 for building permit submittal requirements.
(2) Lots That Are Part of a Larger Development. One (1) project built on an individual lot that is part of a
larger development that has received an approved drainage control permit when the proposed project
is in compliance with this overall subdivision drainage control permit. The Engineering Divisio n may
require development projects upstream of a known public flooding problem to also follow current best
practices and current drainage regulations and also participate with the City in cost -share projects to
reduce the known public flooding problem.
(3) Existing Non-Residential. Existing nonresidential structure where the additional impervious area is less
than 10,000 square feet. See §170.09 for building permit submittal requirements.
(4) Maintenance. Maintenance or clearing activity that does not change or affect the quality, rate, volume,
or location of stormwater flows on the site, or runoff from the site.
(5) Agriculture. Bona fide agricultural pursuits, for which a soil conservation plan has been approved by the
local Soil and Water Conservation District.
(6) Emergency. Action taken under emergency conditions, either to prevent imminent harm or danger to
persons, or to protect property from imminent danger of fire, violent storms, or other hazards when
determined to be necessary by the City Engineer.
(F) Compliance with Chapter Provisions. Although a specific permit is not required for these particular
circumstances, this exception does not exempt the owner/developer/builder from complying with the
provisions of Chapter 169, Physical Alteration of Land.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.04 Off-Site Stormwater Management Improvements
(A) Off-Site Improvements. If it is determined that offsite drainage improvements are required, and that such
specific off-site drainage improvements are consistent with the city's current and established priorities, then
cost sharing will be in accordance with "Required Off-site Improvements." If the city is unable, or unwilling,
to contribute its share of the off-site costs, the developer shall have the option of:
(1) Developer's Expense. Building the off-site improvements at their own expense;
CURRENT VERSION
Created: 2024-04-03 16:33:59 [EST]
(Supp. No. 32)
Page 4 of 8
(2) Detention. Providing detention so as to match downstream capacities; or
(3) Delay Project. Delaying the project until the city is able, or willing, to share in the off-site costs.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.05 Performance Criteria
(A) Drainage Criteria Manual. The technical procedures and design standards contained in the Drainage Criteria
Manual, adopted by §170.02 of this chapter and as may be amended from time to time by the City Engineer,
shall be used to determine compliance with the performance criteria established by this chapter.
(B) Performance Criteria. Except as otherwise provided in this chapter, a development must be designed,
constructed, operated, and maintained to comply with the following stormwater sizing performance criteria.
Each minimum standard is intended to be used in conjunction with the o thers to address the overall
stormwater impacts from a development site. Supporting technical detail can be found in the Section 2.1 of
the Drainage Criteria Manual (DCM):
(1) Minimum Standard #1 — Water Quality. Reduce the average annual post-development total
suspended solids (TSS) loadings from increased impervious areas either by TSS Reduction Method or
the Runoff Reduction Method (RRM).
(2) Minimum Standard #2 — Channel Protection. Provide extended detention to reduce flows and protect
downstream channels from erosive velocities and unstable conditions. Post-development flows shall
not exceed the predevelopment flows.
(3) Minimum Standard #3 — Overbank Flood Protection. Provide peak discharge control of the storm
events noted in the DCM such that the post-development peak rate does not exceed the
predevelopment rate.
(4) Minimum Standard #4 — Extreme Flood Protection. Provide peak discharge control such that the post-
development peak rate does not exceed the predevelopment rate.
(5) Better Site Design and Green Stormwater Practices, as described in the Drainage Criteria Manual, to
attenuate lesser storms and more closely mimic predevelopment hydrology are encouraged.
(6) Direct Discharge. Direct discharge of a pipe into streams and/or floodways is not allowed. A stilling
basin or other structure that will collect sediment, trash, etc., and that will reduce the likelihood of
erosion in the receiving stream due to discharge from the pipe shall be installed at pipe discharges into
streams and/or floodways.
(7) Erosion and Channel Stability. All stormwater management systems shall be evaluated based on their
ability to prevent erosion and sedimentation of the receiving waters and adverse impacts on the site's
natural systems. The design engineer shall consider the on-site and downstream effects of the peak
discharges and shall design both the permanent and the construction phase of the stormwater
management system in a manner that will not increase flooding, channel instability, or erosion
downstream when considered in aggregate with other developed properties and downstream drainage
capacities.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
CURRENT VERSION
Created: 2024-04-03 16:33:59 [EST]
(Supp. No. 32)
Page 5 of 8
170.06 Maintenance Responsibility
(A) Dedication. Those stormwater management systems approved in compliance with this chapter that will
function as a part of the stormwater management conveyance system shall be dedicated to the city. All areas
and/or structures to be dedicated to the city must be accomp anied by a drainage easement, dedicated by
plat or separate instrument and accepted by the City Engineer.
(B) Maintain Stormwater Systems and Structures. The owner of the property on which stormwater systems and
structures have been installed shall maintain in good condition and promptly repair and restore all grade
surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other
protective devices.
(C) Right-of-Entry for Inspection. The owner shall provide for the City Engineer or designee to enter the property
at reasonable times and in a reasonable manner for the purpose of inspecting stormwater systems and
structures.
(D) Failure to Maintain. If a responsible person fails or refuses to meet the maintenance requirements the city
may give written notice requesting corrective action. If the conditions described in the failure to maintain
notice are not corrected within ten (10) days after such notice is given, the Mayor, or his duly authorized
representative, is hereby authorized to enter upon the property and do whatever is necessary to correct or
remove the conditions described, in the notice. The costs of correcting said conditions shall be charged to
the owner or owners of the property and the city shall have a lien against such property for such costs.
(1) Enforcement of the Lien. The lien herein provided for may be enforced and collected in either one of
the following manners:
(a) The lien may be enforced at any time within eighteen (18) months after work has been done, by
an action in circuit court; or
(b) The amount of the lien herein provided may be determined at a hearing before the City Council
held after thirty (30) days written notice by certified mail to the owner or owners of the property,
if the name and whereabouts of the owner or owners be kno wn, and if the name of the owner or
owners cannot be determined, then only after publication of notice of such hearing in a
newspaper having a bona fide circulation in Washington County for one (1) insertion per week for
four (4) consecutive weeks; the determination of the City Council shall be subject to appeal by
the property owner in circuit court; and the amount so determined at said hearing, plus 10%
penalty for collection, shall be by the City Council certified to the tax collector of the county, and
by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount,
less 3% thereof, when so collected shall be paid to the city by the county tax collector.
(c) In case the owner of any lot or other real property is unknown or his whereabouts is not known
or he is a nonresident of this state, then a copy of the written notice hereinabove referred to
shall be posted upon the premises and before any action to en force such lien shall be had, the
City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts or
non-residence, and thereupon service of the publication as now provided for by law against
nonresident defendants may be had, and an attorney ad litem may be appointed to notify the
defendant by registered letter addressed to his last known place of residence if same can be
found.
(E) Removal and Modification of Stormwater Systems and Structures. Stormwater systems and structures may
only be modified or removed with the approval of the City Engineer, who shall determine whether the
stormwater system or structure does not function as a part of the stormwater management system. The
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applicant may be required to provide supporting data and calculations that justify the removal of the
stormwater systems or structures.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.07 Preliminary Plat, Lot Requirements
(A) Preliminary Plats. Preliminary Plats shall include a master drainage plan for each lot related to the proposed
infrastructure and adjacent lots.
(B) Preliminary Plats for Residential Subdivisions. Preliminary Plats for residential subdivisions shall provide
drainage information meeting the Arkansas Fire Prevention Code for building safety regulations for positive
drainage of each lot.
(1) The applicant shall prepare a master grading plan to be followed during individual lot development to
convey runoff to a public drainage easement or right -of-way.
