HomeMy WebLinkAboutOrdinance 6785
Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6785
File Number: 2024-388
ADMINISTRATIVE-2024-0036: (AMEND UDC CHAPTERS 166.01, 166.02, 169.03):
AN ORDINANCE TO AMEND § 166.01 DEVELOPMENT CATEGORIES, § 166.02 DEVELOPMENT REVIEW
PROCESS AND § 169.03 REVIEW AND/OR PERMITS REQUIRED; EXCEPTIONS OF THE FAYETTEVILLE
CITY CODE TO ADDRESS DEVELOPMENT CLASSIFICATIONS, CONCEPT PLAN REQUIREMENTS, AND
GRADING PERMIT REQUIREMENTS
WHEREAS, the City Council of the City of Fayetteville, Arkansas approved major ordinance changes
in 2021 to revamp the drainage and development standards and incentivize infill; and
WHEREAS, City staff monitored the outcomes of these ordinance changes and identified provisions of
the Fayetteville City Code which required revision and clarification based on their observation; and
WHEREAS, City staff proposed amendments to § 166.01, § 166.02 and § 169.03 of the Fayetteville
City Code which would reclassify large-scale developments, large site improvement plans, and small
site improvement plans to be tied to the amount of development or redevelopment of impervious surface
area, rather than new impervious surface area, to require concept plans when a project proposes to
develop or redevelop greater than 6,000 square feet and less than 10,000 square feet of impervious
surface area, and to clarify that grading permits are required when a project is developing or
redeveloping more than 10,000 square feet of impervious surface area; and
WHEREAS, the Planning Commission voted unanimously to recommend approval of these changes to
166.01, 166.02 and 169.03 at its meeting held on July 22, 2024.
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 § 166.01(C)(1)
and enacts the following replacement language:
“(C)(1) Large Scale Development. A large scale development is generally intended for
development on a site of 1 acre or greater in size and proposes to a development and/or redevelopment
Ordinance: 6785
File Number: 2024-388
Page 2
area of more than 10,000 square feet of impervious surface and where a corresponding subdivision of
land is not proposed.
(a) Requirement. The development of the following must be processed in accordance with the
requirements for a large-scale development:
(i) A site 1 acre or greater in size and developing and/or redeveloping an area of more than
10,000 square feet of impervious surface;
(ii) Facilities emitting odors or handling explosives; and
(b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square
feet or less of impervious area or a development on a site in a zoning district subject to administrative
approval.”
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.01(C)(3)
and enacts the following replacement language:
“(C)(3) Small Site Improvement Plan. A small site improvement plan review is intended for
development on a site that is less than 1 acre in size and proposes a development and/or redevelopment
area of more than 10,000 square feet of impervious surface.
(a) Requirement. The development of the following must be processed in accordance with the
requirements for a small site improvement plan:
(i) A development that is excluded from large scale development or large site improvement plan
review and requires review by multiple city divisions;
(ii) A development and/or redevelopment area of more than 10,000 square feet of impervious
surface on site of less than 1 acre within any zoning district.
(b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square
feet or less of impervious surface and shall be submitted in accordance with the requirements of
§166.02(E) and §166.15.”
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.01(C)(4)
and enacts the following replacement language:
“(C)(4) Concept Plan. When a developer intends to develop or redevelop greater than 6,000
square feet and less than 10,000 square feet of total impervious area within the city limits, they shall
submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully
engineered development plan for review. Developments below or above this threshold, or in the city’s
planning area boundary, may submit a concept plan to obtain feedback and recommendations prior to
submitting a fully engineered development plan for review.”
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.02(B) and
enacts the following replacement language:
Ordinance: 6785
File Number: 2024-388
Page 3
“(B) Public Meetings. Development applications are required to be processed through the
Technical Plat Review Committee, Subdivision Committee, and Planning Commission as follows:
(1) Technical Plat Review Committee. The following development applications are required to
be reviewed by the Technical Plat Review Committee: Lot split, small site improvement plans, large site
improvement plans, large scale development, planned zoning district with or without concurrent
development, preliminary plat, final plat, concurrent plat, and concept plan. After the Technical Plat
Review Committee meeting staff may administratively approve lot splits, final plats, small site
improvement plans, and large site improvement plans after review for compliance with all applicable
codes subject to UDC 166.02(C). No approval is necessary for concept plans.
(2) Subdivision Committee. The following development applications are required to be reviewed
by the Subdivision Committee: Large scale development, planned zoning district with concurrent
development, preliminary plat, and concurrent plat. From these applications, the Subdivision Committee
may approve only large scale developments.
(3) Planning Commission. The following development applications are required to be reviewed
by the Planning Commission. Large scale development forwarded by the Subdivision Committee,
preliminary plat, concurrent plat, and planned zoning district with or without concurrent development.
The Planning Commission may approve, deny, table, or approve development applications with
conditions. A planned zoning district cannot be approved by the Planning Commission, but may be
forwarded to City Council.”
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 166.02(C)(1) by
inserting the following language at the end of the subsection: “Concept plans are not subject to approval
or denial.”
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.02(E)(2) and
enacts the following replacement language:
“(E)(2) In addition to §166.02(E), before a building permit is issued for site that develops and/or
redevelops between 1,201 and 10,000 square feet of impervious area, where a corresponding subdivision
of land is not proposed, the developer shall complete, and receive approval of, appropriate grading and
drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the
current City Drainage Criteria Manual per the table below. Impervious areas will be considered as
existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021
imagery.”
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 169.03(B)(2)
and enacts the following replacement language:
“(B)(2) Development and/or redevelopment of an area of more than 10,000 square feet of
impervious surface;”
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby determines that applications under full
grading permit or building permit review as of the effective date of this Ordinance shall be entitled to proceed pursuant
to the processes and standards that were in effect at the time the application was submitted. This exception applies only
to those processes and standards amended by this Ordinance. Applications submitted after the effective date or projects
Ordinance : 6785
File Number: 2024-388
that expire must comply with the processes and standard s adopted in this Ordinance.
PASSED and APPROVED on August 20 , 2024
Approved: Attest:
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $'5foC,, 7\o
Page4
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-388
MEETING OF AUGUST 20, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
SUBJECT: Administrative Item (Amend UDC Chapters 166.01, Development Categories, 166.02,
Development Review Process, 169.03, Review and or Permits Required, Exceptions):
Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to
166.01, 166.02, and 169.03. The proposed code changes would modify development
process requirements. (Originally heard with ADM-2024-0036)
RECOMMENDATION:
City staff and the Planning Commission recommend approval of an amendment to the Unified Development
Code amending §166.01 Development Categories, 166.02, Development Review Process, 169.03, Review
and/or Permits Required, Exceptions, as described in the attached Exhibit 'A'.
BACKGROUND:
In 2021, major ordinance changes were approved by City Council to revamp drainage and development
standards, with a secondary goal of incentivizing infill. The changes that were approved required new green
stormwater practices on a sliding scale of added impervious surface, and decoupled certain requirements from
a question of use and tied those requirements instead to the overall impact to stormwater. This introduced
three new levels of development threshold and shifted the requirement of a large-scale development plan or a
site improvement plan to be triggered only after the addition of 10,000 square feet of added, new impervious
surface.
In the intervening period since 2021, staff audited the outcomes of these changes, and identified four main
areas that require revision and clarification. Those areas for study, and their current status, are listed below.
• Parkland Dedication
o Certain project types were no longer subject to parkland dedication, even though the impact of
added units is significant.
o Proposed ordinance changes were already evaluated, reviewed, and approved by City Council
on May 21, 2024.
• Timeliness of Variances and Appeals
o Variances are only permitted to be appealed with an overall project, rather than piecemeal. This
becomes an issue when certain development types are no longer subject to large-scale
development or site improvement plan.
o Proposed ordinance changes were already evaluated, reviewed, and approved by City Council
on July 16, 2024.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
• Application of Tree Preservation standards
o Certain projects are no longer subject to tree preservation requirements.
o Proposed ordinance changes to tree preservation requirements were heard by City Council on
July 16, 2024, which would require an abbreviated tree preservation plan for projects adding
between 1,201 and 6,000 square feet of impervious surface. An option for escrow is also
permitted to be considered. The item was left on the first reading for additional consideration.
• Project Classification
o Projects with less than 10,000 square feet of impervious surface still often require a
coordinated, cross-divisional round of review/comment leading to delays unforeseen issues at
permitting. Staff and the Planning Commission are recommending changes to this ordinance
with this item, and they are described below.
DISCUSSION:
The amendment presented with this application is to the overarching project classification requirements. These
changes were submitted by staff to the Planning Commission's Long-Range Planning Committee for their
March 21, 2024 meeting as part of a larger set of proposed ordinance amendments (summarized above). The
Committee again considered the amendments at their April meeting before forwarding the proposal to the May
13, 2024 Planning Commission. At this public hearing, the Planning Commission tabled the item indefinitely
and referred it again to the Long-Range Planning Committee. From there, the Commission forwarded
individual elements once consensus was reached on language and impact, with the specific proposed changes
to project classifications advanced on June 20, 2024, which includes:
• Reclassification of a large-scale development, large site improvement plan, and small site improvement
plan to be tied to the amount of development and/or redevelopment of impervious surface area being
proposed, rather than being tied solely to the addition of new impervious surface. The intent of this
change is for this development or redevelopment area to be considered as the overall limits of
construction for a proposal and is not intended to be triggered by interior remodels or renovations that
do not propose or require any additional exterior work.
• Requiring a concept plan when a project proposes to develop and/or redevelop greater than total 6,000
square feet and less than 10,000 square feet of impervious surface area.
• Clarifying that grading permits are required when a project is developing and/or redeveloping more than
10,000 square feet of impervious surface area.
Staff is also incorporating text clean-up with this proposal, including clarification about public meeting and
hearing requirements for certain project types (large-scale developments and planned zoning districts, in
particular).
At the July 22, 2024 Planning Commission meeting, Commissioners voted 8-0-0 to forward the proposed
ordinance changes to the City Council with a recommendation of approval. Commissioner Gulley made the
motion, which was seconded by Commissioner Werner. Conversation centered around clarifying the
requirements for a concept plan, and responding to public comment about how the proposed changes could
disincentivize infill. Staff clarified that concept plans would be triggered if a development proposed more than
6,000 square feet of development or redevelopment of impervious surface, that the concept plan process is
strictly limited to comments from staff and franchise utilities, and are not subject to any form of approval,
conditional or otherwise. Commissioners found and staff affirmed that these changes would not likely add to
the overall timeline of a project, since many projects are not currently receiving a coordinated round of review
ahead of time which has resulted in delays. While there were concerns that the changes may require additional
projects to go through a public hearing or site improvement plan process, staff clarified that the workload
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
already exists for staff since reviews are being completed through the permitting process, which are seeing
increasing delays in issuance due to lack of coordination. Staff also clarified that the intent of the ordinance is
only meant to affect a specific project area, and that drainage criteria are still evaluated and only triggered with
any added impervious surface to a site.
