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HomeMy WebLinkAboutOrdinance 7007 Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 7007 File Number: 2026-1105 AN ORDINANCE TO PROVIDE FOR THE CONSERVATION AND PROTECTION OF CERTAIN CITY- OWNED REAL PROPERTY, TO ESTABLISH PERMITTED AND PROHIBITED USES; AND FOR OTHER PURPOSES. WHEREAS, the City of Fayetteville (the “City”) is the owner in fee simple of certain real property located within the municipal boundaries of the City, more particularly described in Exhibit A attached hereto and incorporated by reference (the “Property”); and WHEREAS, the City has entered into a subrecipient agreement with Metroplan, and the Northwest Arkansas Regional Planning Commission, and the Watershed Conservation Resource Center for a United States Environmental Protection Agency (EPA) Climate Pollution Reduction Grant (CPRG) to implement a project for public land restoration, stream restoration, land protection, and trail construction; and WHEREAS, the stipulations of the grant require the conservation of the project area until the year 2050, at minimum, to incur maximum greenhouse gas reduction benefits; and WHEREAS, Arkansas Code Annotated § 14-54-101, and other applicable provisions of Arkansas law authorize municipalities to acquire, hold, manage, and regulate real property for public purposes, including parks, open space, and conservation; and WHEREAS, the City Council desires to formally designate the Property for conservation purposes and to restrict its use accordingly to ensure long-term protection. 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 adopts the foregoing recitals as findings of fact. The purpose of this Ordinance is to conserve and protect the Restoration Area in its restored condition for the benefit of present and future residents, consistent with applicable Arkansas law and consistent with the provisions of the EPA Climate Pollution Reduction Grant. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby designates the Restoration Area described in Exhibit A as Conserved City Land. This designation shall run with the land unless amended or repealed by ordinance in accordance with Arkansas law. The designation as Conserved City Land means that the Property shall be subject to the regulations and conditions regarding permitted uses, prohibited uses, and compliance with applicable federal laws as shown in Exhibit B attached hereto. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby declares that this Ordinance may be amended or repealed only by a subsequent ordinance adopted by the City Council. Any amendment or repeal prior to Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Ordinance: 7007 File Number: 2026-1105 Page 2 the year 2050 may result in penalties imposed by the EPA due to the violation of the stipulations of the Climate Pollution Reduction Grant (CPRG) and executed subrecipient agreement to conserve the land until the year 2050 to incur maximum greenhouse gas reduction benefits. These penalties could result in repayment of the full amount of subaward funding or as otherwise determined by EPA. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby declares that if any provision of this Ordinance is held invalid or unconstitutional, such invalidity shall not affect the other provisions, which shall remain in full force and effect. PASSED and APPROVED on June 16, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $255.36 Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-1105 MEETING OF JUNE 16, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff FROM: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs SUBJECT: Conservation Ordinance for Properties Included in the Climate Pollution Reduction Grant RECOMMENDATION: Staff recommends approval of an ordinance establishing conservation requirements until the year 2050 on properties associated with the Climate Pollution Reduction Grant. BACKGROUND: On July 22nd, 2024, the Environmental Protection Agency (EPA) announced that the Tri- Region Arkansas Coalition was selected for a $99,999,999 Climate Pollution Reduction Grant (CPRG) award for its "Energy and Environment Innovation for the Natural State" proposal. Northwest Arkansas is receiving approximately $36.25 million of the $99,999,999 million in CPRG funding awarded by the Environmental Protection Agency to the Arkansas