(2) Right-of-way, utility easements and drainage easements shall be graded and shaped in accordance with
the master build out grading plan during preliminary plat construction.
(C) Rear Lot Drainage Easements. Rear lot drainage easements for nonstructural grassed swales shall not overlap
utility easements with above ground structures, i.e., electric transformers, gas meters, communication
junctions, etc.
(D) Final Plat. The final plat shall include the approved master drainage plan to be filed as a supplemental
document. The scale shall be legible and approved by the City Engineer.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.08 Private Drainage Systems
(A) Private Drainage Systems.
(1) Private Drainage System Maintenance. A private drainage system includes groundwater, drainage
pipes or channels, and any flowing or standing water not within a right-of-way or drainage easement.
The owner of any private drainage system shall maintain the system to prevent or reduce the disch arge
of pollutants. This maintenance shall include, but is not limited to, sediment removal, bank erosion
repairs, maintenance of vegetative cover, and removal of debris from pipes and structures.
(2) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainage system is
prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site.
(3) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall clean the
pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of
mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces shall
be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other
methods in compliance with this Code. Material shall not be swept or washed into the storm drainage
system. This section does not apply to pollutants discharged from construction activities.
(4) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor,
uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery
and equipment must be maintained to reduce leaking fluids.
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(5) Materials Storage. In addition to other requirements of this Code, materials shall be stored to prevent
the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of
hazardous substances is prohibited.
(6) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance
with manufacturer recommendations and applicable laws. Excessive application shall be avoided.
(7) Open Drainage Channel Maintenance. Every person owning or occupying property through which an
open drainage channel passes shall prevent trash, debris, excessive vegetation, and other obstacles
from their property from entering the drainage channel or obstructing flow.
(B) Authorization to Adopt and Impose Best Management Practices. The city may adopt and impose a Drainage
Criteria Manual and requirements identifying Best Management Practices for any private activity, operation,
or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are
required, every person undertaking such activity or op eration, or owning or operating such facility shall
implement and maintain these BMPs at their own expense.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.09 Illicit Discharge Detection and Elimination
(A) Purpose.
(1) The purpose of this section is to provide for the health, safety, and general welfare of the citizens of
Fayetteville through the regulation of non-storm water discharges to the storm drainage system to the
maximum extent practicable as required by federal and state law.
(2) It establishes methods for controlling the introduction of pollutants into its municipal separate storm
sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process.
(3) The University of Arkansas, Fayetteville campus is a separate small MS4 NPDES permit holder and
responsible for Illicit Discharge Detection and Elimination (IDDE) within its service area.
(B) Prohibition of Illegal Discharges and Illicit Connections.
(1) Illegal discharges are prohibited. No person shall throw, drain, or otherwise discharge, cause, or allow
others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters
containing any pollutants, other than storm water. Common stormwater contaminants include trash,
yard waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste
and sediment.
(2) Illicit connections are prohibited. The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited. This prohibition expressly includes, without
limitation, illicit connections made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
(3) No person shall connect a line conveying sanitary sewage, domestic sewage or industrial waste, to the
storm drainage system, or allow such a connection to continue.
(C) Exemptions. The following non-stormwater discharges are acceptable and not a violation of this chapter
provided that ADEQ has not determined and notified the city in writing that these sources are substantial
contributors of pollutants:
(1) Uncontaminated waterline flushing;
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(2) Landscape irrigation;
(3) Rising ground waters;
(4) Uncontaminated ground water infiltration (infiltration is defined as water other than wastewater that
enters a sewer system, including sewer service connections and foundation drains, from the ground
through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not
include, and is distinguished from, inflow.);
(5) Uncontaminated pumped ground water;
(6) Discharges from potable water sources;
(7) Uncontaminated foundation drains;
(8) Uncontaminated air conditioning condensate;
(9) Irrigation water;
(10) Springs;
(11) Water from crawl space pumps;
(12) Uncontaminated footing drains;
(13) Lawn watering;
(14) Individual residential car washing;
(15) Flows from riparian habitats and wetlands;
(16) Dechlorinated swimming pool discharges;
(17) Uncontaminated street wash water;
(18) Discharges or flows from emergency firefighting activities; and
(19) Unless otherwise permitted or regulated by ADEQ, discharges of gray water from municipal splash pads
(also known as spray ponds or spray grounds), as defined in Part 6.35 of this permit, provided the
discharges comply with all applicable municipal or county ordinances enacted or pursuant to law.
Discharges from recirculating systems shall be de-chlorinated prior to discharge.
(D) Release Reporting and Cleanup. Any person responsible for a release of materials which are or may result in
illicit discharges to the storm drainage system shall take all necessary steps to ensure the discovery,
containment, abatement and cleanup of such release. In the event of such a release of a hazardous material,
said person shall comply with all state, federal, and local laws requiring reporting, cleanup, containment, and
any other appropriate remedial action in response to the release. Failure to address an illicit discharge will
result in enforcement action per Chapter 153.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.10—170.99 Reserved
CHAPTER 170: STORMWATER MANAGEMENT AND DRAINAGE
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CHAPTER 170: STORMWATER MANAGEMENT AND DRAINAGE1
170.01 Intent
(A) Intent. It is the intent of this chapter to protect, maintain, and enhance the health, safety, and general
welfare of the citizens of the City of Fayetteville by:
(1) Preventing increases in the magnitude and frequency of stormwater runoff to prevent increases in
flood flows and associated hazards and costs.
(2) Controlling soil erosion and sedimentation to minimize soil deposition in streams and other receiving
water bodies and storm drainage systems.
(3) Requiring surface and stormwater management practices that comply with requirements of this
chapter.
(4) Promoting the development of stormwater facilities that are aesthetically desirable.
(B) Findings of Fact. The City Council finds that uncontrolled stormwater runoff from developed land adversely
affects the public health, safety, and welfare because:
(1) Impervious Surfaces/Runoff. Impervious surfaces increase the quantity and velocity of surface runoff,
which reduces percolation of water through soil and increases erosion and flooding.
(2) Collection and Conveyance of Stormwater. Improper stormwater collection and conveyance adversely
affects property and increases the incidence and severity of flooding, which can endanger property and
human life.
(3) Erosion. Increased erosion leads to sedimentation in stormwater management systems, which
decreases the system's capacity.
(4) Future Problems. Many future problems can be avoided if land is developed in accordance with sound
stormwater runoff management practices.
(5) Limited Jurisdiction. As a non-traditional, or regulated, MS4, the University of Arkansas' Fayetteville
campus is permitted by ADEQ to administer its own stormwater management program upstream and
physically inter connected to the city's MS4.
( Ord.(Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.02 Adoption of Drainage Criteria Manual and Best Management Practices
(A) The City Council herby adopts by reference the Drainage Control Criteria Manual with the exception that
its Chapter 1, Minimum Stormwater Standards and Submittal Requirements, Section 1.1 General list of
"Exceptions when no drainage permit is required are as follows:" which are all deleted and replaced with a
1Ord. No. 6446 , §13(Exh. H), adopted June 15, 2021, repealed the former Ch. 170, §§ 170.01—170.11, and
enacted a new Ch. 170 as set out herein. The former Ch. 170 pertained to stormwater management,
drainage and erosion control and derived from Code 1991, §§ 163.03—163.10; Ord. No. 3895, adopted June
20, 1995; Ord. No. 4100, §2 (Ex. A), adopted June 16, 1998; Ord. No. 4314, adopted May 15, 2001; Ord. No.
4855, adopted April 18, 2006; Ord. No. 4920, adopted Sept. 5, 2006; Ord. No. 5336, adopted Aug. 3, 2010;
Ord. No. 5431, adopted Aug. 16, 2011; and Ord. No. 5702, adopted Aug. 5, 2014.