Public comment: One member of the public spoke at the meeting with concerns about the effects of proposed
changes on infill with regards to the proposed development thresholds and how impervious surface is
calculated. The member of the public was also concerned that these changes were coming about due to
neighborhood complaints about construction in nearby areas, and had concerns that this would undermine the
voices who contributed to City Plan 2040.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Proposed Ordinance - Exhibit A (#3), Proposed Ordinance Amendment in
Strikeout/Highlight (#5), Planning Commission Staff Report (#4)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-388
Administrative Item (Amend UDC Chapters 166.01, Development Categories, 166.02,
Development Review Process, 169.03, Review and or Permits Required, Exceptions): Submitted
by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 166.01, 166.02, and
169.03. The proposed code changes would modify development process requirements. (Originally
heard with ADM-2024-0036)
AN ORDINANCE TO AMEND § 166.01 DEVELOPMENT CATEGORIES, § 166.02
DEVELOPMENT REVIEW PROCESS AND § 169.03 REVIEW AND/OR PERMITS REQUIRED;
EXCEPTIONS OF THE FAYETTEVILLE CITY CODE TO ADDRESS DEVELOPMENT
CLASSIFICATIONS, CONCEPT PLAN REQUIREMENTS, AND GRADING PERMIT
REQUIREMENTS
WHEREAS, the City Council of the City of Fayetteville, Arkansas approved major ordinance changes
in 2021 to revamp the drainage and development standards and incentivize infill; and
WHEREAS, City staff monitored the outcomes of these ordinance changes and identified provisions of
the Fayetteville City Code which required revision and clarification based on their observation; and
WHEREAS, City staff proposed amendments to § 166.01, § 166.02 and § 169.03 of the Fayetteville
City Code which would reclassify large-scale developments, large site improvement plans, and small
site improvement plans to be tied to the amount of development or redevelopment of impervious surface
area, rather than new impervious surface area, to require concept plans when a project proposes to
develop or redevelop greater than 6,000 square feet and less than 10,000 square feet of impervious
surface area, and to clarify that grading permits are required when a project is developing or
redeveloping more than 10,000 square feet of impervious surface area; and
WHEREAS, the Planning Commission voted unanimously to recommend approval of these changes to
166.01, 166.02 and 169.03 at its meeting held on July 22, 2024.
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 § 166.01(C)(1)
and enacts the following replacement language:
“(C)(1) Large Scale Development. A large scale development is generally intended for
development on a site of 1 acre or greater in size and proposes to a development and/or redevelopment
Ordinance: 6785
File Number: 2024-388
Page 2
area of more than 10,000 square feet of impervious surface and where a corresponding subdivision of
land is not proposed.
(a) Requirement. The development of the following must be processed in accordance with the
requirements for a large-scale development:
(i) A site 1 acre or greater in size and developing and/or redeveloping an area of more than
10,000 square feet of impervious surface;
(ii) Facilities emitting odors or handling explosives; and
(b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square
feet or less of impervious area or a development on a site in a zoning district subject to administrative
approval.”
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.01(C)(3)
and enacts the following replacement language:
“(C)(3) Small Site Improvement Plan. A small site improvement plan review is intended for
development on a site that is less than 1 acre in size and proposes a development and/or redevelopment
area of more than 10,000 square feet of impervious surface.
(a) Requirement. The development of the following must be processed in accordance with the
requirements for a small site improvement plan:
(i) A development that is excluded from large scale development or large site improvement plan
review and requires review by multiple city divisions;
(ii) A development and/or redevelopment area of more than 10,000 square feet of impervious
surface on site of less than 1 acre within any zoning district.
(b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square
feet or less of impervious surface and shall be submitted in accordance with the requirements of
§166.02(E) and §166.15.”
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.01(C)(4)
and enacts the following replacement language:
“(C)(4) Concept Plan. When a developer intends to develop or redevelop greater than 6,000
square feet and less than 10,000 square feet of total impervious area within the city limits, they shall
submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully
engineered development plan for review. Developments below or above this threshold, or in the city’s
planning area boundary, may submit a concept plan to obtain feedback and recommendations prior to
submitting a fully engineered development plan for review.”
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.02(B) and
enacts the following replacement language:
Ordinance: 6785
File Number: 2024-388
Page 3
“(B) Public Meetings. Development applications are required to be processed through the
Technical Plat Review Committee, Subdivision Committee, and Planning Commission as follows:
(1) Technical Plat Review Committee. The following development applications are required to
be reviewed by the Technical Plat Review Committee: Lot split, small site improvement plans, large site
improvement plans, large scale development, planned zoning district with or without concurrent
development, preliminary plat, final plat, concurrent plat, and concept plan. After the Technical Plat
Review Committee meeting staff may administratively approve lot splits, final plats, small site
improvement plans, and large site improvement plans after review for compliance with all applicable
codes subject to UDC 166.02(C). No approval is necessary for concept plans.
(2) Subdivision Committee. The following development applications are required to be reviewed
by the Subdivision Committee: Large scale development, planned zoning district with concurrent
development, preliminary plat, and concurrent plat. From these applications, the Subdivision Committee
may approve only large scale developments.
(3) Planning Commission. The following development applications are required to be reviewed
by the Planning Commission. Large scale development forwarded by the Subdivision Committee,
preliminary plat, concurrent plat, and planned zoning district with or without concurrent development.
The Planning Commission may approve, deny, table, or approve development applications with
conditions. A planned zoning district cannot be approved by the Planning Commission, but may be
forwarded to City Council.”
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 166.02(C)(1) by
inserting the following language at the end of the subsection: “Concept plans are not subject to approval
or denial.”
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.02(E)(2) and
enacts the following replacement language:
“(E)(2) In addition to §166.02(E), before a building permit is issued for site that develops and/or
redevelops between 1,201 and 10,000 square feet of impervious area, where a corresponding subdivision
of land is not proposed, the developer shall complete, and receive approval of, appropriate grading and
drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the
current City Drainage Criteria Manual per the table below. Impervious areas will be considered as
existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021
imagery.”
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 169.03(B)(2)
and enacts the following replacement language:
“(B)(2) Development and/or redevelopment of an area of more than 10,000 square feet of
impervious surface;”
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby determines that
applications under full grading permit or building permit review as of the effective date of this
Ordinance shall be entitled to proceed pursuant to the processes and standards that were in effect at the
Ordinance: 6785
File Number: 2024-388
Page 4
time the application was submitted. This exception applies only to those processes and standards
amended by this Ordinance. Applications submitted after the effective date or projects that expire must
comply with the processes and standards adopted in this Ordinance.
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2024-388
Item ID
8/20/2024
City Council Meeting Date - Agenda Item Only
Administrative Item (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process,
169.03, Review and or Permits Required, Exceptions): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an
amendment to 166.01, 166.02, and 169.03. The proposed code changes would modify development process
requirements. (Originally heard with ADM-2024-0036).
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT SERVICES (620)
Division / Department
8/2/2024
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 1 of 2
166.01 Development Categories
(A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines
between adjoining property owners which does not create a separate, new lot. A property line adjustment
cannot dedicate new easements or right-of-way.
(B) Subdivision of Land.
(1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the
application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster
Housing Development, (C) Development Review Process, after the creation of more than four (4) lots
from an original parent tract as established under Washington County's countywide 1985 reappraisal.
Any subsequent subdivision of the parent or resulting tracts is required to be processed as a
preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right -of-way and
may be combined with an easement plat.
(2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or
resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided,
the application shall be processed as preliminary plat. A preliminar y plat establishes the preliminary
location of lot lines, streets, and utility infrastructure, and allows for the applicant to request
construction plan approval and install required improvements.
(3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities,
street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for
approval of the final plat. The final plat application may no t be submitted until the final inspection for
the required infrastructure has been scheduled with City Engineering staff.
(4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one (1) step. A
concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when
a parent or resulting tract has been subdivided three (3) or more times a nd is proposed to be further
subdivided, and the existing and new parcels do not require construction of new infrastructure.
(C) Site Plan.
(1) Large Scale Development. A large scale development is generally intended for development on a site of
1 acre or greater in size and proposes to a development and/or redevelopment area of more than
10,000 square feet of impervious surface and where a corresponding subdivision of land is not
proposed.
(a) Requirement. The development of the following must be processed in accordance with the
requirements for a large-scale development:
(i) A site 1 acre or greater in size and developing and/or redeveloping an area of more than
10,000 square feet of impervious surface;
(ii) Facilities emitting odors or handling explosives; and
(b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square
feet or less of impervious area or a development on a site in a zoning district subject to
administrative approval.
(2) Large Site Improvement Plan. A large site improvement plan review is intended for a large scale
development that is located on a site within a zoning district that permits administrative approval. A
large site improvement plan is subject to the requirements and excluded developments for a large
scale development listed in Fayetteville Unified Development Code §166.01(C)(1).
PROPOSED CHANGES - CLEAN
UDC 166.01, 166.02, 169.03
EXHIBIT A
ADM-2024-0036
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 2 of 2
(3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a
site that is less than 1 acre in sizeand proposes a development and/or redevelopment area of more
than 10,000 square feet of impervious surface. .
(a) Requirement. The development of the following must be processed in accordance with the
requirements for a small site improvement plan:
(i) A development that is excluded from large scale development or large site improvement
plan review and requires review by multiple city divisions;
(ii) A development and/or redevelopment area of more than 10,000 square feet of impervious
surface on site of less than 1 acre within any zoning district.
(b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square feet
or less of impervious surface and shall be submitted in accordance with the requirements of
§166.02(E) and §166.15.
(4) Concept Plan. When a developer intends to develop or redevelop greater than 6,000 square feet and
less than 10,000 square feet of total impervious area within the city limits, they shall submit a concept
plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered
development plan for review. Developments below or above this threshold, or in the city’s planning
area boundary, may submit a concept plan to obtain feedback and recommendations prior to
submitting a fully engineered development plan for review. .
(D) Modifications.
(1) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in
an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to,
substitutions of one approved structural type for another, minor variati ons in placement of buildings in
such a way that the overall limits of approved floor area, open space, or rooms per acre are not
increased, and minor shifts in property line locations.
(2) Major Modifications. In the event that a developer wishes to make major modifications to an approved
development, such modifications shall be submitted to the approving body of the subdivision or site
plan, whether staff, Subdivision Committee, or the Planning Commission. Aft er submission, the
approving body shall approve or disapprove the requested modification.
(Code 1965, App. C., Art. II, §§A—D; Ord. No. 1750, 7-6-70; Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code
1991, §§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No. 3781, §1, 4 -19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4350, §1, 11-20-01; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 5945, §16, 1-17-17; Ord.
No. 6067, §1, 5-1-18; Ord. No. 6446, §8(Exh. C), 6-15-21)
PROPOSED CHANGES - CLEAN
UDC 166.01, 166.02, 169.03
EXHIBIT A
ADM-2024-0036
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 1 of 5
166.02 Development Review Process
(A) Application Submittal
(1) Submittal. All development applications shall be submitted to the Planning Division and will be
processed for review in accordance with Planning Division operating procedures.
(B) Public Meetings. Development applications are required to be processed through the Technical Plat Review
Committee, Subdivision Committee, and Planning Commission as follows:
(1) Technical Plat Review Committee. The following development applications are required to be reviewed
by the Technical Plat Review Committee: Lot split, small site improvement plans, large site
improvement plans, large scale development, planned zoning district with or without concurrent
development, preliminary plat, final plat, concurrent plat, and concept plan. After the Technical Plat
Review Committee meeting staff may administratively approve lot splits, final plats, small site
improvement plans, and large site improvement plans after review for compliance with all applicable
codes subject to UDC 166.02(C). No approval is necessary for concept plans.