Tri- Region Coalition to implement each region's Energy and Environment Innovation Priority Action Plan. The grant is aimed at reducing greenhouse gas emissions and carbon sequestration. On November 19th, 2024, Resolution 279-24 authorized the City of Fayetteville to accept and enter into a sub- award grant agreement with the Arkansas Tri- Region Energy and Environment Innovation Coalition to utilize sub-awarded funds for EPA climate pollution reduction grant project implementation. Those projects include the following: DISCUSSION: Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov The grant requires properties that are being restored to be protected and conserved until 2050 to maximize greenhouse gas reduction benefits included in the grant application. Staff worked with MetroPlan to draft a conservation ordinance that largely aligns with the Streamside Protection regulations, and also allows for recreational uses such as passive parks and trails, streambank restoration, invasive species removal, maintenance and other land management activities. Prohibited uses include construction activities such as grading, dredging and filling; landfills, land clearing, parking lots, building footprints larger than 150 square feet and other development related activities. A full list of permitted and prohibited uses can be found in the proposed ordinance. BUDGET/STAFF IMPACT: None. ATTACHMENTS: 3. Staff Review Form, 4. Conservation Ordinance, 5. Exhibit A - Properties, 6. Exhibit B - Conservation Ordinance Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-1105 AN ORDINANCE TO PROVIDE FOR THE CONSERVATION AND PROTECTION OF CERTAIN CITY-OWNED REAL PROPERTY, TO ESTABLISH PERMITTED AND PROHIBITED USES; AND FOR OTHER PURPOSES. WHEREAS, the City of Fayetteville (the “City”) is the owner in fee simple of certain real property located within the municipal boundaries of the City, more particularly described in Exhibit A attached hereto and incorporated by reference (the “Property”); and WHEREAS, the City has entered into a subrecipient agreement with Metroplan, and the Northwest Arkansas Regional Planning Commission, and the Watershed Conservation Resource Center for a United States Environmental Protection Agency (EPA) Climate Pollution Reduction Grant (CPRG) to implement a project for public land restoration, stream restoration, land protection, and trail construction; and WHEREAS, the stipulations of the grant require the conservation of the project area until the year 2050, at minimum, to incur maximum greenhouse gas reduction benefits; and WHEREAS, Arkansas Code Annotated § 14-54-101, and other applicable provisions of Arkansas law authorize municipalities to acquire, hold, manage, and regulate real property for public purposes, including parks, open space, and conservation; and WHEREAS, the City Council desires to formally designate the Property for conservation purposes and to restrict its use accordingly to ensure long-term protection. 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 adopts the foregoing recitals as findings of fact. The purpose of this Ordinance is to conserve and protect the Restoration Area in its restored condition for the benefit of present and future residents, consistent with applicable Arkansas law and consistent with the provisions of the EPA Climate Pollution Reduction Grant. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby designates the Restoration Area described in Exhibit A as Conserved City Land. This designation shall run with the land unless amended or repealed by ordinance in accordance with Arkansas law. The designation as Conserved City Land means that the Property shall be subject to the regulations and conditions regarding permitted uses, prohibited uses, and compliance with applicable federal laws as shown in Exhibit B attached hereto. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby declares that this Ordinance may be amended or repealed only by a subsequent ordinance adopted by the City Council. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Ordinance: 7007 File Number: 2026-1105 Page 2 Any amendment or repeal prior to the year 2050 may result in penalties imposed by the EPA due to the violation of the stipulations of the Climate Pollution Reduction Grant (CPRG) and executed subrecipient agreement to conserve the land until the year 2050 to incur maximum greenhouse gas reduction benefits. These penalties could result in repayment of the full amount of subaward funding or as otherwise determined by EPA. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby declares that if any provision of this Ordinance is held invalid or unconstitutional, such invalidity shall not affect the other provisions, which shall remain in full force and effect. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 City of Fayetteville Staff Review Form 2026-1105 Item ID 5/5/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Alison Jumper 3/9/2026 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of an ordinance establishing conservation requirements until the year 2050 on properties associated with the Climate Pollution Reduction Grant. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item?No Total Amended Budget $- Expenses (Actual+Encum)$- Available Budget $- Does item have a direct cost?No Item Cost $- Is a Budget Amendment attached?No Budget Amendment $- Remaining Budget $- Purchase Order Number:Previous Ordinance or Resolution #279-24 Change Order Number:Approval Date:11/19/2024 Original Contract Number: Comments: Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 ORDINANCE _____ AN ORDINANCE TO PROVIDE FOR THE CONSERVATION AND PROTECTION OF CERTAIN CITY-OWNED REAL PROPERTY, TO ESTABLISH PERMITTED AND PROHIBITED USES; AND FOR OTHER PURPOSES. WHEREAS, the City of Fayetteville (the “City”) is the owner in fee simple of certain real property located within the municipal boundaries of the City, more particularly described in Exhibit A attached hereto and incorporated by reference (the “Property”); and WHEREAS, the City has entered into a subrecipient agreement with Metroplan, and the Northwest Arkansas Regional Planning Commission, and the Watershed Conservation Resource Center for a United States Environmental Protection Agency (EPA) Climate Pollution Reduction Grant (CPRG) to implement a project for public land restoration, stream restoration, land protection, and trail construction; and WHEREAS, the stipulations of the grant require the conservation of the project area until the year 2050, at minimum, to incur maximum greenhouse gas reduction benefits; and WHEREAS, Arkansas Code Annotated § 14-54-101, and other applicable provisions of Arkansas law authorize municipalities to acquire, hold, manage, and regulate real property for public purposes, including parks, open space, and conservation; and WHEREAS, the City Council desires to formally designate the Property for conservation purposes and to restrict its use accordingly to ensure long-term protection. 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 adopts the foregoing recitals as findings of fact. The purpose of this Ordinance is to conserve and protect the Restoration Area in its restored condition for the benefit of present and future residents, consistent with applicable Arkansas law and consistent with the provisions of the EPA Climate Pollution Reduction Grant. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby designates the Restoration Area described in Exhibit A as Conserved City Land. This designation shall run with the land unless amended or repealed by ordinance in accordance with Arkansas law. The designation as Conserved City Land means that the Property shall be subject to the regulations and conditions regarding permitted uses, prohibited uses, and compliance with applicable federal laws as shown in Exhibit B attached hereto. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Section 3: That the City Council of the City of Fayetteville, Arkansas hereby declares that this Ordinance may be amended or repealed only by a subsequent ordinance adopted by the City Council. Any amendment or repeal prior to the year 2050 may result in penalties imposed by the EPA due to the violation of the stipulations of the Climate Pollution Reduction Grant (CPRG) and executed subrecipient agreement to conserve the land until the year 2050 to incur maximum greenhouse gas reduction benefits. These penalties could result in repayment of the full amount of subaward funding or as otherwise determined by EPA. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby declares that if any provision of this Ordinance is held invalid or unconstitutional, such invalidity shall not affect the other provisions, which shall remain in full force and effect. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Exhibit A: Legal Descriptions Parcel 765-15145-001: Part of the W 1/2 of the SE 1/4 of Section 22, Township 16 North Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at the Southwest corner of the NW 1/4 of the SE 1/4 of said Section 22; Thence S 49°37'02" E 68.92 feet to the point of beginning, said point being on the proposed East right-of-way of South Morningside Drive; Thence along said proposed East right-of-way N 03°03'31" E 271.93 feet; Thence leaving said proposed East right-of-way S 86°49'28" E 267.94 feet; Thence S 74°17'22" E 1015.54 feet to the Northeast corner of the SW 1/4 of the SE 1/4; Thence along the East line thereof S 02°36'36" W 333.36 feet; Thence leaving said East line N 87°14'55" W 882.24 feet; Thence N 49°37'02" W 476.86 feet to the point of beginning, containing 12.37 acres, more or less. Parcel 765-19970-000: Part of the SW ¼ of the SW ¼ of Section 23 Township 16 Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at the NW corner of the SW ¼ of the SW ¼ of said section 23, thence S 82°46’43” E 811.1 feet to the point of beginning, thence S 4°44’58” W 390.36 feet, thence S 82°46’43” E 551.13 feet, thence N 2°49’17” E 391.15 feet, thence N 82°46’43” W 537.96 feet to the point of beginning containing 4.88 acres, more or less. Parcel 765-19969-000: Part of the SW ¼ of the SW ¼ of Section 23 Township 16 Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at the NW corner of the SW ¼ of the SW ¼ of said section 23; Thence S 82°46’43” E 273.14 feet to the point of beginning, thence S 7°13’19” W 365.01 feet, thence S 82°46’40” E 65.03 feet, thence right along a curve with a radius of 61.78 feet from the center of the cul-de- sac at South Leeper Drive with an arc length of 56.86 feet, thence S 82°46’43” E 441.04 feet, thence N 4°44’58” E 390.36 feet, thence N 82°46’43” E 537.96 feet to the point of beginning containing 4.83 acres, more or less. Parcel 756-19971-000: Part of the SW ¼ of the SW ¼ and part of the NW1/4 of the SW ¼ of Section 23 Township 16 Range 30 West, Washington County, Arkansas, more particularly described as follows: All property encompassed by the Western line of the SW ¼ of said Section 23, the Town Branch river on the Southern side, South Armstrong Avenue to the East, with the Northern boundary being described as follows: Commencing at the NE corner of the SW ¼ of the SW ¼ of said Section 23, thence N 11°02’02” W 132.37 feet to the beginning of the Northern boundary, thence N 88°32’55” W 1,295.53 feet to the end of the Northern boundary, containing 9.24 acres, more or less. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Parcel 756-19972-000: Part of the SW ¼ of the SW ¼ of Section 23 Township 16 Range 30 West, Washington County, Arkansas, more particularly described as follows: All property encompassed by the Southern boundary described as follows: Commencing at the NW corner of the SW ¼ of the SW ¼ of said Section 23, thence S 3°01’20” W 420.84 feet to the start of the southern boundary, thence S 82°46’59” E 1,352.08 feet to the end of the boundary; the Eastern boundary being South Armstrong Avenue; the Northern boundary being the Town Branch river and the Western boundary being the Western line of SW ¼ of said Section 23; containing 8.79 acres, more or less. Parcel 765-16565-000: Part of the SE ¼ of the SE ¼ of Section 22 Township 16 Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at the NE corner of the SE ¼ of the SE ¼ of said Section 22, thence N 88°47’ 39” W 8.25 feet to the point of beginning, thence N 87°27’42” W 1,313.91 feet, thence S 2°39’19” W 313.83 feet, thence S 82°46’44” E 1,318.55 feet, thence N 2°25’10” E 421.70 feet to the point of beginning, containing 11.10 acres, more or less. Parcel 765-19945-000: Part of the SE ¼ of the SW ¼ of Section 23 Township 16 Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at the NW corner of the SE ¼ of the SW ¼ of said Section 23, thence S 14°09’01” E 359.31 feet to the point of beginning, thence S 02°49’ 16” W 83.02 feet, thence S 87°10’39” E 45 feet, thence S 02°49’17” W 100 feet, thence N 87°10’44” W 45 feet, thence S 02°49’17” W 574.49 feet, thence N 77°36’17” E 829.26 feet, thence N 01°35’17” E 155.96 feet, thence S 87°12’44” E 340.52 feet to the West Fork White river, thence northwards along the West Fork