HomeMy WebLinkAboutOrdinance 3551 FILED FOR RECORD
ORDINANCE NO . 3551 x�++'91 JON gg13 fl 42
AN ORDINANCE ESTABLISHING ENuONMEfD qR
STANDARDS FOR THE PHYSICAL ALTERATION OF LARIKOLLM EVER
AND PROVIDING REGULATIONS AND PERMITTING
REQUIREMENTS FOR EXCAVATION AND GRADING FOR
THE CITY OF FAYETTEVILLE . /
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF ✓/
FAYETTEVILLE , ARKANSAS :
Section 1 . Intent . It is the City ' s intent to safeguard the
health , welfare and safety of Fayetteville citizens by implementing
standards and procedure for the physical alternation of land . It
is not our intent to supersede federal or state regulations such as
but not limited to the Occupational Health & Safety Act .
The purpose of this ordinance is to control excessive grading ,
clearing , filling , and cutting ( or similar activities ) which or
combination cause landslides , flooding , excessive run-off ,
degradation of water quality , erosion , and sedimentation in storm
sewer systems and water storage basins .
Section 2 . General Requirements . Persons engaged in land
alteration activities regulated by this Ordinance shall take
measures to protect public and private properties from damage by
such activities .
Development shall conform to the natural contours of the land ,
natural drainage ways , and other existing site conditions .
All developments shall be constructed and maintained so that
adjacent properties are not unreasonably burdened with surface
waters as a result of such development . More specifically , new
development may not unreasonably impede water runoff from higher
properties nor may it unreasonably channel water onto lower
properties .
Land shall be revegetated and restored as close as practically
possible to its original condition so far as runoff and erosion are
concerned .
Section 3 , Permits Required . No grading , filling , excavation
or land alteration of any kind shall take place without a grading
permit .
Exceptions to this rule are as follows :
1 . Excavations below finished grade for basements ,
footings , swimming pools , hot tubs , septic systems ,
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retaining walls , and like structures authorized by
a valid building permit .
2 . Cemetery graves .
3 . Refuse disposal sites controlled by other
regulations .
4 . Construction of one single family residence or
duplex .
5 . Previously platted single-family subdivisions for
which preliminary plat approval was given prior to
the enactment of this ordinance .
6 . Sites of up to one-half acre shall be exempt
unless :
a . The cut or fill is greater than 5 feet in
depth and results in a slope greater than 5
horizontal to 1 vertical ; or
b . More than 100 cubic yards of material are cut
or filled .
7 . Building additions of less than 1 , 000 square feet
where associated land alteration activities are not
beyond the scope of what is necessary to construct
said addition .
The following shall require a grading permit without
exception : developmental activities within a 100 year floodplain or
on a 20 % or greater slope and any excavation site from which fill
will be exported or imported .
No grading permit shall be issued until the grading plan ,
endorsed by a registered architect , landscape architect , or
engineer , is approved by the City Engineer . A separate permit
shall be required for each site ; it may cover both excavations and
fills .
Section 4 , Minimal Erosion Control Requirements , if exempt
under Section 3 above , a grading permit is not required . However ,
exempt as well as nonexempt activities shall be subject to the
following minimal erosion and sedimentation control measures :
1 . The potential for soil loss shall be minimized by
retaining natural vegetation wherever possible .
2 . All graded and otherwise disturbed areas shall be
stabilized within 15 days after each stage of final
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grade is established . Stabilization methods such
as baled straw , filter fabric , ditch checks ,
diversion ditches , brush barriers , sediment basins ,
matting , mulches , grasses and ground cover shall be
used .
3 . No intermittent or perennial stream , including a 25
foot perimeter strip measured from the top of the
bank , shall be graded , developed , channelled or
physically altered unless adequate guarantees are
made for erosion and sedimentation control .
Likewise , cuts or fills shall be set back
sufficiently from intermittent and perennial
streams and other storm water drainage systems to
guarantee that there will be no damage from erosion
or sedimentation .
4 . Excavation material shall not be deposited in or so
near streams and other storm water drainage systems
that it may be washed downstream by high water or
runoff .
5 . Fording of streams with construction equipment or
other activities which destabilize stream banks
shall not be permitted .
Section 5 . One-Time Approvals ,
1 . Public and private utility organizations may obtain
a one-time approval from the City Engineer for all
routine underground electric , water , sewer , natural
gas , telephone or cable facilities . The approval
will include a utility organization and its
contractors , agents , or assigns and will be
permanent in nature as long as the original
approved procedures are followed .
2 . One-time approval may be obtained by public or
private entities for the stock piling of fill
material , rock , sand , gravel , aggregate or clay at
particular locations , subject to the zoning
ordinance .
Section 6 . Definitions .
APPROVAL shall mean a written authorization by the City
Engineer .