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reference to §170.03(C) and (E). and requirements identifying Best Management Practices for any private
activity, operation, or facility, which may cause a discharge of pollutants to the storm drainage system.
Where specific BMPs are required, every person undertaking such activity or operation, or owning or
operating such facility shall implement and maintain these BMPs at their own expense.
(B) The Drainage Control Manual may be amended from time to time by the City Engineer who shall
promptly inform the City Council of the amendments. All technical procedures and design standards contained
in the Drainage Control Manual shall have the same force and effect as if printed word for word in this chapter
except that no provision may directly conflict with the chapter's Code sections.
Best Management Practices may be amended by the City Engineer as needed to prevent pollutants from
entering the public drainage system.
(Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.03 Permits Required
(A) Applicability. This chapter shall apply to all land within the corporate limits of the City of Fayetteville. No
person may subdivide and develop, change to a more intensive land use, construct or reconstruct a
structure, or change the size of a structure, or conduct grading, clearing, or filling activities without first
obtaining a stormwater management, drainage and erosion control permit (hereinafter referred to as a
"drainage permit") from the city, except as specified in §170.03(C) and §170.03(E) below.
(B) Permit Application. Any application for a drainage permit shall be submitted to the City Engineer using
appropriate forms as provided by the city for review, processing, and approval. The drainage permit
application shall be submitted as part of the application for a grading permit, if such grading permit is
required by §169.03. A permit application shall contain sufficient information and plans to allow the City
Engineer to determine whether the project complies with the requirements of this chapter. The specific
items to be submitted for a permit application shall be in the form and follow the procedures as described in
the Drainage Criteria Manual, Section 1.4, Drainage Report Template and Checklist. The City Engineer shall
make the final determination regarding detention.
(1) Fee. A nonrefundable permit application fee shall be paid when the application is submitted to help
cover the cost of the plan review, administration and management of the permitting process and
inspection of project implementation and operation (separate from the Physical Alteration of Land
fee).
(2) Issuance. If the City Engineer determines that the permit application submittal is in compliance with all
provisions of this chapter, a permit may be issued. If the City Engineer determines that the permit
submittal does not conform with all provisions of this chap ter, permit issuance may be denied and a
written statement as to the reasons for the denial shall be provided to the applicant.
(C) Project not Requiring Detention. Any project that requires a drainage permit that does not require detention
must submit documentation to this effect to the City Engineer. After review and approval of the City
Engineer, a grading permit may be issued prior to issuance of the drainage permit.
(D) Any grading permit and/or drainage permit issued shall be subject to the following:
(1) Insufficient or Incomplete Drainage Permit Application. If the drainage permit application, including the
required calculations, is determined by the City Engineer to be insufficient or incomplete, it shall be
revised and resubmitted by the applicant within four (4) weeks of receipt of written notice of
insufficiency or incompleteness.
(2) Deadline for the Revised Application or Insufficient or Incomplete Revisions. If a revised application is
not submitted within four (4) weeks of receipt by applicant of the written notice of insufficiency or
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incompleteness a stop work order for all grading on the project shall be issued by the City Engineer. A
stop work order for all grading on the project shall be issued by the City Engineer if the revised
application is determined by the City Engineer to be still insufficient or incomplete. However, the City
Engineer may delay issuance of the stop work order if the City Engineer determines that the applicant
has demonstrated prior to the deadline that circumstances not reasonably foreseeable and beyond the
applicant's reasonable control prevented his timely resubmission of a sufficient and complete revised
drainage permit application.
(3) Stabilization and Revegetation After Stop Work Order. If a stop work order is issued pursuant to
§170.03(C)(2), the applicant shall stabilize and revegetate all graded and otherwise disturbed areas as
set forth in the Drainage Criteria Manual.
(4) Termination of Stop Work Order. Any stop work order issued pursuant to §170.03(C)(2) shall expire
upon the issuance of a drainage permit and compliance with any conditions contained in the drainage
permit.
(E) Exceptions Where No Drainage Permit is Required. Drainage Permits are not required for the following
activities unless the project is otherwise covered under the U.D.C. or occurs upstream of a known public
flooding problem which is when the city knows that serious flooding involving repeated flood damag e to
residences, buildings or infrastructure in an area has occurred and will likely recur without remedial
measures:
(1) New developments, redevelopments or additions that create less or equal to 10,000 square feet of
new impervious area. See Section 170.09 for building permit submittal requirements.
(2) Lots That Are Part of a Larger Development. One (1) project built on an individual lot that is part of a
larger development that has received an approved drainage control permit when the proposed project
is in compliance with this overall subdivision drainage control permit. The Engineering Divisio n may
require development projects upstream of a known public flooding problem to also follow current best
practices and current drainage regulations and also participate with the City in cost -share projects to
reduce the known public flooding problem.
(3) Existing Non-Residential. Existing nonresidential structure where the additional impervious area is less
than 10,000 square feet. See §170.09 for building permit submittal requirements.
(4) Maintenance. Maintenance or clearing activity that does not change or affect the quality, rate, volume,
or location of stormwater flows on the site, or runoff from the site.
(5) Agriculture. Bona fide agricultural pursuits, for which a soil conservation plan has been approved by the
local Soil and Water Conservation District.
(6) Emergency. Action taken under emergency conditions, either to prevent imminent harm or danger to
persons, or to protect property from imminent danger of fire, violent storms, or other hazards when
determined to be necessary by the City Engineer.
(F) Compliance with Chapter Provisions. Although a specific permit is not required for these particular
circumstances, this exception does not exempt the owner/developer/builder from complying with the
provisions of Chapter 169, Physical Alteration of Land.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.04 Off-Site Stormwater Management Improvements
(A) Off-Site Improvements. If it is determined that offsite drainage improvements are required, and that such
specific off-site drainage improvements are consistent with the city's current and established priorities, then
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cost sharing will be in accordance with "Required Off-site Improvements." If the city is unable, or unwilling,
to contribute its share of the off-site costs, the developer shall have the option of:
(1) Developer's Expense. Building the off-site improvements at their own expense;
(2) Detention. Providing detention so as to match downstream capacities; or
(3) Delay Project. Delaying the project until the city is able, or willing, to share in the off-site costs.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.05 Performance Criteria
(A) Drainage Criteria Manual. The technical procedures and design standards contained in the Drainage Criteria
Manual, adopted by §170.02 of this chapter and as may be amended from time to time by the City Engineer,
shall be used to determine compliance with the performance criteria established by this chapter.
(B) Performance Criteria. Except as otherwise provided in this chapter, a development must be designed,
constructed, operated, and maintained to comply with the following stormwater sizing performance criteria.
Each minimum standard is intended to be used in conjunction with the o thers to address the overall
stormwater impacts from a development site. Supporting technical detail can be found in the Section 2.1 of
the Drainage Criteria Manual (DCM):
(1) Minimum Standard #1 — Water Quality. Reduce the average annual post-development total
suspended solids (TSS) loadings from increased impervious areas either by TSS Reduction Method or
the Runoff Reduction Method (RRM).
(2) Minimum Standard #2 — Channel Protection. Provide extended detention to reduce flows and protect
downstream channels from erosive velocities and unstable conditions. Post-development flows shall
not exceed the predevelopment flows.
(3) Minimum Standard #3 — Overbank Flood Protection. Provide peak discharge control of the storm
events noted in the DCM such that the post-development peak rate does not exceed the
predevelopment rate.
(4) Minimum Standard #4 — Extreme Flood Protection. Provide peak discharge control such that the post-
development peak rate does not exceed the predevelopment rate.
(5) Better Site Design and Green Stormwater Practices, as described in the Drainage Criteria Manual, to
attenuate lesser storms and more closely mimic predevelopment hydrology are encouraged.