(2) Subdivision Committee. The following development applications are required to be reviewed by the
Subdivision Committee: Large scale development, planned zoning district with concurrent
development, preliminary plat, and concurrent plat. From these applications, the Subdivision
Committee may approve only large scale developments..
(3) Planning Commission. The following development applications are required to be reviewed by the
Planning Commission. Large scale development forwarded by the Subdivision Committee, preliminary
plat, concurrent plat, and planned zoning district with or without concurrent development. The
Planning Commission may approve, deny, table, or approve development applications with conditions.
A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to
City Council.
(C) Approval and Denial Criteria
(1) Administrative Approval. The following applications shall be approved administratively by the Planning
Division as long as the proposal meets all requirements of the Unified Development Code: Property line
adjustment, lot split, final plat, small site improvement plan, and large site improvement plan.
Approval by the Planning Commission for these applications is not required unless an appeal is filed in
accordance with Ch. 156 of the UDC. Concept plans are not subject to approval or denial.
(a) Reasons for Denial. The Planning Division may refuse administrative approval based on the
following criteria:
(i) Property Line Adjustment; Lot Split. The application does not comply with zoning and
development requirements including, but not limited to: Lot width, lot area, setback
requirements, buildable area, required parking, impervious surface, dedication of required
right-of-way or easements, etc., or the requested action would make an existing non-
conforming property or structure more non-conforming.
(ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the
proposed plat does not meet the zoning and development requirements of the UDC,
and/or the required improvements have not been completed or guaranteed in accordance
with Fayetteville Unified Development Code Chapter 158.
(iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small
or large site improvement plan for any of the following reasons:
PROPOSED CHANGES - CLEAN
UDC 166.01, 166.02, 169.03
EXHIBIT A
ADM-2024-0036
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 2 of 5
(a) The development plan is not submitted in accordance with the requirements of
this chapter.
(b) The proposed development would violate a city ordinance, a state statute, or a
federal statute.
(c) The developer refuses to dedicate the street right-of-way, utility easements or
drainage easements required by this chapter.
(d) The proposed development would create or compound a dangerous traffic
condition. For the purpose of this section, a dangerous traffic condition shall be
construed to mean a traffic condition in which the risk of accidents involving
motor vehicles is significant due to factor such as, but not limited to, high traffic
volume, topography, or the nature of the traffic pattern.
(e) City water and sewer is not readily available to the property within the site
improvement plat area and the developer has made no provision for extending
such service to the development.
(f) The developer refused to comply with ordinance requirements or condition of
approval for on-site and off-site improvements.
(2) Subdivision Committee and Planning Commission Approval. The following applications shall be
approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below:
Large scale development, preliminary plat and concurrent plat.
(a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a
large scale development, preliminary plat or concurrent plat for any of the following reasons:
(i) The plat or development plan is not submitted in accordance with the requirements of this
chapter.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is s ignificant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development, preliminary plat, or concurrent plat and the developer has made no
provision for extending such service to the development.
(vi) The developer refused to comply with ordinance requirements or conditions of approval
for on-site and off-site improvements.
(D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body,
the applicant shall follow the procedures set forth below in order to record the plat or obtain construction
plan approval.
(1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall
submit copies of the approved plats containing all required signatures to the Planning Division for final
PROPOSED CHANGES - CLEAN
UDC 166.01, 166.02, 169.03
EXHIBIT A
ADM-2024-0036
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 3 of 5
approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the
Planning Division as required.
(2) Preliminary Plat, Large Scale Development and Small or Large Site Improvement Plan. Receipt of the
approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
(i) Street plans, profiles and specification accompanied by soil analyses and design
calculations;
(ii) Storm drainage plans, profiles and specifications accompanied by soil analyses and design
calculations; and
(iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to
be reviewed and approved by City Engineering.
(iv) Final site plans, landscape plans, and other plans, reports and specifications required by the
city to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with site
preparation and construction in accordance with the permitted plans.
(E) Building Permits.
(1) Before a building permit is issued the developer shall:
(a) Dedication of Right-of-Way. Dedicate right-of-way in compliance with the city's Master Street
Plan, and in compliance with the requirements for on or off-site improvements.
(b) Dedicate all easements necessary to serve the development as required by the utility providers
and the city. This may be completed by easement plat or separate easement document(s), with
approval of the Planning Division.
(c) Comply with all applicable zoning and development codes.
(d) In addition, for small site improvement plans, large site improvement plans and large scale
developments, the developer shall:
(i) Obtain approval from the appropriate governing body.
(ii) On and Off-Site Improvements. Construct or guarantee required on- and off-site
improvements in accordance with UDC Chapter 158.
(iii) Complete applicable conditions of approval.
(2) In addition to §166.02(E), before a building permit is issued for site that develops and/or redevelops
between 1,201 and 10,000 square feet of impervious area, where a corresponding subdivision of land
is not proposed, the developer shall complete, and receive approval of, appropriate grading and
drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the
current City Drainage Criteria Manual per the table below. Impervious areas will be considered as
existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021
imagery.
Required Mitigation Measures and Documentation by Development Threshold
Development
Threshold
City-wide
Standard
Grading and Drainage/
Stormwater Documentation
Water Quality, Flood, and Tree
Mitigation Measures
PROPOSED CHANGES - CLEAN
UDC 166.01, 166.02, 169.03
EXHIBIT A
ADM-2024-0036
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 4 of 5
Level 1 < or =
1,200 sf
of IA
Exempt from Grading and Drainage
provisions except for those still
associated with the Building Permit
process such as HHOD
Exempt
Level 2 1,201—
6,000 sf
of IA
• Completed Green Stormwater
Practice (GSP) Worksheet,
demonstrating Runoff Reduction
via Better Site Design.
• GSP Operation & Maintenance
(O & M) Agreement to ensure the
long-term functionality of these
practices.
• 2 or more measures from Step 1
of Table 2 that Reduce Runoff via
Better Site Design
• 1 or more Green Stormwater
Practices (GSPs) measures from
Step 2 of Table 2 as required to
treat 100% of the proposed
additional impervious and gravel
areas.
Level 3 6,001—
10,000 sf
of IA
Same as Level 2. • Same as Level 2.
• As needed GSP measures from
Step 3 to further reduce runoff
referred to as extended detention
• Abbreviated Tree Preservation
Plan
(F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale
development, large site improvement plan, or small site improvement plan shall be issued, and no final plat
or concurrent plat shall be signed for recordation until the following have been completed:
(1) The requirements for on and off-site improvements have been completed, and maintenance
bonds/guarantees deposited to city specifications.
(2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing:
(a) The location of all buildings and the setback distance for said buildings from street right-of-way
and adjoining property lines;
(b) The location of any freestanding signs and the setback distance of said signs from street right-of-
way and adjoining property lines;
(c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or
fences;
(d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines;
(e) The location and size of all stormwater features with associated drainage easements
demarcated, where applicable; and
(f) The location and quantity of existing and new impervious area on the property.
(3) The development has been inspected and approved by all applicable city divisions.
(4) All applicable conditions of approval have been completed.
(Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16—159.18; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh.
C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22)
PROPOSED CHANGES - CLEAN
UDC 166.01, 166.02, 169.03
EXHIBIT A
ADM-2024-0036
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 5 of 5
PROPOSED CHANGES - CLEAN
UDC 166.01, 166.02, 169.03
EXHIBIT A
ADM-2024-0036
Created: 2024-06-25 14:55:10 [EST]
(Supp. No. 33)
Page 1 of 1
169.03 Review And/Or Permits Required; Exceptions
(A) Grading Review Required. (Reference §166.02(E).)
(1) When located within the Hillside/Hilltop Overlay District boundaries. Parcels of land divided by the
Hillside/Hilltop Overlay District boundary shall only be subject to the requirements of this chapter on
that portion of land lying within the boundary;
(2) Construction of greater than 1,200 square feet of impervious area on a single site;
(B) Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling, excavation, or land
alteration of any kind shall require:
(1) Prior development approval as specified in Chapter 166, except for general grading to an existing
developed site that does not impact trees or floodplains and does not significantly alter the natural
landform;
(2) Development and/or redevelopment of an area of more than 10,000 square feet of impervious surface;
(3) A grading permit pursuant to this chapter; and
(4) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated
Stormwater Pollution Prevention Plan, if required by state law.
(C) Exceptions to Permit Requirements. Grading permits are not required for the following however the
Minimum Erosion Control Requirements in §169.04 still apply:
(1) Excavation Below Finish Grade. Excavations below finished grade for basements, swimming pools, hot
tubs, septic systems, retaining walls under 4 feet in height, and like structures authorized by a valid
building permit.
(2) Cemetery Graves. Cemetery graves.
(3) Refuse Disposal. Refuse disposal sites controlled by other regulations.
(4) Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require
the use of heavy construction equipment, French drains, yard grading, maintenance, farming, gardens,
and similar activities.
(D) Grading Permit Application and Approval. No grading permit shall be issued until the Grading and Erosion &
Sediment Control Plan, endorsed by an architect, landscape architect, or engineer licensed in the state of
Arkansas, is approved by the City Engineer. A separate permit shall be required for each site. Grading permits
may be issued jointly for parcels of land that are contiguous, so long as erosion control measures are in place
until project completion. Any application for a required grading permit under this chapter shall be submitted
concurrently with the application and calculations for a drainage permit if such a drainage permit is required
by §170.03. Tree Preservation and Protection is required in accordance with Chapter 167.
(E) Permit Posted. A copy of the grading permit cover page shall be posted at or near the street right-of-way line
and shall be clearly visible from the street.
(Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord.
No. 4313, 5-15-01; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169,
8-5-14; Ord. No. 5945, §18, 1-17-17; Ord. No. 6061, §4, 4-17-18; Ord. No. 6446, §11(Exh. F), 6-15-21)
PROPOSED CHANGES - CLEAN
UDC 166.01, 166.02, 169.03
EXHIBIT A
ADM-2024-0036
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 1 of 2
166.01 Development Categories
(A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines
between adjoining property owners which does not create a separate, new lot. A property line adjustment
cannot dedicate new easements or right-of-way.
(B) Subdivision of Land.
(1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the
application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster
Housing Development, (C) Development Review Process, after the creation of more than four (4) lots
from an original parent tract as established under Washington County's countywide 1985 reappraisal.
Any subsequent subdivision of the parent or resulting tracts is required to be processed as a
preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right -of-way and
may be combined with an easement plat.
(2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or
resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided,
the application shall be processed as preliminary plat. A preliminar y plat establishes the preliminary
location of lot lines, streets, and utility infrastructure, and allows for the applicant to request
construction plan approval and install required improvements.
(3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities,
street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for
approval of the final plat. The final plat application may no t be submitted until the final inspection for
the required infrastructure has been scheduled with City Engineering staff.
(4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one (1) step. A
concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when
a parent or resulting tract has been subdivided three (3) or more times a nd is proposed to be further
subdivided, and the existing and new parcels do not require construction of new infrastructure.
(C) Site Plan.
(1) Large Scale Development. A large scale development is generally intended for development on a site of
1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area a
development and/or redevelopment area of more than 10,000 square feet of impervious surface and
where a corresponding subdivision of land is not proposed.
(a) Requirement. The development of the following must be processed in accordance with the
requirements for a large-scale development:
(i) A site 1 acre or greater in size and creating more than 10,000 square feet of new
impervious area developing and/or redeveloping an area of more than 10,000 square feet
of impervious surface;
(ii) Facilities emitting odors or handling explosives; and
(b) Excluded Developments. Developments creating less than 10,000 square feet of new impervious
area or a development on a lot or parcel Proposals developing and/or redeveloping an area of
10,000 square feet or less of impervious area or a development on a site in a zoning district
subject to administrative approval.