White River to the Town Branch River, thence westwards along the Town Branch river to the point of beginning, containing 15.19 acres, more or less. Parcel 765-14984-005: Part of the NE 1/4 of the SE 1/4 of Section 21, Township 16, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at a set nail and washer in 15th Street (AR St. Hwy. 16) being the NW corner of said NE 1/4 of the SE 1/4; thence along the northerly line of said tract S 86°47'43" E 282.23 feet; thence leaving said northerly line S 03°12'01” W 50.39 feet to a set iron pin on the southerly right-of-way of 15th Street (AR St. Hwy. 16) as per Instrument No. 2007-27048 filed with the Circuit Clerk of said county, said point being the point of beginning; thence leaving said right-of-way the following courses: S 04°33'27" W 125.97 feet to a set iron pin; S 18°32'05" E 35.86 feet to a set iron pin; S 40°22'53" E 134.15 feet to a set iron pin; S 55°21'08" E 57.71 feet to a set iron pin; S 02°45'26" E 155.78 feet to a set iron pin; S 83°06'06" E 8.88 feet to a set iron pin; S 07°03'11" E 259.18 feet to a set iron pin; S 41°41'01" E 176.23 feet to a set iron pin; S 52°02'23" E 74.26 feet to a set iron pin; S 28°52'24" W 111.80 feet to the centerline of Town Branch Creek as per Instrument No. 99-55780; thence along said centerline N 62°31'45" W 156.16 feet to the confluence of said Town Branch Creek with the Spout Springs Branch (formerly known as Tin Cup Creek) as per said Instrument No. 99-55780; Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 thence along the centerline of said Spout Springs Branch the following courses: N 24°12'54" W 224.72 feet; N 08°52'00" W 169.79 feet; N 18°25'35" E 118.03 feet; N 14°38'49" W 104.38 feet; N 28°38'25" W 356.28 feet to the southerly right-of-way of 15th Street (AR St. Hwy. 16) as per Arkansas State Highway Commission Job No. 9458; thence along said southerly right-of-way S 86°46'16" E 46.08 feet to a found iron pin (P.S. 1349); thence continuing along said right-of-way N 03°01'06" E 19.00 feet to a set iron pin on said southerly right-of-way of 15th Street (AR St. Hwy. 16) as per said 2007- 27048; thence along said right-of-way S 87°12'12" E 64.15 feet to the point of beginning, containing 2.157 acres, more or less. Parcel 765-14877-004: (West Tract) A part of the E 1/2 of the NE 1/4 of the SW 1/4 of Section 20, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Beginning at a Point that is S 02°31'15" W 841.55 feet from the NW corner of said E 1/2 of the NE 1/4 of the SW 1/4; thence S 36°36'40" E 197.86; Thence S 59°51'34" E 42.63 feet; Thence S 75°10'38" E 259.86 feet; Thence S 71°35'14" E 184.03 feet to a point on the West right-of-way for Beechwood Avenue (Arkansas Highway 16 Bypass); thence continuing Southwesterly along said West right- of-way line for Beechwood Avenue along a 236.50 foot radius curve to the right having a delta angle of 65°52'31", an arc distance of 271.91 feet (the long chord of which bears S 60°54'27" W a distance of 257.18 feet); thence S 3°50'46" W 9.62 feet to a point on the North right-of-way line for 18th Street (Arkansas Highway 16 Bypass); thence along said North right-of-way for 18th Street N 87°10'48" W 374.29 feet to the West line of the E 1/2 of said NE 1/4 of the SW 1/4; thence N 2°31'15" E 421.47 feet to the Point of Beginning, containing 2.96 acres, more or less. Subject to all easements and/or rights-of- way of record. (East Tract) Part of the NW 1/4 of the SE 1/4 of Section 20, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: From the NW corner of the NW 1/4 of the SE 1/4 of said Section 20, thence N 87°13'22" W 464.78 feet; thence S 02°46'38" W 75.95 feet to a point on the South right- of-way for 15th Street in the center line of a ditch; thence along the center line of said ditch as follows: S 13°52'53" W 157.39 feet: thence S 17°38'29" E 138.54 feet; thence S 64°04'53" E 36.47 feet; thence S 0°11'38" E 193.83 feet: thence S 14°47'06" E 210.18 feet to the Point of Beginning; thence S 14°47'06" E 17.28 feet; thence S 30°02'00" E 82.11 feet to the West right-of-way for Razorback Road; thence S 18°21'12" W 85.18 feet; thence leaving said right-of-way for Razorback Road N 80°00'00" W along a creek 160.53 feet: thence N 26°42'27" W 82.42 feet; thence N 87°11'07" W 47.00 feet; thence S 43°05'33" W 42.72 feet; thence S 04°20'41" E 36.68 feet; thence S 30°46'23" W 