(6) Direct Discharge. Direct discharge of a pipe into streams and/or floodways is not allowed. A stilling
basin or other structure that will collect sediment, trash, etc., and that will reduce the likelihood of
erosion in the receiving stream due to discharge from the pipe shall be installed at pipe discharges into
streams and/or floodways.
(7) Erosion and Channel Stability. All stormwater management systems shall be evaluated based on their
ability to prevent erosion and sedimentation of the receiving waters and adverse impacts on the site's
natural systems. The design engineer shall consider the on-site and downstream effects of the peak
discharges and shall design both the permanent and the construction phase of the stormwater
management system in a manner that will not increase flooding, channel instability, or erosion
downstream when considered in aggregate with other developed properties and downstream drainage
capacities.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
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170.06 Maintenance Responsibility
(A) DedicationPublic and Private Drainage Systems. Those stormwater management systems approved in
compliance with this chapter within a public right-of-way or public drainage easement as of July 31, 2024 or
later accepted by the City that will function as a part of the stormwater management conveyance system
shall be dedicated to the city and be considered a public drainage systems. The City is authorized to work to
maintain the proper function of these facilities through maintenance as necessary except for
detention/retention facilities, green stormwater facilities approved as a portion of the development and any
exceptions noted in 170.09 which will remain the responsibility of the property owner. Any public drainage
easement dedicated subsequent to August 1, 2024 must be dedicated to the city by plat or separate
instrument and accepted by the City Engineer or designee before being considered a part of the public
drainage system. All other systems shall be considered private systems and will be the responsibility of the
property owner of the property on which the systems are located. All areas and/or structures to be
dedicated to the city must be accompanied by a drainage easement, dedicated by plat or separate
instrument and accepted by the City Engineer.
(B) Maintain Maintenance of Stormwater Systems and Structures.
(1) Private Systems: Unless otherwise stated in 170.06(A), Tthe owner of the property on which private
stormwater systems and structures have been installed shall maintain in good condition and promptly
repair and restore all grade surfaces, walls, drains, culverts, dams, and structures, vegetation, erosion
and sedimentation controls, and other protective devices to their proper working condition. Proper
working condition is defined as the condition in which the system or portion of the system was
operating or designed to operate when originally installed.
(1)(2) All Systems: Whether public or private, the owner of the property on which the stormwater
system is located shall clear open channels of excessive vegetation, trash, debris, and other obstacles
obstructing flow to the extent deemed feasible by the City Engineer or designee..
(C) Right-of-Entry for Inspection. The owner shall provide for the City Engineer or designee to enter the property
at reasonable times and in a reasonable manner for the purpose of inspecting stormwater systems and
structures.
(D) Failure to Maintain. If a responsible person fails or refuses to meet the maintenance requirements the city
may give written notice requesting corrective action. If the conditions described in the failure to maintain
notice are not corrected within ten (10) days after such notice is given, the Mayor, or his duly authorized
representative, is hereby authorized to enter upon the property and do whatever is necessary to correct or
remove the conditions described, in the notice. The costs of correcting said conditions shall be charged to
the owner or owners of the property and the city shall have a lien against such property for such costs.
(1) Enforcement of the Lien. The lien herein provided for may be enforced and collected in either one of
the following manners:
(a) The lien may be enforced at any time within eighteen (18) months after work has been done, by
an action in circuit court; or
(b) The amount of the lien herein provided may be determined at a hearing before the City Council
held after thirty (30) days written notice by certified mail to the owner or owners of the property,
if the name and whereabouts of the owner or owners be kno wn, and if the name of the owner or
owners cannot be determined, then only after publication of notice of such hearing in a
newspaper having a bona fide circulation in Washington County for one (1) insertion per week for
four (4) consecutive weeks; the determination of the City Council shall be subject to appeal by
the property owner in circuit court; and the amount so determined at said hearing, plus 10%
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penalty for collection, shall be by the City Council certified to the tax collector of the county, and
by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount,
less 3% thereof, when so collected shall be paid to the city by the county tax collector.
(c) In case the owner of any lot or other real property is unknown or his whereabouts is not known
or he is a nonresident of this state, then a copy of the written notice hereinabove referred to
shall be posted upon the premises and before any action to en force such lien shall be had, the
City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts or
non-residence, and thereupon service of the publication as now provided for by law against
nonresident defendants may be had, and an attorney ad litem may be appointed to notify the
defendant by registered letter addressed to his last known place of residence if same can be
found.
(E) Removal and Modification of Stormwater Systems and Structures. Stormwater systems and structures may
only be modified or removed with the approval of the City Engineer, who shall determine whether the
stormwater system or structure does not function as a part of the stormwater management system. The
applicant may be required to provide supporting data and calculations that justify the removal of the
stormwater systems or structures.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.07 Preliminary Plat, Lot Requirements
(A) Preliminary Plats. Preliminary Plats shall include a master drainage plan for each lot related to the proposed
infrastructure and adjacent lots.
(B) Preliminary Plats for Residential Subdivisions. Preliminary Plats for residential subdivisions shall provide
drainage information meeting the Arkansas Fire Prevention Code for building safety regulations for positive
drainage of each lot.
(1) The applicant shall prepare a master grading plan to be followed during individual lot development to
convey runoff to a public drainage easement or right -of-way.
(2) Right-of-way, utility easements and drainage easements shall be graded and shaped in accordance with
the master build out grading plan during preliminary plat construction.
(C) Rear Lot Drainage Easements. Rear lot drainage easements for nonstructural grassed swales shall not overlap
utility easements with above ground structures, i.e., electric transformers, gas meters, communication
junctions, etc.
(D) Final Plat. The final plat shall include the approved master drainage plan to be filed as a supplemental
document. The scale shall be legible and approved by the City Engineer.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.08 Private Drainage SystemsReserved
(A) Private Drainage Systems.
(1) Private Drainage System Maintenance. A private drainage system includes groundwater, drainage pipes or
channels, and any flowing or standing water not within a right-of-way or drainage easement. The owner of
any private drainage system shall maintain the system to prevent or reduce the discharge of pollutants. This
maintenance shall include, but is not limited to, sediment removal, bank erosion repairs, maintenance of
vegetative cover, and removal of debris from pipes and structures.
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(2) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainage system is
prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site.
(3) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall clean the
pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of
mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces shall
be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other
methods in compliance with this Code. Material shall not be swept or washed into the storm drainage
system. This section does not apply to pollutants discharged from construction activities.
(4) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor,
uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery
and equipment must be maintained to reduce leaking fluids.
(5) Materials Storage. In addition to other requirements of this Code, materials shall be stored to prevent
the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of
hazardous substances is prohibited.
(6) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance
with manufacturer recommendations and applicable laws. Excessive application shall be avoided.
(7) Open Drainage Channel Maintenance. Every person owning or occupying property through which an
open drainage channel passes shall prevent trash, debris, excessive vegetation, and other obstacles
from their property from entering the drainage channel or obstructing flow.
(B) Authorization to Adopt and Impose Best Management Practices. The city may adopt and impose a Drainage
Criteria Manual and requirements identifying Best Management Practices for any private activity, operation,
or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are
required, every person undertaking such activity or op eration, or owning or operating such facility shall
implement and maintain these BMPs at their own expense.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.09 Illicit Discharge Detection and Elimination
(A) Purpose.
(1) (1) The purpose of this section is to provide for the health, safety, and general welfare of the citizens
of Fayetteville through the regulation of non-storm water discharges to the storm drainage system to the
maximum extent practicable as required by federal and state law.
(2) (2) It establishes methods for controlling the introduction of pollutants into its municipal separate
storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process.