(2) Large Site Improvement Plan. A large site improvement plan review is intended for a large scale
development that is located on a site within a zoning district that permits administrative approval. A
PROPOSED CHANGES - STRIKETHROUGH
UDC 166.01, 166.02, 169.03 ADM-2024-0036
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 2 of 2
large site improvement plan is subject to the requirements and excluded developments for a large
scale development listed in Fayetteville Unified Development Code §166.01(C)(1).
(3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a
site that is less than 1 acre in size and proposes a development and/or redevelopment area of more
than 10,000 square feet of impervious surface. with greater than 10,000 square feet of new impervious
area.
(a) Requirement. The development of the following must be processed in accordance with the
requirements for a small site improvement plan:
(i) A development that is excluded from large scale development or large site improvement
plan review and requires review by multiple city divisions;
(ii) A development and/or redevelopment area of more than 10,000 square feet of impervious
surface The creation of more than 10,000 square feet of impervious area for a
development on site of less than 1 acre within any zoning district.
(b) Excluded Developments. The construction of less than or equal to 10,000 square feet of new
impervious area shall be exempt from the site improvement plan requirements Proposals
developing and/or redeveloping an area of 10,000 square feet or less of impervious surface and
shall be submitted in accordance with the requirements of §166.02(E) and §166.15.
(4) Concept Plan. When a developer intends to develop or redevelop greater than 6,000 square feet and
less than 10,000 square feet of total impervious area within the city limits, they shall submit a concept
plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered
development plan for review. Developments below or above this threshold, or in the city’s planning
area boundary, may submit a concept plan to obtain feedback and recommendations prior to
submitting a fully engineered development plan for review. When a developer intends to subdivide
property within the city or city's planning area boundary, he/she shall submit a concept plan to obtain
feedback and recommendations from city staff prior and the Planning Commission to submitting a fully
engineered development plan for review. When a developer intends to develop greater than 10,000
square feet of new impervious area within the city or city's planning area boundary, they may submit a
concept plan to obtain feedback and recommend ations from city staff prior to submitting a fully
engineered development plan for review.
(D) Modifications.
(1) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in
an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to,
substitutions of one approved structural type for another, minor variati ons in placement of buildings in
such a way that the overall limits of approved floor area, open space, or rooms per acre are not
increased, and minor shifts in property line locations.
(2) Major Modifications. In the event that a developer wishes to make major modifications to an approved
development, such modifications shall be submitted to the approving body of the subdivision or site
plan, whether staff, Subdivision Committee, or the Planning Commission. Aft er submission, the
approving body shall approve or disapprove the requested modification.
(Code 1965, App. C., Art. II, §§A—D; Ord. No. 1750, 7-6-70; Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code
1991, §§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No. 3781, §1, 4 -19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4350, §1, 11-20-01; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 5945, §16, 1-17-17; Ord.
No. 6067, §1, 5-1-18; Ord. No. 6446, §8(Exh. C), 6-15-21)
PROPOSED CHANGES - STRIKETHROUGH
UDC 166.01, 166.02, 169.03 ADM-2024-0036
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 1 of 5
166.02 Development Review Process
(A) Application Submittal
(1) Submittal. All development applications shall be submitted to the Planning Division and will be
processed for review in accordance with Planning Division operating procedures.
(B) Public Meetings. Development applications are required to be processed through the Technical Plat Review
Committee, Subdivision Committee, and Planning Commission as follows:
(1) Technical Plat Review Committee. The following development applications are required to be reviewed
by the Technical Plat Review Committee: Lot split, small site improvement plans, large site
improvement plans, large scale development, planned zoning district with or without concurrent
development, preliminary plat, final plat, and concurrent plat, and concept plan. After the Technical
Plat Review Committee meeting staff may administratively approve lot splits, final plats, small site
improvement plans, and large site improvement plans after review for compliance with all applicable
codes subject to UDC 166.02(C). No approval is necessary for concept plans.
(2) Subdivision Committee. The following development applications are required to be reviewed by the
Subdivision Committee: Large scale development, planned zoning district with concurrent
development, preliminary plat, and concurrent plat. From these applications, the Subdivision
Committee may approve only large scale developments. Large scale development applications that are
subject to administrative approval shall not be required to be reviewed by the Subdivision Committee .
(3) Planning Commission. The following development applications are required to be reviewed by the
Planning Commission. Large scale development forwarded by the Subdivision Committee, Ppreliminary
plat, concurrent plat, and planned zoning district with or without concurrent development. The
Planning Commission may approve, deny, table, or approve development applications with conditions.
A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to
City Council. Large scale development applications that are subject to administrative approval shall not
be required to be reviewed by the Planning Commission.
(C) Approval and Denial Criteria
(1) Administrative Approval. The following applications shall be approved administratively by the Planning
Division as long as the proposal meets all requirements of the Unified Development Code: Property line
adjustment, lot split, final plat, small site improvement plan, and large site improvement plan.
Approval by the Planning Commission for these applications is not required unless an appeal is filed in
accordance with Ch. 156 of the UDC. Concept plans are not subject to approval or denial.
(a) Reasons for Denial. The Planning Division may refuse administrative approval based on the
following criteria:
(i) Property Line Adjustment; Lot Split. The application does not comply with zoning and
development requirements including, but not limited to: Lot width, lot area, setback
requirements, buildable area, required parking, impervious surface, dedication of required
right-of-way or easements, etc., or the requested action would make an existing non-
conforming property or structure more non-conforming.
(ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the
proposed plat does not meet the zoning and development requirements of the UDC,
and/or the required improvements have not been completed or guaranteed in accordance
with Fayetteville Unified Development Code Chapter 158.
PROPOSED CHANGES - STRIKETHROUGH
UDC 166.01, 166.02, 169.03 ADM-2024-0036
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 2 of 5
(iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small
or large site improvement plan for any of the following reasons:
(a) The development plan is not submitted in accordance with the requirements of
this chapter.
(b) The proposed development would violate a city ordinance, a state statute, or a
federal statute.
(c) The developer refuses to dedicate the street right-of-way, utility easements or
drainage easements required by this chapter.
(d) The proposed development would create or compound a dangerous traffic
condition. For the purpose of this section, a dangerous traffic condition shall be
construed to mean a traffic condition in which the risk of accidents involving
motor vehicles is significant due to factor such as, but not limited to, high traffic
volume, topography, or the nature of the traffic pattern.
(e) City water and sewer is not readily available to the property within the site
improvement plat area and the developer has made no provision for extending
such service to the development.
(f) The developer refused to comply with ordinance requirements or condition of
approval for on-site and off-site improvements.
(2) Subdivision Committee and Planning Commission Approval. The following applications shall be
approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below:
Large scale development, preliminary plat and concurrent plat.
(a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a
large scale development, preliminary plat or concurrent plat for any of the following reasons:
(i) The plat or development plan is not submitted in accordance with the requirements of this
chapter.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is s ignificant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development, preliminary plat, or concurrent plat and the developer has made no
provision for extending such service to the development.
(vi) The developer refused to comply with ordinance requirements or conditions of approval
for on-site and off-site improvements.
(D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body,
the applicant shall follow the procedures set forth below in order to record the plat or obtain construction
plan approval.
PROPOSED CHANGES - STRIKETHROUGH
UDC 166.01, 166.02, 169.03 ADM-2024-0036
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 3 of 5
(1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall
submit copies of the approved plats containing all required signatures to the Planning Division for final
approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the
Planning Division as required.
(2) Preliminary Plat, Large Scale Development and Small or Large Site Improvement Plan. Receipt of the
approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
(i) Street plans, profiles and specification accompanied by soil analyses and design
calculations;
(ii) Storm drainage plans, profiles and specifications accompanied by soil analyses and design
calculations; and
(iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to
be reviewed and approved by City Engineering.
(iv) Final site plans, landscape plans, and other plans, reports and specifications required by the
city to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with site
preparation and construction in accordance with the permitted plans.
(E) Building Permits.
(1) Before a building permit is issued the developer shall:
(a) Dedication of Right-of-Way. Dedicate right-of-way in compliance with the city's Master Street
Plan, and in compliance with the requirements for on or off-site improvements.
(b) Dedicate all easements necessary to serve the development as required by the utility providers
and the city. This may be completed by easement plat or separate easement document(s), with
approval of the Planning Division.
(c) Comply with all applicable zoning and development codes.
(d) In addition, for small site improvement plans, large site improvement plans and large scale
developments, the developer shall:
(i) Obtain approval from the appropriate governing body.
(ii) On and Off-Site Improvements. Construct or guarantee required on- and off-site
improvements in accordance with UDC Chapter 158.
(iii) Complete applicable conditions of approval.
(2) In addition to §166.02(E), before a building permit is issued for site that creates develops and/or
redevelops between 1,201 and 10,000 square feet of new impervious area, where a corresponding
subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate
grading and drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as
well as the current City Drainage Criteria Manual per the table below. Impervious areas will be
considered as existing only if they are in place on March 3, 2021 which corresponds with the City of
Fayetteville 2021 imagery.
PROPOSED CHANGES - STRIKETHROUGH
UDC 166.01, 166.02, 169.03 ADM-2024-0036
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 4 of 5
Required Mitigation Measures and Documentation by Development Threshold
Development
Threshold
City-wide
Standard
Grading and Drainage/
Stormwater Documentation
Water Quality, Flood, and Tree
Mitigation Measures
Level 1 < or =
1,200 sf
of IA
Exempt from Grading and Drainage
provisions except for those still
associated with the Building Permit
process such as HHOD
Exempt
Level 2 1,201—
6,000 sf
of IA
• Completed Green Stormwater
Practice (GSP) Worksheet,
demonstrating Runoff Reduction
via Better Site Design.
• GSP Operation & Maintenance
(O & M) Agreement to ensure the
long-term functionality of these
practices.
• 2 or more measures from Step 1
of Table 2 that Reduce Runoff via
Better Site Design
• 1 or more Green Stormwater
Practices (GSPs) measures from
Step 2 of Table 2 as required to
treat 100% of the proposed
additional impervious and gravel
areas.
Level 3 6,001—
10,000 sf
of IA
Same as Level 2. • Same as Level 2.
• As needed GSP measures from
Step 3 to further reduce runoff
referred to as extended detention
• Abbreviated Tree Preservation
Plan
(F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale
development, large site improvement plan, or small site improvement plan shall be issued, and no final plat
or concurrent plat shall be signed for recordation until the following have been completed:
(1) The requirements for on and off-site improvements have been completed, and maintenance
bonds/guarantees deposited to city specifications.
(2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing:
(a) The location of all buildings and the setback distance for said buildings from street right-of-way
and adjoining property lines;
(b) The location of any freestanding signs and the setback distance of said signs from street right-of-
way and adjoining property lines;
(c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or
fences;
(d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines;
(e) The location and size of all stormwater features with associated drainage easements
demarcated, where applicable; and
(f) The location and quantity of existing and new impervious area on the property.
(3) The development has been inspected and approved by all applicable city divisions.
(4) All applicable conditions of approval have been completed.
PROPOSED CHANGES - STRIKETHROUGH
UDC 166.01, 166.02, 169.03 ADM-2024-0036
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 5 of 5
(Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16—159.18; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh.