AS-GRADED is the surface condition on completion of grading .
COMPACTION is the densification of a fill by mechanical means .
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CRIBBING is a framework of bars for support or strengthening .
CUT shall mean the same thing as an excavation .
DECIDUOUS TREES shed their leaves annually - small deciduous
trees are no more than 40 feet tall at maturity while large
deciduous trees exceed 40 feet in height at maturity .
DEVELOP shall mean permanently altering land by subjecting it
to grading , removal of vegetation , or construction such as but
not limited to buildings , parking lots , streets , and
sidewalks .
DEVELOPMENT SITE is that portion of any lot or parcel
subjected to grading , removal of vegetation , or construction
such as but not limited to buildings , parking lots , streets
and sidewalks .
DISTURB is to alter the natural state .
EVERGREEN is a plant that retains leaves or needles year
round .
EXCAVATION is the mechanical removal of earth material from
water or land .
FEMA is Federal Emergency Management Agency .
FILL is a deposit of earth material placed by artificial
means .
GRADE shall mean the percentage of rise or fall per 100 feet .
Existing Grade is the grade prior to grading . Rough Grade is
the stage at which the grade approximately conforms to the
approved plan . Finish Grade is the final grade of the site
which conforms to the approved plan .
GRADING is any stripping , cutting , filling , or stockpiling of
earth or land .
GROUND COVER consists of plants with low , spreading habit that
formOa dense mat in time , preventing erosion .
sometSmes � s almzaechine blown mixture of mulch , seed , and
INTERMITTENT STREAM carries water part of the year and is dry
another part but receives flow from the groundwater table when
it is high enough .
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LANDSCAPE FABRICS are a barrier against soil erosion , allowing
water to pass through while keeping soil in place .
MULCH is a layer of leaves , straw , bark , or other organic
material spread around plants to retain moisture , and to
control weeds and erosion .
NATURAL DRAINAGE WAYS consist of ephemeral , intermittent and
perennial streams . This ordinance is not concerned with
ephemeral streams .
PERENNIAL STREAM carries water year round .
RETAINING WALL is a structure erected between lands of
different elevation to protect structures and/or prevent
erosion from the upper slope . Any retaining wall over 3 feet
in height shall be designed to meet all acting forces .
RIP-RAP is a loose assemblage of stones placed on ground to
prevent erosion . Rip-rap shall be sized so that displacement
does not occur due to velocity of water .
SEDIMENT BASIN is a depression in a waterway designed to trap
sedimentation before entry into the storm water system .
SITE is any lot or parcel of land or contiguous combination
thereof , under the same ownership , where grading is performed
or permitted .
SLOPE is an inclined ground surface the inclination of which
is expressed as a ratio of horizontal distance to vertical
distance .
SOILSEPARATING FABRICS
STABILIZATION is attained once the site is restored to its
pre-development state in terms of soil stability and
erodability .
TERRACE is a relatively level step constructed in the face of
a graded slope surface for drainage and maintenance purposes .
UNIFIED SOIL CLASSIFICATION SYSTEM is a system adopted jointly
by the Corps of Engineers and Bureau of Reclamation in 1952 to
classify soils according to texture , plasticity , and
performance as engineering construction material .
UNIVERSAL SOIL LOSS EQUATION was developed by USDA to
determine erosion based on rainfall , soil erodibility , slope ,
length of slope , plant cover , and mulching .
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Section 7 . Land Alteration Guidelines . Grading plans shall
follow the Excavation and Grading Manual and shall be evaluated by
the City Engineer on the basis of the minimal erosion control
requirements in Section 4 , considerations in subsections 1-4 below ,
and approval criteria set forth in Section 10 .
On-site soil types plus existing and planned slopes and
existing and planned vegetation shall influence the degree to which
more lenient or more stringent guidelines are required by the City
Engineer .
1 . Cut or Fill Slopes .
a . Cut or fill slopes shall have a finish grade
no steeper than 33 % ( 3 . 00 horizontal to 1
vertical ) , unless thoroughly stabilized by
retaining walls , cribbing , terraces ,
vegetation or other means approved by the City
Engineer .
b . Cut or fill slopes shall be constructed to
eliminate sharp angles of intersection with
the existing terrain and shall be rounded and
contoured to blend with the existing
topography .
C , The following setback guidelines shall be
reviewed by the City Engineer for purposes of
assessing safety , stability , and drainage
problems .
i . Buildings shall be set back from the top
or toe of a cut or fill in accordance
with the zoning ordinance , the building
code or the approved grading plan ,
whichever is greatest . Guidelines are
provided in Figure A .
ii . Cut or fill slopes shall be set back from
property boundaries as described by the
minimum guidelines in Figure A .
iii . Cuts adjacent to public right-of-ways
shall be set back a minimum of 25 feet ,
excluding driveways or access roads .