139.36 feet; thence S 42°18'32" W 60.19 feet; thence S 03°00'17" W 234.86 feet to a point on the North line of Meadow Vale Subdivision; thence along the North line of Meadow Vale Subdivision N 87°09'34" W 220.24 feet to the NW corner of said Subdivision; thence along the East right-of-way of Ashwood Avenue N 03°26'28" E 20.00 feet; thence along the North right-of-way of 18th Street N 87°33'13" W 354.43 feet; thence along the East right-of-way of Arkansas Highway 16 Bypass N 02°11'12" E 143.59 feet; thence S Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 78°39'51" E 53.12 feet; thence N 88°19'10" E 235.14 feet; thence N 35°56'02" E 105.81 feet; thence N 71°19'21" E 245.73 feet; thence N 18°31'30" E 129.19 feet; thence N 79°34'14" E 45.32 feet; thence N 10°25'46" W 19.85 feet; thence N 79°34'14" E 92.66 feet: thence S 10°25'46" E 19.85 feet; thence N 79°34'14” E 185.64 feet to the Point of Beginning, containing 3.89 acres, more or less. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Esri, NASA, NGA, USGS, FEMA, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community Properties Described in Exhibit A Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Exhibit B 1. Permitted Uses. The following may be permitted on the Property, provided that streamside best management practices are followed, and that these uses and any necessary construction is designed and built to minimize the impact upon streamside areas and minimize any excavation or filling that will only be allowed by express authorization of the City Engineer. All construction, grading, excavation or filling must also fully comply with all necessary local, state and federal permits. (a) Open space uses that are primarily passive in character including: preserves, fishing areas and docks, parkland, and natural trails. (b) Streambank restoration or stabilization. (c) Water quality monitoring, education and scientific studies. (d) Revegetation, reforestation, and forestry best management practices such as thinning. (e) Dam maintenance. (f) Paved trails or other impervious surfaces not exceeding 12 feet in width. Such area may not be used to park vehicles except for the temporary purpose of accessing the site for maintenance. (g) Stream crossings, including driveways, roadways, trails, or railroads when the City Engineer determines there is no practical and feasible alternative. (h) Maintenance and upgrades of existing utility facilities. (i) New utility facilities when the City Engineer determines there is no practical and feasible alternative. (j) Management of lawns and gardens. (k) Removal of dead vegetation, pruning for reasons of public safety, removal of invasive species. (l) Application of any fertilizer, herbicide, pesticide, or insecticide shall be allowed only if their harmful effect on water quality is prevented by ensuring no over-application or misapplication occurs. (m) Maintenance of drainage capacity in the channel including tree and sediment removal. (n) New stormwater conveyances when the City Engineer determines that there is no practical and feasible alternative. (o) Accessory structures without a foundation and no larger than 150 square feet, including storage sheds, playground equipment, gazebos, decks, etc. (p) Active recreational uses compatible with conservation, such as trails, interpretive areas, and small picnic or overlook facilities, but excluding organized sports fields or uses requiring extensive mowing or grading. The Property described in Exhibit A shall be maintained in accordance with the submitted maintenance plan and used in a manner that maintains the integrity and function of the reported improvements and complies with applicable grant requirements. (q) Systems, equipment, and devices funded under the CPRG shall be properly operated and maintained for their expected lifespan in accordance with commonly accepted design standards, specifications, and applicable grant requirements. (r) Activities outlined in the CPRG Town Branch Corridor Management Plan prepared by Watershed Conservation Resource Center and dated June 9, 2025, for the Property. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 2. Prohibited Uses. Establishment of the following uses/activities after the effective date of this ordinance shall be prohibited on the Property except where necessary to allow an activity permitted by section 3. a) Grading, dredging, dumping, filling, or similar construction activities. b) Landfills, junkyards, salvage yards. c) Clearing of non-invasive woody vegetation. d) Storage of hazardous materials or chemicals unless within waterproof containers and within a structure. e) Parking lots. f) Buildings and accessory structures with a building footprint larger than 150 square feet, except for structures which are opened on all sides, for example a boardwalk or pavilion. g) Parking or storage of motor vehicles. h) Septic systems and/or lateral lines. i) In-ground pools. j) Animal feedlots or kennels. k) Housing, grazing or other maintenance of livestock. l) Land application of biosolids. 3. Federal Real Property Requirements and Non-Conversion. a) Use and encumbrance: The Property acquired or improved with federal funds under CPRG shall be used for the originally authorized purpose as long as needed for that purpose. The City shall not dispose of, encumber, or otherwise alter its title or other interests in the Property without prior written approval or disposition instructions from the United States Environmental Protection Agency (EPA), consistent with 2 CFR 200.311. b) Recordation of federal interest: The Mayor and City Clerk-Treasurer are authorized and directed to execute and record in the real property records a Notice of Federal Interest, lien, or similar instrument indicating that the Property has been acquired or improved with federal funding and that federal use and disposition conditions apply, as authorized by 2 CFR 200.316. c) Disposition when no longer needed: When the Property is no longer needed for the originally authorized purpose, the City shall obtain disposition instructions from EPA and comply with those instructions, which may include retention with compensation, sale with compensation, or transfer of title, consistent with 2 CFR 200.311. d) Non-conversion prior to 2050: The City shall not convert the Property or any CPRG- funded improvements to a non-conservation use, nor dispose of or encumber the Property, prior to December 31, 2050, without prior written approval from Metroplan and, as applicable, EPA. Any approved conversion or disposition shall comply with EPA instructions, including compensation or mitigation requirements. 4. Construction and Procurement Compliance (DBRA and BABA) Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 a) Davis–Bacon and Related Acts (DBRA): Construction activities funded in whole or in part by CPRG shall comply with DBRA requirements, including payment of prevailing wages and inclusion of applicable contract clauses and wage determinations, consistent with 29 CFR Parts 1 and 5. The City shall include required DBRA provisions in all bids and contracts under this grant and provide oversight to ensure contractor compliance. b) Build America, Buy America (BABA): The City shall include applicable BABA terms in subawards, requests for proposals, solicitations for bids, and all contracts, and shall ensure compliance with BABA requirements for covered infrastructure. 5. Federal Environmental Compliance and Climate Resilience a) Federal environmental requirements: Activities under this Ordinance shall comply with applicable federal requirements, including but not limited to: Clean Water Act Sections 404/401 and NPDES stormwater permitting; the Endangered Species Act (50 CFR Part 402); the National Historic Preservation Act Section 106 consultation requirements; the Archeological and Historic Preservation Act (stop-work and notification upon discovery of artifacts); and the Farmland Protection Policy Act, as applicable. b) Climate resilience: To the extent practicable, the City shall incorporate current and future climate risk into the planning, siting, design, and operation of CPRG-funded projects consistent with CPRG programmatic terms. 6. Signage and Public Communications Use of logos: The City shall acknowledge EPA support in public communications consistent with EPA logo use policy, ensuring EPA’s logo is not displayed in a manner that implies EPA conducts City activities, and including appropriate acknowledgment text. 7. Health and Safety Health and Safety Plan: Before beginning field work, the City shall maintain an OSHA-compliant health and safety plan (29 CFR 1910.120) available to EPA upon request. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816