C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22)
PROPOSED CHANGES - STRIKETHROUGH
UDC 166.01, 166.02, 169.03 ADM-2024-0036
Created: 2024-06-25 14:55:10 [EST]
(Supp. No. 33)
Page 1 of 1
169.03 Review And/Or Permits Required; Exceptions
(A) Grading Review Required. (Reference §166.02(E).)
(1) When located within the Hillside/Hilltop Overlay District boundaries. Parcels of land divided by the
Hillside/Hilltop Overlay District boundary shall only be subject to the requirements of this chapter on
that portion of land lying within the boundary;
(2) Construction of greater than 1,200 square feet of impervious area on a single site;
(B) Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling, excavation, or land
alteration of any kind shall require:
(1) Prior development approval as specified in Chapter 166, except for general grading to an existing
developed site that does not impact trees or floodplains and does not significantly alter the natural
landform;
(2) Development and/or redevelopment of an area of more than 10,000 square feet of impervious surface;
Construction of new impervious area greater than 10,000 square feet;
(3) A grading permit pursuant to this chapter; and
(4) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated
Stormwater Pollution Prevention Plan, if required by state law.
(C) Exceptions to Permit Requirements. Grading permits are not required for the following however the
Minimum Erosion Control Requirements in §169.04 still apply:
(1) Excavation Below Finish Grade. Excavations below finished grade for basements, swimming pools, hot
tubs, septic systems, retaining walls under 4 feet in height, and like structures authorized by a valid
building permit.
(2) Cemetery Graves. Cemetery graves.
(3) Refuse Disposal. Refuse disposal sites controlled by other regulations.
(4) Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require
the use of heavy construction equipment, French drains, yard grading, maintenance, farming, gardens,
and similar activities.
(D) Grading Permit Application and Approval. No grading permit shall be issued until the Grading and Erosion &
Sediment Control Plan, endorsed by an architect, landscape architect, or engineer licensed in the state of
Arkansas, is approved by the City Engineer. A separate permit shall be required for each site. Grading permits
may be issued jointly for parcels of land that are contiguous, so long as erosion control measures are in place
until project completion. Any application for a required grading permit under this chapter shall be submitted
concurrently with the application and calculations for a drainage permit if such a drainage permit is required
by §170.03. Tree Preservation and Protection is required in accordance with Chapter 167.
(E) Permit Posted. A copy of the grading permit cover page shall be posted at or near the street right-of-way line
and shall be clearly visible from the street.
(Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord.
No. 4313, 5-15-01; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169,
8-5-14; Ord. No. 5945, §18, 1-17-17; Ord. No. 6061, §4, 4-17-18; Ord. No. 6446, §11(Exh. F), 6-15-21)
PROPOSED CHANGES - STRIKETHROUGH
UDC 166.01, 166.02, 169.03 ADM-2024-0036
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
City of Fayetteville Long Range Planning Committee
MEETING DATE: July 22, 2024
SUBJECT: ADM-2024-0036: Administrative Item (Amend UDC Chapters 166.01,
Development Categories, 166.02, Development Review Process,
169.03, Review and or Permits Required, Exceptions): Submitted by
CITY OF FAYETTEVILLE STAFF. The request is an amendment to
166.01, 166.02, and 169.03. The proposed code changes would modify
development process requirements.
RECOMMENDATION:
Staff recommend forwarding ADM-2024-0036 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward ADM-2024-0036 to the City Council with a recommendation of approval.”
BACKGROUND:
In 2021, major ordinance changes were approved by City Council to revamp drainage and
development standards, with a secondary goal of incentivizing infill. The changes that were
approved required new green stormwater practices on a sliding scale of added impervious
surface, and decoupled certain requirements from a question of use and tied those requirements
instead to the overall impact to stormwater. This introduced three new levels of development
threshold and shifted the requirement of a large-scale development plan or a site improvement
plan to be triggered only after the addition of 10,000 sq. ft. of added, new impervious surface. In
the intervening period since 2021, staff audited the outcomes of these changes, and identified
several areas that require revision and clarification.
• Parkland Dedication
o Certain project types were no longer subject to parkland dedication, even though
the impact of added units is significant.
• Project Classification
o Projects adding less than 10,000 sq. ft. still often require a coordinated, cross-
divisional round of review/comment leading to delays unforeseen issues at
permitting.
• Application of Tree Preservation standards
o Certain projects are no longer subject to tree preservation requirements.
• Timeliness of Variances and Appeals
o Variances are only permitted to be appealed with an overall project, rather than
piecemeal. This becomes an issue when certain development types are no longer
subject to large-scale development or site improvement plan.
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 1 of 19
Updated with results from 7/22/2024 PC Meeting
Staff, Planning Commission, and Council have evaluated three of the four areas, and ordinance
changes have been brought forward throughout 2024.
Status:
o Parkland Dedication:
▪ May 21, 2024: City Council approves changes to Parkland Dedication
requirements, tying those requirements to added residential units and
decoupling from project type. (Ordinance 6751)
o Application of Tree Preservation Standards:
▪ July 16, 2024: City Council heard the proposed changes to Tree
Preservation requirements, which would require an abbreviated tree
preservation plan for projects adding between 1,201 – 6,000 square feet of
impervious surface. An option for escrow is also permitted to be
considered. The item was left on the first reading for additional
consideration.
o Timeliness of Variances and Appeals:
▪ July 16, 2024: City Council approved proposed changes to the appeals
process, which will allow variances associated with administratively-
approved projects to be appealed to City Council in their own right, without
the need to be tied to an overall project.
The changes presented with this application are to overarching project classification
requirements, and they are outlined below. These changes were forwarded by the Long-Range
Planning Committee on June 20, 2024.
DISCUSSION:
After deliberation at the Long-Range Planning Commission meeting, Planning Commissioners
voted to move forward the proposed changes to the project classifications
o Reclassifying a large-scale development, large site improvement plan, and small
site improvement plan to be tied to the amount of development and/or
redevelopment of total impervious surface area being proposed, rather than being
tied solely to the addition of new impervious surface. The intent of this change is
for this development or redevelopment area to be considered as the overall limits
of construction for a proposal and is not intended to be triggered by interior
remodels or renovations that do not propose or require any additional exterior
work.
o Requiring a concept plan when a project proposes to develop and/or redevelop
greater than total 6,000 square feet and less than 10,000 square feet of impervious
surface area.
o Clarifying that grading permits are required when a project is developing and/or
redeveloping more than 10,000 square feet of impervious surface area.
Staff is also incorporating some text clean-up with this proposal, including clarification about public
meeting and hearing requirements for certain project types (large-scale developments and
planned zoning districts, in particular).
Public Comment: Staff distributed the larger ordinance changes to key stakeholders within the
development community. Feedback was received in relation to vested interest of projects that
may already be in the pipeline, and feedback was received in relation to parkland dedication
requirements. The City Attorney’s office confirmed that vested interest in this or in any ordinance
happens at the time of an approved or issued permit. Public comment was also provided at the
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 2 of 19
May 13, 2024 Planning Commission meeting as well as at the June 24 Planning Commission
meeting. Members of the public who spoke were concerned about the originally proposed
changes to the impervious surface thresholds and to the additional tree preservation
requirements. Additional public comment was received by City staff ahead of the July 16 City
Council meeting, with concerns regarding added cost to development with proposed changes,
specifically with regards to additional tree preservation requirements.
RECOMMENDATION: Staff recommend forwarding ADM-2024-0036 to City Council with a
recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: July 22, 2024 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
• Proposed Ordinance (Clean):
o UDC §166.01. Development Categories
o UDC §166.02, Development Review Process
o UDC §169.03, Review and/or Permits Required; Exceptions
• Proposed Ordinance (Strikethrough):
o UDC §166.01. Development Categories
o UDC §166.02, Development Review Process
o UDC §169.03, Review and/or Permits Required; Exceptions
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 3 of 19
Cabe
McGetrick
8-0-0
X
with a recommendation of approval.
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 1 of 2
166.01 Development Categories
(A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines
between adjoining property owners which does not create a separate, new lot. A property line adjustment
cannot dedicate new easements or right-of-way.
(B) Subdivision of Land.
(1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the
application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster
Housing Development, (C) Development Review Process, after the creation of more than four (4) lots
from an original parent tract as established under Washington County's countywide 1985 reappraisal.
Any subsequent subdivision of the parent or resulting tracts is required to be processed as a
preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right -of-way and
may be combined with an easement plat.
(2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or
resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided,
the application shall be processed as preliminary plat. A preliminar y plat establishes the preliminary
location of lot lines, streets, and utility infrastructure, and allows for the applicant to request
construction plan approval and install required improvements.
(3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities,
street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for
approval of the final plat. The final plat application may no t be submitted until the final inspection for
the required infrastructure has been scheduled with City Engineering staff.
(4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one (1) step. A
concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when
a parent or resulting tract has been subdivided three (3) or more times a nd is proposed to be further
subdivided, and the existing and new parcels do not require construction of new infrastructure.
(C) Site Plan.
(1) Large Scale Development. A large scale development is generally intended for development on a site of
1 acre or greater in size and proposes to a development and/or redevelopment area of more than
10,000 square feet of impervious surface and where a corresponding subdivision of land is not
proposed.
(a) Requirement. The development of the following must be processed in accordance with the
requirements for a large-scale development:
(i) A site 1 acre or greater in size and developing and/or redeveloping an area of more than
10,000 square feet of impervious surface;
(ii) Facilities emitting odors or handling explosives; and
(b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square
feet or less of impervious area or a development on a site in a zoning district subject to
administrative approval.
(2) Large Site Improvement Plan. A large site improvement plan review is intended for a large scale
development that is located on a site within a zoning district that permits administrative approval. A
large site improvement plan is subject to the requirements and excluded developments for a large
scale development listed in Fayetteville Unified Development Code §166.01(C)(1).
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 4 of 19
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 2 of 2
(3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a
site that is less than 1 acre in sizeand proposes a development and/or redevelopment area of more
than 10,000 square feet of impervious surface. .
(a) Requirement. The development of the following must be processed in accordance with the
requirements for a small site improvement plan:
(i) A development that is excluded from large scale development or large site improvement
plan review and requires review by multiple city divisions;
(ii) A development and/or redevelopment area of more than 10,000 square feet of impervious
surface on site of less than 1 acre within any zoning district.
(b) Excluded Developments. Proposals developing and/or redeveloping an area of 10,000 square feet
or less of impervious surface and shall be submitted in accordance with the requirements of
§166.02(E) and §166.15.
(4) Concept Plan. When a developer intends to develop or redevelop greater than 6,000 square feet and
less than 10,000 square feet of total impervious area within the city limits, they shall submit a concept
plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered
development plan for review. Developments below or above this threshold, or in the city’s planning
area boundary, may submit a concept plan to obtain feedback and recommendations prior to
submitting a fully engineered development plan for review. .
(D) Modifications.
(1) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in
an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to,
substitutions of one approved structural type for another, minor variati ons in placement of buildings in
such a way that the overall limits of approved floor area, open space, or rooms per acre are not
increased, and minor shifts in property line locations.
(2) Major Modifications. In the event that a developer wishes to make major modifications to an approved
development, such modifications shall be submitted to the approving body of the subdivision or site
plan, whether staff, Subdivision Committee, or the Planning Commission. Aft er submission, the
approving body shall approve or disapprove the requested modification.