(3) (3) The University of Arkansas, Fayetteville campus is a separate small MS4 NPDES permit holder and
responsible for Illicit Discharge Detection and Elimination (IDDE) within its service area.
(B) Prohibition of Illegal Discharges and Illicit Connections.
(1) (1) Illegal discharges are prohibited. No person shall throw, drain, or otherwise discharge, cause, or
allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or
waters containing any pollutants, other than storm water. Common stormwater contaminants include
trash, yard waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous
waste and sediment.
PROPOSED CHANGES (STRIKETHROUGH VERSION)
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(2) (2) Illicit connections are prohibited. The construction, use, maintenance or continued existence of
illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without
limitation, illicit connections made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
(3) (3) No person shall connect a line conveying sanitary sewage, domestic sewage or industrial waste,
to the storm drainage system, or allow such a connection to continue.
(4) Private Drainage System Maintenance. The owner of any private drainage system shall maintain the
system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is not
limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover, and remova l of
debris from pipes and structures.
(5) (3) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall
clean the pavement as required to prevent the buildup and discharge of pollutants. The visible buildup
of mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces
shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or
other methods in compliance with this Code. Material shall not be swept or washed into the storm
drainage system. This section does not apply to pollutants discharged from construction activities.
(6) (4) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor,
uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery
and equipment must be maintained to reduce leaking fluids.
(7) (5) Materials Storage. In addition to other requirements of this Code, materials shall be stored to
prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of
hazardous substances is prohibited.
(8) (6) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in
accordance with manufacturer recommendations and applicable laws. Excessive application shall be
avoided.
(9) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainage system is
prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site.
(7) Open Drainage Channel Maintenance. Every person owning or occupying property through which
an open drainage channel passes shall prevent trash, debris, excessive vegetation, and other obstacles
from their property from entering the drainage channel or obstructing flow.
(C) Exemptions. The following non-stormwater discharges are acceptable and not a violation of this chapter
provided that ADEQ has not determined and notified the city in writing that these sources are substantial
contributors of pollutants:
(1) Uncontaminated waterline flushing;
(2) Landscape irrigation;
(3) Rising ground waters;
(4) Uncontaminated ground water infiltration (infiltration is defined as water other than wastewater that
enters a sewer system, including sewer service connections and foundation drains, from the ground
through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not
include, and is distinguished from, inflow.);
(5) Uncontaminated pumped ground water;
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(6) Discharges from potable water sources;
(7) Uncontaminated foundation drains;
(8) Uncontaminated air conditioning condensate;
(9) Irrigation water;
(10) Springs;
(11) Water from crawl space pumps;
(12) Uncontaminated footing drains;
(13) Lawn watering;
(14) Individual residential car washing;
(15) Flows from riparian habitats and wetlands;
(16) Dechlorinated swimming pool discharges;
(17) Uncontaminated street wash water;
(18) Discharges or flows from emergency firefighting activities; and
(19) Unless otherwise permitted or regulated by ADEQ, discharges of gray water from municipal splash pads
(also known as spray ponds or spray grounds), as defined in Part 6.35 of this permit, provided the
discharges comply with all applicable municipal or county ordinances enacted or pursuant to law.
Discharges from recirculating systems shall be de-chlorinated prior to discharge.
(D) Release Reporting and Cleanup. Any person responsible for a release of materials which are or may result in
illicit discharges to the storm drainage system shall take all necessary steps to ensure the discovery,
containment, abatement and cleanup of such release. In the event of such a release of a hazardous material,
said person shall comply with all state, federal, and local laws requiring reporting, cleanup, containment, and
any other appropriate remedial action in response to the release. Failure to address an illicit discharge will
result in enforcement action per Chapter 153.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.10—170.99 Reserved
CHAPTER 170: STORMWATER MANAGEMENT AND DRAINAGE
Fayetteville, Arkansas, Code of Ordinances Created: 2024-04-03 16:33:59 [EST]
(Supp. No. 32)
Page 1 of 8
CHAPTER 170: STORMWATER MANAGEMENT AND DRAINAGE1
170.01 Intent
(A) Intent. It is the intent of this chapter to protect, maintain, and enhance the health, safety, and general
welfare of the citizens of the City of Fayetteville by:
(1) Preventing increases in the magnitude and frequency of stormwater runoff to prevent increases in
flood flows and associated hazards and costs.
(2) Controlling soil erosion and sedimentation to minimize soil deposition in streams and other receiving
water bodies and storm drainage systems.
(3) Requiring surface and stormwater management practices that comply with requirements of this
chapter.
(4) Promoting the development of stormwater facilities that are aesthetically desirable.
(B) Findings of Fact. The City Council finds that uncontrolled stormwater runoff from developed land adversely
affects the public health, safety, and welfare because:
(1) Impervious Surfaces/Runoff. Impervious surfaces increase the quantity and velocity of surface runoff,
which reduces percolation of water through soil and increases erosion and flooding.
(2) Collection and Conveyance of Stormwater. Improper stormwater collection and conveyance adversely
affects property and increases the incidence and severity of flooding, which can endanger property and
human life.
(3) Erosion. Increased erosion leads to sedimentation in stormwater management systems, which
decreases the system's capacity.
(4) Future Problems. Many future problems can be avoided if land is developed in accordance with sound
stormwater runoff management practices.
(5) Limited Jurisdiction. As a non-traditional, or regulated, MS4, the University of Arkansas' Fayetteville
campus is permitted by ADEQ to administer its own stormwater management program upstream and
physically inter connected to the city's MS4.
(Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.02 Adoption of Drainage Criteria Manual and Best Management Practices
The City Council herby adopts by reference the Drainage Criteria Manual and requirements identifying Best
Management Practices for any private activity, operation, or facility, which may cause a discharge of
pollutants to the storm drainage system. Where specific BMPs are required, every person undertaking such
1Ord. No. 6446 , §13(Exh. H), adopted June 15, 2021, repealed the former Ch. 170, §§ 170.01—170.11, and
enacted a new Ch. 170 as set out herein. The former Ch. 170 pertained to stormwater management,
drainage and erosion control and derived from Code 1991, §§ 163.03—163.10; Ord. No. 3895, adopted June
20, 1995; Ord. No. 4100, §2 (Ex. A), adopted June 16, 1998; Ord. No. 4314, adopted May 15, 2001; Ord. No.
4855, adopted April 18, 2006; Ord. No. 4920, adopted Sept. 5, 2006; Ord. No. 5336, adopted Aug. 3, 2010;
Ord. No. 5431, adopted Aug. 16, 2011; and Ord. No. 5702, adopted Aug. 5, 2014.
PROPOSED CHANGES (CLEAN VERSION)
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(Supp. No. 32)
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activity or operation, or owning or operating such facility shall implement and maintain these BMPs at their
own expense.
(Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.03 Permits Required
(A) Applicability. This chapter shall apply to all land within the corporate limits of the City of Fayetteville. No
person may subdivide and develop, change to a more intensive land use, construct or reconstruct a
structure, or change the size of a structure, or conduct grading, clearing, or filling activities without first
obtaining a stormwater management, drainage and erosion control permit (hereinafter referred to as a
"drainage permit") from the city, except as specified in §170.03(C) and §170.03(E) below.
(B) Permit Application. Any application for a drainage permit shall be submitted to the City Engineer using
appropriate forms as provided by the city for review, processing, and approval. The drainage permit
application shall be submitted as part of the application for a grading permit, if such grading permit is
required by §169.03. A permit application shall contain sufficient information and plans to allow the City
Engineer to determine whether the project complies with the requirements of this chapter. The specific
items to be submitted for a permit application shall be in the form and follow the procedures as described in
the Drainage Criteria Manual, Section 1.4, Drainage Report Template and Checklist. The City Engineer shall
make the final determination regarding detention.