(Code 1965, App. C., Art. II, §§A—D; Ord. No. 1750, 7-6-70; Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code
1991, §§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No. 3781, §1, 4 -19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4350, §1, 11-20-01; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 5945, §16, 1-17-17; Ord.
No. 6067, §1, 5-1-18; Ord. No. 6446, §8(Exh. C), 6-15-21)
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 5 of 19
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 1 of 5
166.02 Development Review Process
(A) Application Submittal
(1) Submittal. All development applications shall be submitted to the Planning Division and will be
processed for review in accordance with Planning Division operating procedures.
(B) Public Meetings. Development applications are required to be processed through the Technical Plat Review
Committee, Subdivision Committee, and Planning Commission as follows:
(1) Technical Plat Review Committee. The following development applications are required to be reviewed
by the Technical Plat Review Committee: Lot split, small site improvement plans, large site
improvement plans, large scale development, planned zoning district with or without concurrent
development, preliminary plat, final plat, concurrent plat, and concept plan. After the Technical Plat
Review Committee meeting staff may administratively approve lot splits, final plats, small site
improvement plans, and large site improvement plans after review for compliance with all applicable
codes subject to UDC 166.02(C). No approval is necessary for concept plans.
(2) Subdivision Committee. The following development applications are required to be reviewed by the
Subdivision Committee: Large scale development, planned zoning district with concurrent
development, preliminary plat, and concurrent plat. From these applications, the Subdivision
Committee may approve only large scale developments..
(3) Planning Commission. The following development applications are required to be reviewed by the
Planning Commission. Large scale development forwarded by the Subdivision Committee, preliminary
plat, concurrent plat, and planned zoning district with or without concurrent development. The
Planning Commission may approve, deny, table, or approve development applications with conditions.
A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to
City Council.
(C) Approval and Denial Criteria
(1) Administrative Approval. The following applications shall be approved administratively by the Planning
Division as long as the proposal meets all requirements of the Unified Development Code: Property line
adjustment, lot split, final plat, small site improvement plan, and large site improvement plan.
Approval by the Planning Commission for these applications is not required unless an appeal is filed in
accordance with Ch. 156 of the UDC. Concept plans are not subject to approval or denial.
(a) Reasons for Denial. The Planning Division may refuse administrative approval based on the
following criteria:
(i) Property Line Adjustment; Lot Split. The application does not comply with zoning and
development requirements including, but not limited to: Lot width, lot area, setback
requirements, buildable area, required parking, impervious surface, dedication of required
right-of-way or easements, etc., or the requested action would make an existing non-
conforming property or structure more non-conforming.
(ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the
proposed plat does not meet the zoning and development requirements of the UDC,
and/or the required improvements have not been completed or guaranteed in accordance
with Fayetteville Unified Development Code Chapter 158.
(iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small
or large site improvement plan for any of the following reasons:
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 6 of 19
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 2 of 5
(a) The development plan is not submitted in accordance with the requirements of
this chapter.
(b) The proposed development would violate a city ordinance, a state statute, or a
federal statute.
(c) The developer refuses to dedicate the street right-of-way, utility easements or
drainage easements required by this chapter.
(d) The proposed development would create or compound a dangerous traffic
condition. For the purpose of this section, a dangerous traffic condition shall be
construed to mean a traffic condition in which the risk of accidents involving
motor vehicles is significant due to factor such as, but not limited to, high traffic
volume, topography, or the nature of the traffic pattern.
(e) City water and sewer is not readily available to the property within the site
improvement plat area and the developer has made no provision for extending
such service to the development.
(f) The developer refused to comply with ordinance requirements or condition of
approval for on-site and off-site improvements.
(2) Subdivision Committee and Planning Commission Approval. The following applications shall be
approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below:
Large scale development, preliminary plat and concurrent plat.
(a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a
large scale development, preliminary plat or concurrent plat for any of the following reasons:
(i) The plat or development plan is not submitted in accordance with the requirements of this
chapter.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is s ignificant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development, preliminary plat, or concurrent plat and the developer has made no
provision for extending such service to the development.
(vi) The developer refused to comply with ordinance requirements or conditions of approval
for on-site and off-site improvements.
(D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body,
the applicant shall follow the procedures set forth below in order to record the plat or obtain construction
plan approval.
(1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall
submit copies of the approved plats containing all required signatures to the Planning Division for final
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 7 of 19
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 3 of 5
approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the
Planning Division as required.
(2) Preliminary Plat, Large Scale Development and Small or Large Site Improvement Plan. Receipt of the
approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
(i) Street plans, profiles and specification accompanied by soil analyses and design
calculations;
(ii) Storm drainage plans, profiles and specifications accompanied by soil analyses and design
calculations; and
(iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to
be reviewed and approved by City Engineering.
(iv) Final site plans, landscape plans, and other plans, reports and specifications required by the
city to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with site
preparation and construction in accordance with the permitted plans.
(E) Building Permits.
(1) Before a building permit is issued the developer shall:
(a) Dedication of Right-of-Way. Dedicate right-of-way in compliance with the city's Master Street
Plan, and in compliance with the requirements for on or off-site improvements.
(b) Dedicate all easements necessary to serve the development as required by the utility providers
and the city. This may be completed by easement plat or separate easement document(s), with
approval of the Planning Division.
(c) Comply with all applicable zoning and development codes.
(d) In addition, for small site improvement plans, large site improvement plans and large scale
developments, the developer shall:
(i) Obtain approval from the appropriate governing body.
(ii) On and Off-Site Improvements. Construct or guarantee required on- and off-site
improvements in accordance with UDC Chapter 158.
(iii) Complete applicable conditions of approval.
(2) In addition to §166.02(E), before a building permit is issued for site that develops and/or redevelops
between 1,201 and 10,000 square feet of impervious area, where a corresponding subdivision of land
is not proposed, the developer shall complete, and receive approval of, appropriate grading and
drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the
current City Drainage Criteria Manual per the table below. Impervious areas will be considered as
existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021
imagery.
Required Mitigation Measures and Documentation by Development Threshold
Development
Threshold
City-wide
Standard
Grading and Drainage/
Stormwater Documentation
Water Quality, Flood, and Tree
Mitigation Measures
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 8 of 19
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 4 of 5
Level 1 < or =
1,200 sf
of IA
Exempt from Grading and Drainage
provisions except for those still
associated with the Building Permit
process such as HHOD
Exempt
Level 2 1,201—
6,000 sf
of IA
• Completed Green Stormwater
Practice (GSP) Worksheet,
demonstrating Runoff Reduction
via Better Site Design.
• GSP Operation & Maintenance
(O & M) Agreement to ensure the
long-term functionality of these
practices.
• 2 or more measures from Step 1
of Table 2 that Reduce Runoff via
Better Site Design
• 1 or more Green Stormwater
Practices (GSPs) measures from
Step 2 of Table 2 as required to
treat 100% of the proposed
additional impervious and gravel
areas.
Level 3 6,001—
10,000 sf
of IA
Same as Level 2. • Same as Level 2.
• As needed GSP measures from
Step 3 to further reduce runoff
referred to as extended detention
• Abbreviated Tree Preservation
Plan
(F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale
development, large site improvement plan, or small site improvement plan shall be issued, and no final plat
or concurrent plat shall be signed for recordation until the following have been completed:
(1) The requirements for on and off-site improvements have been completed, and maintenance
bonds/guarantees deposited to city specifications.
(2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing:
(a) The location of all buildings and the setback distance for said buildings from street right-of-way
and adjoining property lines;
(b) The location of any freestanding signs and the setback distance of said signs from street right-of-
way and adjoining property lines;
(c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or
fences;
(d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines;
(e) The location and size of all stormwater features with associated drainage easements
demarcated, where applicable; and
(f) The location and quantity of existing and new impervious area on the property.
(3) The development has been inspected and approved by all applicable city divisions.
(4) All applicable conditions of approval have been completed.
(Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16—159.18; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh.
C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22)
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 9 of 19
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 5 of 5
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 10 of 19
Created: 2024-06-25 14:55:10 [EST]
(Supp. No. 33)
Page 1 of 1
169.03 Review And/Or Permits Required; Exceptions
(A) Grading Review Required. (Reference §166.02(E).)
(1) When located within the Hillside/Hilltop Overlay District boundaries. Parcels of land divided by the
Hillside/Hilltop Overlay District boundary shall only be subject to the requirements of this chapter on
that portion of land lying within the boundary;
(2) Construction of greater than 1,200 square feet of impervious area on a single site;
(B) Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling, excavation, or land
alteration of any kind shall require:
(1) Prior development approval as specified in Chapter 166, except for general grading to an existing
developed site that does not impact trees or floodplains and does not significantly alter the natural
landform;
(2) Development and/or redevelopment of an area of more than 10,000 square feet of impervious surface;
(3) A grading permit pursuant to this chapter; and
(4) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated
Stormwater Pollution Prevention Plan, if required by state law.
(C) Exceptions to Permit Requirements. Grading permits are not required for the following however the
Minimum Erosion Control Requirements in §169.04 still apply:
(1) Excavation Below Finish Grade. Excavations below finished grade for basements, swimming pools, hot
tubs, septic systems, retaining walls under 4 feet in height, and like structures authorized by a valid
building permit.
(2) Cemetery Graves. Cemetery graves.
(3) Refuse Disposal. Refuse disposal sites controlled by other regulations.
(4) Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require
the use of heavy construction equipment, French drains, yard grading, maintenance, farming, gardens,
and similar activities.
(D) Grading Permit Application and Approval. No grading permit shall be issued until the Grading and Erosion &
Sediment Control Plan, endorsed by an architect, landscape architect, or engineer licensed in the state of
Arkansas, is approved by the City Engineer. A separate permit shall be required for each site. Grading permits
may be issued jointly for parcels of land that are contiguous, so long as erosion control measures are in place
until project completion. Any application for a required grading permit under this chapter shall be submitted
concurrently with the application and calculations for a drainage permit if such a drainage permit is required
by §170.03. Tree Preservation and Protection is required in accordance with Chapter 167.
(E) Permit Posted. A copy of the grading permit cover page shall be posted at or near the street right-of-way line
and shall be clearly visible from the street.
(Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord.
No. 4313, 5-15-01; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169,
8-5-14; Ord. No. 5945, §18, 1-17-17; Ord. No. 6061, §4, 4-17-18; Ord. No. 6446, §11(Exh. F), 6-15-21)
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
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Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 1 of 2
166.01 Development Categories
(A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines
between adjoining property owners which does not create a separate, new lot. A property line adjustment
cannot dedicate new easements or right-of-way.
(B) Subdivision of Land.
(1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the
application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster
Housing Development, (C) Development Review Process, after the creation of more than four (4) lots
from an original parent tract as established under Washington County's countywide 1985 reappraisal.
Any subsequent subdivision of the parent or resulting tracts is required to be processed as a
preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right -of-way and
may be combined with an easement plat.
(2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or
resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided,
the application shall be processed as preliminary plat. A preliminar y plat establishes the preliminary
location of lot lines, streets, and utility infrastructure, and allows for the applicant to request
construction plan approval and install required improvements.
(3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities,
street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for
approval of the final plat. The final plat application may no t be submitted until the final inspection for
the required infrastructure has been scheduled with City Engineering staff.
(4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one (1) step. A
concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when
a parent or resulting tract has been subdivided three (3) or more times a nd is proposed to be further
subdivided, and the existing and new parcels do not require construction of new infrastructure.