(1) Fee. A nonrefundable permit application fee shall be paid when the application is submitted to help
cover the cost of the plan review, administration and management of the permitting process and
inspection of project implementation and operation (separate from the Physical Alteration of Land
fee).
(2) Issuance. If the City Engineer determines that the permit application submittal is in compliance with all
provisions of this chapter, a permit may be issued. If the City Engineer determines that the permit
submittal does not conform with all provisions of this chap ter, permit issuance may be denied and a
written statement as to the reasons for the denial shall be provided to the applicant.
(C) Project not Requiring Detention. Any project that requires a drainage permit that does not require detention
must submit documentation to this effect to the City Engineer. After review and approval of the City
Engineer, a grading permit may be issued prior to issuance of the drainage permit.
(D) Any grading permit and/or drainage permit issued shall be subject to the following:
(1) Insufficient or Incomplete Drainage Permit Application. If the drainage permit application, including the
required calculations, is determined by the City Engineer to be insufficient or incomplete, it shall be
revised and resubmitted by the applicant within four (4) weeks of receipt of written notice of
insufficiency or incompleteness.
(2) Deadline for the Revised Application or Insufficient or Incomplete Revisions. If a revised application is
not submitted within four (4) weeks of receipt by applicant of the written notice of insufficiency or
incompleteness a stop work order for all grading on the project shall be issued by the City Engineer. A
stop work order for all grading on the project shall be issued by the City Engineer if the revised
application is determined by the City Engineer to be still insufficient or incomplete. However, t he City
Engineer may delay issuance of the stop work order if the City Engineer determines that the applicant
has demonstrated prior to the deadline that circumstances not reasonably foreseeable and beyond the
applicant's reasonable control prevented his timely resubmission of a sufficient and complete revised
drainage permit application.
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(3) Stabilization and Revegetation After Stop Work Order. If a stop work order is issued pursuant to
§170.03(C)(2), the applicant shall stabilize and revegetate all graded and otherwise disturbed areas as
set forth in the Drainage Criteria Manual.
(4) Termination of Stop Work Order. Any stop work order issued pursuant to §170.03(C)(2) shall expire
upon the issuance of a drainage permit and compliance with any conditions contained in the drainage
permit.
(E) Exceptions Where No Drainage Permit is Required. Drainage Permits are not required for the following
activities unless the project is otherwise covered under the U.D.C. or occurs upstream of a known public
flooding problem which is when the city knows that serious flooding involving repeated flood damag e to
residences, buildings or infrastructure in an area has occurred and will likely recur without remedial
measures:
(1) New developments, redevelopments or additions that create less or equal to 10,000 square feet of
new impervious area. See Section 170.09 for building permit submittal requirements.
(2) Lots That Are Part of a Larger Development. One (1) project built on an individual lot that is part of a
larger development that has received an approved drainage control permit when the proposed project
is in compliance with this overall subdivision drainage control permit. The Engineering Divisio n may
require development projects upstream of a known public flooding problem to also follow current best
practices and current drainage regulations and also participate with the City in cost -share projects to
reduce the known public flooding problem.
(3) Existing Non-Residential. Existing nonresidential structure where the additional impervious area is less
than 10,000 square feet. See §170.09 for building permit submittal requirements.
(4) Maintenance. Maintenance or clearing activity that does not change or affect the quality, rate, volume,
or location of stormwater flows on the site, or runoff from the site.
(5) Agriculture. Bona fide agricultural pursuits, for which a soil conservation plan has been approved by the
local Soil and Water Conservation District.
(6) Emergency. Action taken under emergency conditions, either to prevent imminent harm or danger to
persons, or to protect property from imminent danger of fire, violent storms, or other hazards when
determined to be necessary by the City Engineer.
(F) Compliance with Chapter Provisions. Although a specific permit is not required for these particular
circumstances, this exception does not exempt the owner/developer/builder from complying with the
provisions of Chapter 169, Physical Alteration of Land.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.04 Off-Site Stormwater Management Improvements
(A) Off-Site Improvements. If it is determined that offsite drainage improvements are required, and that such
specific off-site drainage improvements are consistent with the city's current and established priorities, then
cost sharing will be in accordance with "Required Off-site Improvements." If the city is unable, or unwilling,
to contribute its share of the off-site costs, the developer shall have the option of:
(1) Developer's Expense. Building the off-site improvements at their own expense;
(2) Detention. Providing detention so as to match downstream capacities; or
(3) Delay Project. Delaying the project until the city is able, or willing, to share in the off-site costs.
PROPOSED CHANGES (CLEAN VERSION)
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(Supp. No. 32)
Page 4 of 8
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.05 Performance Criteria
(A) Drainage Criteria Manual. The technical procedures and design standards contained in the Drainage Criteria
Manual, adopted by §170.02 of this chapter and as may be amended from time to time by the City Engineer,
shall be used to determine compliance with the performance criteria established by this chapter.
(B) Performance Criteria. Except as otherwise provided in this chapter, a development must be designed,
constructed, operated, and maintained to comply with the following stormwater sizing performance criteria.
Each minimum standard is intended to be used in conjunction with the o thers to address the overall
stormwater impacts from a development site. Supporting technical detail can be found in the Section 2.1 of
the Drainage Criteria Manual (DCM):
(1) Minimum Standard #1 — Water Quality. Reduce the average annual post-development total
suspended solids (TSS) loadings from increased impervious areas either by TSS Reduction Method or
the Runoff Reduction Method (RRM).
(2) Minimum Standard #2 — Channel Protection. Provide extended detention to reduce flows and protect
downstream channels from erosive velocities and unstable conditions. Post-development flows shall
not exceed the predevelopment flows.
(3) Minimum Standard #3 — Overbank Flood Protection. Provide peak discharge control of the storm
events noted in the DCM such that the post-development peak rate does not exceed the
predevelopment rate.
(4) Minimum Standard #4 — Extreme Flood Protection. Provide peak discharge control such that the post-
development peak rate does not exceed the predevelopment rate.
(5) Better Site Design and Green Stormwater Practices, as described in the Drainage Criteria Manual, to
attenuate lesser storms and more closely mimic predevelopment hydrology are encouraged.
(6) Direct Discharge. Direct discharge of a pipe into streams and/or floodways is not allowed. A stilling
basin or other structure that will collect sediment, trash, etc., and that will reduce the likelihood of
erosion in the receiving stream due to discharge from the pipe shall be installed at pipe discharges into
streams and/or floodways.
(7) Erosion and Channel Stability. All stormwater management systems shall be evaluated based on their
ability to prevent erosion and sedimentation of the receiving waters and adverse impacts on the site's
natural systems. The design engineer shall consider the on-site and downstream effects of the peak
discharges and shall design both the permanent and the construction phase of the stormwater
management system in a manner that will not increase flooding, channel instability, or erosion
downstream when considered in aggregate with other developed properties and downstream drainage
capacities.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.06 Maintenance Responsibility
(A) Public and Private Drainage Systems. Those stormwater management systems within a public right-of-way or
public drainage easement as of July 31, 2024 or later accepted by the City shall be considered public drainage
systems. The City is authorized to work to maintain the proper function of these facilities through
maintenance as necessary except for detention/retention facilities, green stormwater facilities approved as a
PROPOSED CHANGES (CLEAN VERSION)
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(Supp. No. 32)
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portion of the development and any exceptions noted in 170.09 which will remain the responsibility of the
property owner. Any public drainage easement dedicated subsequent to August 1, 2024 must be dedicated
to the city by plat or separate instrument and accepted by the City Engineer or designee before being
considered a part of the public drainage system. All other systems shall be considered private systems and
will be the responsibility of the owner of the property on which the systems are located.
(B) Maintenance of Stormwater Systems and Structures.
(1) Private Systems: Unless otherwise stated in 170.06(A), the owner of the property on which private
stormwater systems and structures have been installed shall maintain in good condition and promptly
repair and restore all grade surfaces, walls, drains, culverts, dams, structures, vegetation, erosion and
sedimentation controls, and other protective devices to their proper working condition. Proper working
condition is defined as the condition in which the system or portion of the system was operating or
designed to operate when originally installed.
(2) All Systems: Whether public or private, the owner of the property on which the stormwater system is
located shall clear open channels of excessive vegetation, trash, debris, and other obstacles obstructing
flow to the extent deemed feasible by the City Engineer or designee.
(C) Right-of-Entry for Inspection. The owner shall provide for the City Engineer or designee to enter the property
at reasonable times and in a reasonable manner for the purpose of inspecting stormwater systems and
structures.
(D) Failure to Maintain. If a responsible person fails or refuses to meet the maintenance requirements the city
may give written notice requesting corrective action. If the conditions described in the failure to maintain
notice are not corrected within ten (10) days after such notice is given, the Mayor, or his duly authorized
representative, is hereby authorized to enter upon the property and do whatever is necessary to correct or
remove the conditions described, in the notice. The costs of correcting said conditions shall be charged to
the owner or owners of the property and the city shall have a lien against such property for such costs.
(1) Enforcement of the Lien. The lien herein provided for may be enforced and collected in either one of
the following manners:
(a) The lien may be enforced at any time within eighteen (18) months after work has been done, by
an action in circuit court; or
(b) The amount of the lien herein provided may be determined at a hearing before the City Council
held after thirty (30) days written notice by certified mail to the owner or owners of the property,
if the name and whereabouts of the owner or owners be kno wn, and if the name of the owner or
owners cannot be determined, then only after publication of notice of such hearing in a
newspaper having a bona fide circulation in Washington County for one (1) insertion per week for
four (4) consecutive weeks; the determination of the City Council shall be subject to appeal by
the property owner in circuit court; and the amount so determined at said hearing, plus 10%
penalty for collection, shall be by the City Council certified to the tax collector of the county, and
by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount,
less 3% thereof, when so collected shall be paid to the city by the county tax collector.
(c) In case the owner of any lot or other real property is unknown or his whereabouts is not known
or he is a nonresident of this state, then a copy of the written notice hereinabove referred to
shall be posted upon the premises and before any action to en force such lien shall be had, the
City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts or
non-residence, and thereupon service of the publication as now provided for by law against
nonresident defendants may be had, and an attorney ad litem may be appointed to notify the
PROPOSED CHANGES (CLEAN VERSION)
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(Supp. No. 32)
Page 6 of 8
defendant by registered letter addressed to his last known place of residence if same can be
found.
(E) Removal and Modification of Stormwater Systems and Structures. Stormwater systems and structures may
only be modified or removed with the approval of the City Engineer, who shall determine whether the
stormwater system or structure does not function as a part of the stormwater management system. The
applicant may be required to provide supporting data and calculations that justify the removal of the
stormwater systems or structures.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.07 Preliminary Plat, Lot Requirements
(A) Preliminary Plats. Preliminary Plats shall include a master drainage plan for each lot related to the proposed
infrastructure and adjacent lots.
(B) Preliminary Plats for Residential Subdivisions. Preliminary Plats for residential subdivisions shall provide
drainage information meeting the Arkansas Fire Prevention Code for building safety regulations for positive
drainage of each lot.
(1) The applicant shall prepare a master grading plan to be followed during individual lot development to
convey runoff to a public drainage easement or right -of-way.
(2) Right-of-way, utility easements and drainage easements shall be graded and shaped in accordance with
the master build out grading plan during preliminary plat construction.
(C) Rear Lot Drainage Easements. Rear lot drainage easements for nonstructural grassed swales shall not overlap
utility easements with above ground structures, i.e., electric transformers, gas meters, communication
junctions, etc.
(D) Final Plat. The final plat shall include the approved master drainage plan to be filed as a supplemental
document. The scale shall be legible and approved by the City Engineer.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.08 Reserved
170.09 Illicit Discharge Detection and Elimination
(A) Purpose.
(1) The purpose of this section is to provide for the health, safety, and general welfare of the citizens of
Fayetteville through the regulation of non-storm water discharges to the storm drainage system to the
maximum extent practicable as required by federal and state law.
(2) It establishes methods for controlling the introduction of pollutants into its municipal separate storm
sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination
System (NPDES) permit process.
(3) The University of Arkansas, Fayetteville campus is a separate small MS4 NPDES permit holder and
responsible for Illicit Discharge Detection and Elimination (IDDE) within its service area.
(B) Prohibition of Illegal Discharges and Illicit Connections.
PROPOSED CHANGES (CLEAN VERSION)
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(Supp. No. 32)
Page 7 of 8
(1) Illegal discharges are prohibited. No person shall throw, drain, or otherwise discharge, cause, or allow
others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters
containing any pollutants, other than storm water. Common stormwater contaminants include trash,
yard waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste
and sediment.
(2) Illicit connections are prohibited. The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited. This prohibition expressly includes, without
limitation, illicit connections made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
(3) No person shall connect a line conveying sanitary sewage, domestic sewage or industrial waste, to the
storm drainage system, or allow such a connection to continue.
(4) Private Drainage System Maintenance. The owner of any private drainage system shall maintain the
system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is not
limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover, and remova l of
debris from pipes and structures.
(5) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall clean the
pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of
mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces shall
be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other
methods in compliance with this Code. Material shall not be swept or washed into the storm drainage
system. This section does not apply to pollutants discharged from construction activities.
(6) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor,
uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery
and equipment must be maintained to reduce leaking fluids.
(7) Materials Storage. In addition to other requirements of this Code, materials shall be stored to prevent
the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of hazardous
substances is prohibited.
(8) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance
with manufacturer recommendations and applicable laws. Excessive application shall be avoided.
(9) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainage system is
prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site.
(C) Exemptions. The following non-stormwater discharges are acceptable and not a violation of this chapter
provided that ADEQ has not determined and notified the city in writing that these sources are substantial
contributors of pollutants:
(1) Uncontaminated waterline flushing;
(2) Landscape irrigation;
(3) Rising ground waters;
(4) Uncontaminated ground water infiltration (infiltration is defined as water other than wastewater that
enters a sewer system, including sewer service connections and foundation drains, from the ground
through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not
include, and is distinguished from, inflow.);
(5) Uncontaminated pumped ground water;
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(Supp. No. 32)
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(6) Discharges from potable water sources;
(7) Uncontaminated foundation drains;
(8) Uncontaminated air conditioning condensate;
(9) Irrigation water;
(10) Springs;
(11) Water from crawl space pumps;
(12) Uncontaminated footing drains;
(13) Lawn watering;
(14) Individual residential car washing;
(15) Flows from riparian habitats and wetlands;
(16) Dechlorinated swimming pool discharges;
(17) Uncontaminated street wash water;
(18) Discharges or flows from emergency firefighting activities; and
(19) Unless otherwise permitted or regulated by ADEQ, discharges of gray water from municipal splash pads
(also known as spray ponds or spray grounds), as defined in Part 6.35 of this permit, provided the
discharges comply with all applicable municipal or county ordinances enacted or pursuant to law.
Discharges from recirculating systems shall be de-chlorinated prior to discharge.