(C) Site Plan.
(1) Large Scale Development. A large scale development is generally intended for development on a site of
1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area a
development and/or redevelopment area of more than 10,000 square feet of impervious surface and
where a corresponding subdivision of land is not proposed.
(a) Requirement. The development of the following must be processed in accordance with the
requirements for a large-scale development:
(i) A site 1 acre or greater in size and creating more than 10,000 square feet of new
impervious area developing and/or redeveloping an area of more than 10,000 square feet
of impervious surface;
(ii) Facilities emitting odors or handling explosives; and
(b) Excluded Developments. Developments creating less than 10,000 square feet of new impervious
area or a development on a lot or parcel Proposals developing and/or redeveloping an area of
10,000 square feet or less of impervious area or a development on a site in a zoning district
subject to administrative approval.
(2) Large Site Improvement Plan. A large site improvement plan review is intended for a large scale
development that is located on a site within a zoning district that permits administrative approval. A
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
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Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 2 of 2
large site improvement plan is subject to the requirements and excluded developments for a large
scale development listed in Fayetteville Unified Development Code §166.01(C)(1).
(3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a
site that is less than 1 acre in size and proposes a development and/or redevelopment area of more
than 10,000 square feet of impervious surface. with greater than 10,000 square feet of new impervious
area.
(a) Requirement. The development of the following must be processed in accordance with the
requirements for a small site improvement plan:
(i) A development that is excluded from large scale development or large site improvement
plan review and requires review by multiple city divisions;
(ii) A development and/or redevelopment area of more than 10,000 square feet of impervious
surface The creation of more than 10,000 square feet of impervious area for a
development on site of less than 1 acre within any zoning district.
(b) Excluded Developments. The construction of less than or equal to 10,000 square feet of new
impervious area shall be exempt from the site improvement plan requirements Proposals
developing and/or redeveloping an area of 10,000 square feet or less of impervious surface and
shall be submitted in accordance with the requirements of §166.02(E) and §166.15.
(4) Concept Plan. When a developer intends to develop or redevelop greater than 6,000 square feet and
less than 10,000 square feet of total impervious area within the city limits, they shall submit a concept
plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered
development plan for review. Developments below or above this threshold, or in the city’s planning
area boundary, may submit a concept plan to obtain feedback and recommendations prior to
submitting a fully engineered development plan for review. When a developer intends to subdivide
property within the city or city's planning area boundary, he/she shall submit a concept plan to obtain
feedback and recommendations from city staff prior and the Planning Commission to submitting a fully
engineered development plan for review. When a developer intends to develop greater than 10,000
square feet of new impervious area within the city or city's planning area boundary, they may submit a
concept plan to obtain feedback and recommend ations from city staff prior to submitting a fully
engineered development plan for review.
(D) Modifications.
(1) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in
an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to,
substitutions of one approved structural type for another, minor variati ons in placement of buildings in
such a way that the overall limits of approved floor area, open space, or rooms per acre are not
increased, and minor shifts in property line locations.
(2) Major Modifications. In the event that a developer wishes to make major modifications to an approved
development, such modifications shall be submitted to the approving body of the subdivision or site
plan, whether staff, Subdivision Committee, or the Planning Commission. Aft er submission, the
approving body shall approve or disapprove the requested modification.
(Code 1965, App. C., Art. II, §§A—D; Ord. No. 1750, 7-6-70; Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code
1991, §§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No. 3781, §1, 4 -19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4350, §1, 11-20-01; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 5945, §16, 1-17-17; Ord.
No. 6067, §1, 5-1-18; Ord. No. 6446, §8(Exh. C), 6-15-21)
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 13 of 19
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 1 of 5
166.02 Development Review Process
(A) Application Submittal
(1) Submittal. All development applications shall be submitted to the Planning Division and will be
processed for review in accordance with Planning Division operating procedures.
(B) Public Meetings. Development applications are required to be processed through the Technical Plat Review
Committee, Subdivision Committee, and Planning Commission as follows:
(1) Technical Plat Review Committee. The following development applications are required to be reviewed
by the Technical Plat Review Committee: Lot split, small site improvement plans, large site
improvement plans, large scale development, planned zoning district with or without concurrent
development, preliminary plat, final plat, and concurrent plat, and concept plan. After the Technical
Plat Review Committee meeting staff may administratively approve lot splits, final plats, small site
improvement plans, and large site improvement plans after review for compliance with all applicable
codes subject to UDC 166.02(C). No approval is necessary for concept plans.
(2) Subdivision Committee. The following development applications are required to be reviewed by the
Subdivision Committee: Large scale development, planned zoning district with concurrent
development, preliminary plat, and concurrent plat. From these applications, the Subdivision
Committee may approve only large scale developments. Large scale development applications that are
subject to administrative approval shall not be required to be reviewed by the Subdivision Committee .
(3) Planning Commission. The following development applications are required to be reviewed by the
Planning Commission. Large scale development forwarded by the Subdivision Committee, Ppreliminary
plat, concurrent plat, and planned zoning district with or without concurrent development. The
Planning Commission may approve, deny, table, or approve development applications with conditions.
A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to
City Council. Large scale development applications that are subject to administrative approval shall not
be required to be reviewed by the Planning Commission.
(C) Approval and Denial Criteria
(1) Administrative Approval. The following applications shall be approved administratively by the Planning
Division as long as the proposal meets all requirements of the Unified Development Code: Property line
adjustment, lot split, final plat, small site improvement plan, and large site improvement plan.
Approval by the Planning Commission for these applications is not required unless an appeal is filed in
accordance with Ch. 156 of the UDC. Concept plans are not subject to approval or denial.
(a) Reasons for Denial. The Planning Division may refuse administrative approval based on the
following criteria:
(i) Property Line Adjustment; Lot Split. The application does not comply with zoning and
development requirements including, but not limited to: Lot width, lot area, setback
requirements, buildable area, required parking, impervious surface, dedication of required
right-of-way or easements, etc., or the requested action would make an existing non-
conforming property or structure more non-conforming.
(ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the
proposed plat does not meet the zoning and development requirements of the UDC,
and/or the required improvements have not been completed or guaranteed in accordance
with Fayetteville Unified Development Code Chapter 158.
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
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Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 2 of 5
(iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small
or large site improvement plan for any of the following reasons:
(a) The development plan is not submitted in accordance with the requirements of
this chapter.
(b) The proposed development would violate a city ordinance, a state statute, or a
federal statute.
(c) The developer refuses to dedicate the street right-of-way, utility easements or
drainage easements required by this chapter.
(d) The proposed development would create or compound a dangerous traffic
condition. For the purpose of this section, a dangerous traffic condition shall be
construed to mean a traffic condition in which the risk of accidents involving
motor vehicles is significant due to factor such as, but not limited to, high traffic
volume, topography, or the nature of the traffic pattern.
(e) City water and sewer is not readily available to the property within the site
improvement plat area and the developer has made no provision for extending
such service to the development.
(f) The developer refused to comply with ordinance requirements or condition of
approval for on-site and off-site improvements.
(2) Subdivision Committee and Planning Commission Approval. The following applications shall be
approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below:
Large scale development, preliminary plat and concurrent plat.
(a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a
large scale development, preliminary plat or concurrent plat for any of the following reasons:
(i) The plat or development plan is not submitted in accordance with the requirements of this
chapter.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is s ignificant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development, preliminary plat, or concurrent plat and the developer has made no
provision for extending such service to the development.
(vi) The developer refused to comply with ordinance requirements or conditions of approval
for on-site and off-site improvements.
(D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body,
the applicant shall follow the procedures set forth below in order to record the plat or obtain construction
plan approval.
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 15 of 19
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 3 of 5
(1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall
submit copies of the approved plats containing all required signatures to the Planning Division for final
approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the
Planning Division as required.
(2) Preliminary Plat, Large Scale Development and Small or Large Site Improvement Plan. Receipt of the
approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
(i) Street plans, profiles and specification accompanied by soil analyses and design
calculations;
(ii) Storm drainage plans, profiles and specifications accompanied by soil analyses and design
calculations; and
(iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to
be reviewed and approved by City Engineering.
(iv) Final site plans, landscape plans, and other plans, reports and specifications required by the
city to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with site
preparation and construction in accordance with the permitted plans.
(E) Building Permits.
(1) Before a building permit is issued the developer shall:
(a) Dedication of Right-of-Way. Dedicate right-of-way in compliance with the city's Master Street
Plan, and in compliance with the requirements for on or off-site improvements.
(b) Dedicate all easements necessary to serve the development as required by the utility providers
and the city. This may be completed by easement plat or separate easement document(s), with
approval of the Planning Division.
(c) Comply with all applicable zoning and development codes.
(d) In addition, for small site improvement plans, large site improvement plans and large scale
developments, the developer shall:
(i) Obtain approval from the appropriate governing body.
(ii) On and Off-Site Improvements. Construct or guarantee required on- and off-site
improvements in accordance with UDC Chapter 158.
(iii) Complete applicable conditions of approval.
(2) In addition to §166.02(E), before a building permit is issued for site that creates develops and/or
redevelops between 1,201 and 10,000 square feet of new impervious area, where a corresponding
subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate
grading and drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as
well as the current City Drainage Criteria Manual per the table below. Impervious areas will be
considered as existing only if they are in place on March 3, 2021 which corresponds with the City of
Fayetteville 2021 imagery.
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 16 of 19
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 4 of 5
Required Mitigation Measures and Documentation by Development Threshold
Development
Threshold
City-wide
Standard
Grading and Drainage/
Stormwater Documentation
Water Quality, Flood, and Tree
Mitigation Measures
Level 1 < or =
1,200 sf
of IA
Exempt from Grading and Drainage
provisions except for those still
associated with the Building Permit
process such as HHOD
Exempt
Level 2 1,201—
6,000 sf
of IA
• Completed Green Stormwater
Practice (GSP) Worksheet,
demonstrating Runoff Reduction
via Better Site Design.
• GSP Operation & Maintenance
(O & M) Agreement to ensure the
long-term functionality of these
practices.
• 2 or more measures from Step 1
of Table 2 that Reduce Runoff via
Better Site Design
• 1 or more Green Stormwater
Practices (GSPs) measures from
Step 2 of Table 2 as required to
treat 100% of the proposed
additional impervious and gravel
areas.
Level 3 6,001—
10,000 sf
of IA
Same as Level 2. • Same as Level 2.
• As needed GSP measures from
Step 3 to further reduce runoff
referred to as extended detention
• Abbreviated Tree Preservation
Plan
(F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale
development, large site improvement plan, or small site improvement plan shall be issued, and no final plat
or concurrent plat shall be signed for recordation until the following have been completed:
(1) The requirements for on and off-site improvements have been completed, and maintenance
bonds/guarantees deposited to city specifications.
(2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing:
(a) The location of all buildings and the setback distance for said buildings from street right-of-way
and adjoining property lines;
(b) The location of any freestanding signs and the setback distance of said signs from street right-of-
way and adjoining property lines;
(c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or
fences;
(d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines;
(e) The location and size of all stormwater features with associated drainage easements
demarcated, where applicable; and
(f) The location and quantity of existing and new impervious area on the property.
(3) The development has been inspected and approved by all applicable city divisions.
(4) All applicable conditions of approval have been completed.