(D) Release Reporting and Cleanup. Any person responsible for a release of materials which are or may result in
illicit discharges to the storm drainage system shall take all necessary steps to ensure the discovery,
containment, abatement and cleanup of such release. In the event of such a release of a hazardous material,
said person shall comply with all state, federal, and local laws requiring reporting, cleanup, containment, and
any other appropriate remedial action in response to the release. Failure to address an illicit discharge will
result in enforcement action per Chapter 153.
( Ord. No. 6446 , §13(Exh. H), 6-15-21)
170.10—170.99 Reserved
Form v1.52
NWA
media
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE,AR 72701
Ad number#: 421530
PO#:
Matter of: ORD 6772
AFFIDAVIT•STATE OF ARKANSAS
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 WASHINGTON/BENTON 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 6772
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$498.56.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 07/21/24;NWA nwaonline.com 07/21/24
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Legal Clerk .� J
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State of ARKANSAS,County of Sebastian rQTA qy
Subscribed and sworn to before me on this 22nd day of July,2024 E m 2 a►'+ v' Q
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Y PUBLIC
Ordinance:8772 which private stormwater sys- be contained to prevent the po-
File Number: 2024-295 terns and structures have been tential release of pollutants.Ve-
UNIFIED DEVELOPMENT installed shall maintain in good hides, machinery and
CODE-CHAPTER 170(AMEND- condition and promptly repair equipment must be maintained
MENT): and restore all grade surfaces, to reduce leaking fluids.
AN ORDINANCE TO AMEND§ walls,drains, culverts,dams, (7)Materials Storage.In addi-
170 STORMWATER MANAGE- structures,vegetation,erosion lion to other requirements of
MENT AND DRAINAGE OF THE and sedimentation controls,and this Code, materials shall be
UNIFIED DEVELOPMENT CODE other protective devices to their stored to prevent the potential
TO CLARIFY THE MAINTENANCE proper working condition. release of pollutants.The un-
RESPONSIBILITIES FOR PRIVATE Proper working condition is de- covered,outdoor storage of un-
AND PUBLIC DRAINAGE SYS- fined as the condition in which sealed containers of hazardous
TOME AS WELL AS PROVISIONS the system or portion of the sys- substances is prohibited.
REGARDING ILLICIT DIS- tent was operating or designed (8)Pesticides,Herbicides and
CHARGES INTO THE DRAINAGE to operate when originally in- Fertilizers. Pesticides, herbi-
SYSTEM stalled. cides and fertilizers shall be ap-
WHEREAS,the Unified Devel- (2)All Systems:Whether pub- plied in accordance with
opment Code(UDC)has historl- lic or private,the owner of the manufacturer recommendations
cally defined public drainage property on which the stormwa- and applicable laws.Excessive
systems as those systems ter system is located shall clear application shall be avoided.
within the public right-of-way or open channels of excessive (9)Minimization of Irrigation
public drainage easement;and vegetation,trash,debris,and Runoff.Concentrated flow of Ir-
WHEREAS,public systems are other obstacles obstructing flow rigation water to the storm
to be owned and maintained by to the extent deemed feasible drainage system is prohibited.
the City of Fayetteville and all by the City Engineer or de- Irrigation systems shall be man-
drainage systems outside these signee." aged to reduce the discharge of
areas are considered to be pri- Section 3: That the City water from a site."
vale drainage according to the Council of the City of Fayet- PASSED and APPROVED on
UDC and the maintenance re- teville,Arkansas hereby repeals July 16,2024
sponatbllity would fall to the and reserves§170.08 Private Approved:
owner of the property;and Drainage Systems. Lioneld Jordan,Mayor
WHEREAS,staff and the City Section 4:That the City Coun- Attest:
Attorney discovered potential cif of the City of Fayetteville, Kara Paxton,
ambiguity in the UDC regarding Arkansas hereby repeals sub- City Clerk Treasurer
the maintenance responsibilities section(B)of§170.09 Illicit This publication was paid for
for these different systems and Discharge Detection and Elimi- by the City Clerk-Treasurer of
recommend changes to clearly nation and enacts a replace- the City of Fayetteville,
define those responsibilities. ment(B)as follows: Arkansas.
NOW THEREFORE,BE IT OR- "(B)Prohibition of Illegal Dis- Amount Paid:$498.56
DAINED BY THE CITY COUNCIL charges and Illicit Connections. July 21,2024 421530
OF THE CITY OF FAYETTEVILLE, (1)Illegal discharges are pro-
ARKANSAS: hibited.No person shall throw,
Section 1:That the City Coun- drain,or otherwise discharge.
cil of the City of Fayetteville, cause,or allow others under its
Arkansas hereby repeals § control to throw,drain,or other-
170.02 Adoption of Drainage wise discharge into the MS4
Criteria Manual and Best Man- any pollutants or waters con-
agement Practices and enacts taining any pollutants, other
the following replacement Ian- than storm water. Common
guage: stormwater contaminants in-
"The City Council hereby clude trash,yard waste,waste-
adopts by reference the water,oil,petroleum products,
Drainage Criteria Manuel and cleaning products,paint prod-
requirements identifying Best acts,hazardous waste and sed-
Management Practices for any iment.
private activity,operation,or fa- (2)Illicit connections are pro-
cilily,which may cause a dis- hibited.The construction,use,
charge of pollutants to the maintenance or continued exis-
storm drainage system.Where fence of Illicit connections to the
specific BMPs are required, storm drain system is prohib-
every person undertaking such Red.This prohibition expressly
activity or operation,or owning Includes,without limitation,II-
or operating such facility shall licit connections made in the
implement and maintain these past,regardless of whether the
BMPs at their own expense." connection was permissible
Section 2:That the City Coun- under law or practices applica-
cil of the City of Fayetteville, ble or prevailing at the time of
Arkansas hereby repeals sub- connection.
sections(A)and(B)of§170.08 (3)No person shall connect a
Maintenance Responsibility and line conveying sanitary sewage,
enacts the following replace- domestic sewage or industrial
ment language: waste,to the storm drainage
"(A) Public and Private system,or allow such a connec-
Drainage Systems. Those Pion to continue.
stormwater management sys- (4)Private Drainage System
terns within a public right-of- Maintenance.The owner of any
way or public drainage private drainage system shall
easement as of July 31,2024 or maintain the system to prevent
later accepted by the City shall or reduce the discharge of poi-
be considered public drainage lutants.This maintenance shall
systems.The City is authorized include,but is not limited to,
to work to maintain the proper sediment removal,bank erosion
function of these facilities repairs,maintenance of vegets-
through maintenance as neces- tive cover,and removal of debris
eery except for detentionlreten- from pipes and structures.
lion facilities,green stormwater (5)Cleaning of Paved Sur-
facilities approved as a portion faces Required.The owner of
of the development and any ex- any paved parking lot,street or
ceptions noted in 170.09 which drive shall clean the pavement
will remain the responsibility of as required to prevent the
the property owner.Any public buildup and discharge of polio-
drainage easement dedicated tants.The visible buildup of me-
subsequent to August 1,2024 chanical fluid,waste materials,
must be dedicated to the city by sediment or debris Is a violation
plat or separate instrument and of this chapter.Paved surfaces
accepted by the City Engineer or shall be cleaned by dry sweep-
designee before being consid- Ing,wet vacuum sweeping,col-
ered a part of the public lection and treatment of wash
drainage system.All other sys- water or other methods In cam-
tems shall be considered private pllance with this Code.Material
systems and will be the respon- shall not be swept or washed
sibility of the owner of the prop- into the storm drainage system.
arty on which the systems are This section does not apply to
located. pollutants discharged from con•
(B)Maintenance of Stormwa- struction activities.
ter Systems and Structures. (6) Maintenance of Equip-
(1)Private Systems:Unless ment.Any leek or spill related to
otherwise stated in 170.06(A), equipment maintenance in an
the owner of the property on outdoor,uncovered area Shall