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 17 of 19
Created: 2024-06-25 14:55:08 [EST]
(Supp. No. 33)
Page 5 of 5
(Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16—159.18; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh.
C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22)
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 18 of 19
Created: 2024-06-25 14:55:10 [EST]
(Supp. No. 33)
Page 1 of 1
169.03 Review And/Or Permits Required; Exceptions
(A) Grading Review Required. (Reference §166.02(E).)
(1) When located within the Hillside/Hilltop Overlay District boundaries. Parcels of land divided by the
Hillside/Hilltop Overlay District boundary shall only be subject to the requirements of this chapter on
that portion of land lying within the boundary;
(2) Construction of greater than 1,200 square feet of impervious area on a single site;
(B) Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling, excavation, or land
alteration of any kind shall require:
(1) Prior development approval as specified in Chapter 166, except for general grading to an existing
developed site that does not impact trees or floodplains and does not significantly alter the natural
landform;
(2) Development and/or redevelopment of an area of more than 10,000 square feet of impervious surface;
Construction of new impervious area greater than 10,000 square feet;
(3) A grading permit pursuant to this chapter; and
(4) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated
Stormwater Pollution Prevention Plan, if required by state law.
(C) Exceptions to Permit Requirements. Grading permits are not required for the following however the
Minimum Erosion Control Requirements in §169.04 still apply:
(1) Excavation Below Finish Grade. Excavations below finished grade for basements, swimming pools, hot
tubs, septic systems, retaining walls under 4 feet in height, and like structures authorized by a valid
building permit.
(2) Cemetery Graves. Cemetery graves.
(3) Refuse Disposal. Refuse disposal sites controlled by other regulations.
(4) Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require
the use of heavy construction equipment, French drains, yard grading, maintenance, farming, gardens,
and similar activities.
(D) Grading Permit Application and Approval. No grading permit shall be issued until the Grading and Erosion &
Sediment Control Plan, endorsed by an architect, landscape architect, or engineer licensed in the state of
Arkansas, is approved by the City Engineer. A separate permit shall be required for each site. Grading permits
may be issued jointly for parcels of land that are contiguous, so long as erosion control measures are in place
until project completion. Any application for a required grading permit under this chapter shall be submitted
concurrently with the application and calculations for a drainage permit if such a drainage permit is required
by §170.03. Tree Preservation and Protection is required in accordance with Chapter 167.
(E) Permit Posted. A copy of the grading permit cover page shall be posted at or near the street right-of-way line
and shall be clearly visible from the street.
(Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord.
No. 4313, 5-15-01; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169,
8-5-14; Ord. No. 5945, §18, 1-17-17; Ord. No. 6061, §4, 4-17-18; Ord. No. 6446, §11(Exh. F), 6-15-21)
Planning Commission
July 22, 2024
ADM-2024-0036 (Amend UDC Chapters 166.01, Development Categories, 166.02, Development Review Process, 169.03, Review and or Permits Required, Exceptions)
Page 19 of 19
Form v1 52
NV\ A
Media RECEIVED
Account#: NWCL5004205 AUG 2 7 2024
Company: CITY OF FAYE I'I bVILLE-CLERKS OFF1 CI TY OF
FAYET
TEVILLE
COFFCE
113 W MOUNTAIN
FAYE I-I'EVILLE,AR 72701
Ad number#: 432831
PO#:
Matter of: ORD 6785
AFFIDAVIT•STATE OFARKANSAS
1. Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Cle^k of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTONBENTON county,Stale ofARKANSAS;that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6785
Pending in the court,in said County,and at the dates of the several publicat ons 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 fo-publication the sum of$589.76.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 08/25/24;NWA nwaonline.com 08/25/24
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State of ARKANSAS,County of Sebastian = ).• �OTARy 1/5:
Legal Clerk
Subscribed and sworn to before me on this 26th day of August,2024 =mPVgL\G
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Ordinance:6785 development on a site that is division Committee,preliminary
File Number: 2024-388 less than 1 acre in size and pro- plat, concurrent plat, and
ADMINISTRATIVE-2024-0036: poses a development and/or re- planned zoning district with or
(AMEND UDC CHAPTERS development area of more than without concurrent develop-
166.01,166.02,169.03): 10,000 square feet of impervi- ment.The Planning Commission
AN ORDINANCE TO AMEND§ ous surface. may approve,deny,table,or ap-
166.01 DEVELOPMENT CATE- (a)Requirement.The devel- prove development applications
GORIES, § 166.02 DEVELOP- opment of the following must be with conditions.A planned zon-
MENT REVIEW PROCESS AND§ processed in accordance with ing district cannot be approved
169.03 REVIEW AND/OR PER- the requirements for a small site by the Planning Commission,
MITS REQUIRED; EXCEPTIONS improvement plan: but may be forwarded to City
OF THE FAYETTEVILLE CITY (i)A development that is ex- Council."
CODE TO ADDRESS DEVELOP- eluded front large scale devel- Section 5: That the City
MENT CLASSIFICATIONS,CON- opment or large site Council of the City of Fayet-
CEPT PLAN REQUIREMENTS, improvement plan review and teville,Arkansas hereby amends
AND GRADING PERMIT RE- requires review by multiple city §166.02(C)(1)by inserting the
QUIREMENTS divisions; following language at the end of
WHEREAS,the City Council of (ii)A development and/or re- the subsection:"Concept plans
the City of Fayetteville,Arkansas development area of more than are not subject to approval or
approved major ordinance 10,000 square feet of impervi- denial." •
changes in 2021 to revamp the ous surface on site of less than Section 6:That the City Coun-
drainage and development 1 acre within any zoning dis- cil of the City of Fayetteville,
standards and incentivize infill; trict. Arkansas hereby repeals §
and (b)Excluded Developments. 166.02(E)(2)and enacts the fol-
WHEREAS, City staff moni- Proposals developing and/or re- lowing replacement language:
toned the outcomes of these or- developing an area of 10,000 "(E)(2) In addition to •
dinance changes and identified square feet or less of impervi- §166.02(E),before a building
provisions of the Fayetteville ous surface and shall be sub- permit is issued for site that de-
City Code which required revi- miffed in accordance with the vetoes and/or redevelops be-
lion and clarification based on requirements of§166.02(E)and tween 1,201 and 10,000 square
their observation;and §166.15." feet of impervious area,where
WHEREAS,City staff proposed Section 3: That the City a corresponding subdivision of
amendments to § 166.01, § Council of the City of Fayet- land is not proposed,the deed-
166.02 and § 169.03 of the teville,Arkansas hereby repeals oper shall complete,and receive
Fayetteville City Code which §166.01(C)(4)and enacts the approval of,appropriate grading
would reclassify large-scale de- following replacement Ian- and drainage documentation •
velopments,large site improve- guage: demonstrating compliance with
meet plans, and small site "(C)(4)Concept Plan.When a UDC Chapters 169 and 170 as
improvement plans to be tied to developer intends to develop or well as the current City
the amount of development or redevelop greater than 6,000 Drainage Criteria Manual per
redevelopment of impervious square feet and less than the table below. Impervious
surface area,rather than new 10,000 square feel of total im- areas will be considered as ex-
impervious surface area,to re- pervious area within the city fisting only if they are in place on
quire concept plans when a limits,they shall submit a con- March 3, 2021 which corre-
project proposes to develop or cept plan to obtain feedback sponds with the City of Fayet-
redevelop greater than 6,000 and recommendations from city teville 2021 imagery."
square feet and less than staff prior to submitting a fully Section 7:Thatthe City Coen-
10,000 square feet of impervi- engineered development plan cif of the City of Fayetteville,
ous surface area,and to clarify for review.Developments below Arkansas hereby repeals §
that grading permits are re- or above this threshold,or in the 169.03(8)(2)and enacts the fol-
attired when a project is devel- city's planning area boundary, lowing replacement language:
aping or redeveloping more than may submit a concept plan to "(B)(2) Development and/or
10,000 square feet of impervi- obtain feedback and recom- redevelopment of an area of
ous surface area;and mendations prior to submitting more then 10,000 square feet of
WHEREAS,the Planning Com- a fully engineered development impervious surface:"
mission voted unanimously to plan for review." Section 8: That the City
recommend approval of these Section 4:That the City Coun- Council of the City of Fayet-
changes to 166.01,166.02 and cii of the City of Fayetteville, teville,Arkansas hereby deter-
169.03 at its meeting held on Arkansas hereby repeals § mines that applications under
July 22,2024. 166.02(B)and enacts the fol- full grading permit or building
NOW THEREFORE,BE IT OR- lowing replacement language: permit review as of the effective
DAINED BY THE CITY COUNCIL "(B)Public Meetings.Devel- dote of this Ordinance shall be
OF THE CITY OF FAYETTEVILLE, opment applications are re- entitled to proceed pursuant to
ARKANSAS: quired to be processed through the processes and standards
Section 1: That the City the Technical Plat Review Com- that were in effect at the time
Council of the City of Fayet- mittee,Subdivision Committee, the application was submitted.
teville,Arkansas hereby repeals and Planning Commission as This exception applies only to
§166.01(C)(1)and enacts the follows: those processes and standards
following replacement Ian- (1) Technical Plat Review amended by this Ordinance.
guage: Committee.The following devel- Applications submitted after the
"(C)(1)Large Scale Develop- opment applications are re- effective date or projects that
mast.A large scale develop- quired to be reviewed by the expire must comply with the
ment is generally intended for Technical Plat Review Commit- processes and standards
development on a site of 1 acre tee: Lot split, small site int- adopted in this Ordinance.
or greater in size and proposes provement plans, large site PASSED and APPROVED on
to a development and/or rede- improvement plans,large scale August 20,2024
velopment area of more than development, planned zoning Approved:
10,000 square feet of impervi- district with or without concur- Lioneld Jordan,Mayor
ous surface and where a come- rent development,preliminary Attest:
spending subdivision of land is plat,final plat,concurrent plat, Kara Paxton,
not proposed. and concept plan. After the City Clerk Treasurer
(a)Requirement.The devel- Technical Plat Review Commit- This publication was paid for
opment of the following must be tee meeting staff may adminis- by the City Clerk-Treasurer of
processed in accordance with tratively approve lot splits,final the City of Fayetteville,
the requirements for a large- plats,small site improvement Arkansas.
scale development: plans,and large site improve- Amount Paid:$589.76
(i)A site 1 acre or greater in ment plans after review for August 5,2024 432831
size and developing and/or re- compliance with all applicable
developing an area of more than codes subject to UDC 166.02(C).
10,000 square feet of impervi- No approval is necessary for
ous surface; concept plans.
(ii)Facilities emitting odors or (2) Subdivision Committee.
handling explosives;and The following development ap-
(b)Excluded Developments. plications are required to be re-
Proposals developing and/or re- viewed by the Subdivision
developing an area of 10,000 Committee:Large scale devel-
square feet or less of impervi- opment,planned zoning district
ous area or a development on a with concurrent development,
site in a zoning district subject preliminary plat,and concurrent
to administrative approval." plat.From these applications,
Section 2: That the City the Subdivision Committee may
Council of the City of Fayet- approve only large scale devel-
tevUle,Arkansas hereby repeals opments.
§166.01(C)(3)and enacts the (3)Planning Commission.The
following replacement Ian- following development applica-
guage: lions are required to be re •
-
"(C)(3)Small Site Improve- viewed by the Planning
ment Plan.A small site improve- Commission.Large scale devel-
ment plan review is intended for opment forwarded by the Sub-