2 . Cuts .
a . Cuts shall be limited to 15 feet in vertical
height , unless information , demonstrating
slope stability , erosion control and drainage
control is provided together with a
revegetation plan . Terraces shall be required
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for cut and fill slopes greater than 15 feet
in height . It is recommended that terracing
be at a maximum ratio of 1 foot of horizontal
terrace for every foot of vertical surface .
b . In no case shall a cut be allowed primarily
for the purpose of obtaining fill material to
a different site , unless the exporting site is
located within an Extraction District ,
3 . Fills ,
a . All imported fill shall be free of rocks
greater than twelve inches in diameter and any
detrimental organic material or refuse debris .
b . Fill shall be placed and compacted as to
minimize sliding or erosion of soil . Fill
compaction shall equal the compaction of
undisturbed , adjacent soil , except fills
covered by building code or other structural
fills . The City Engineer may require soil
tests during compaction work or upon its
completion at the expense of the permittee .
c . Fill shall not be placed on existing slope
with a grade steeper than 20 % ( 5 horizontal to
1 vertical ) unless keyed into steps in the
existing grade and then thoroughly stabilized
by mechanical compaction .
4 . Erosion and Sedimentation Control .
a . Permanent improvements such as streets , storm
sewers , curb and gutters and other features
for control of runoff shall be scheduled
coincidental to removing vegetative cover from
the area , so that large areas are not left
exposed beyond the capacity of temporary
control measures .
b . Top soil shall be stockpiled and protected for
later use on areas requiring landscaping . If
top soil or other soil is to be stockpiled for
more than 30 days , a temporary cover of annual
rye or other suitable grass shall be planted .
C , Every means shall be taken to conserve and
protect existing vegetation .
d . Revegetation shall be required to meet the
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following performance standards :
i . 0 - 108 Existing Grade
Revegetation shall be a minimum of
seeding and mulching . Said seeding shall
provide complete and uniform coverage
that minimizes erosion and run-off in no
more than two growing seasons .
ii . 10 - 258 Existing Grade
Revegetation shall be a minimum of
hydroseeding with mulch and fertilizer ,
staked sod and/or ground cover . Said
plantings shall provide complete and
uniform in no more than two growing
seasons .
iii . 258- 338 Finish Grade
The slope shall be covered with landscape
fabric and planted with ground cover ( as
per the performance standards in Section
7 . 4 ( c ) ( ii ) ) above or covered with rip-
rap . If rip-rap is used , the slope ' s
stability and erodibility must be
equivalent to or better than its pre-
development state .
iv . More than 338 Finish Grade
Any finish grade over 338 requires
landscape fabric and stabilization as
described in Section 7 . 1 ( a ) .
Plant materials shall be watered or
irrigated and tended , where irrigation
or regular watering is not available ,
only native or acclimated plant species
shall be used . If the soil can not
properly sustain vegetation , it must be
appropriately amended . If re-vegetation
is not firmly established and healthy
after one year , the City Horticulturist
shall require that it be redone in part
or total .
e . Plant materials shall be planted along terrace
benches ( See Section 7 . 2 ( a ) ) Said plantings
shall be spaced as necessary to thoroughly
stabilize the terrace bench . The remainder of
the terraced s o e shall be revegetated and
stabilized according to 7 . 4 ( c ) above .
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f . The developer shall incorporate permanent
erosion control features at the earliest
practical time . Temporary erosion control
measures will be used to correct conditions
that develop during construction that were
unforeseen during the design stage , that are
needed prior to installation of permanent
erosion control features , or that are needed
temporarily to control erosion that develops
during normal construction projects , but are
not associated with permanent control features
on the project .
g . Allowable soil loss shall not exceed the "T"
factor , which is a component of the Universal
Soil Loss Equation .
Section 8 . Grading Plan Specifications . The applicant shall
prepare a grading plan as follows :
1 . Site plan at a scale no smaller than 1 " = 50 ' ,
showing property lines ; vicinity map ; name of
owner , developer and adjacent property owners .
2 . Existing grades shall be shown with dashed line
contours and proposed grades with solid line
contours . Contour intervals shall be a maximum of
2 feet . Spot elevations shall be indicated .
3 . Areas with 0 - 15$ , 15 - 25% , 25 % - 33 % , and 33 %+
grade shall each be identified in a distinguishing
manner .
4 . Land areas to be disturbed ( graded , cut , filled or
cleared ) shall be clearly identified .
5 . Seal of a registered engineer , architect , or
landscape architect certifying that the Plan
complies with the Ordinance .
6 . All cuts and fills , including height and slope ,
shall be clearly shown on the plan .
7 . Location and names of all existing or platted
streets or right-of-ways within or adjacent to
tract and location of all utilities and easements
within or adjacent to the property shall allpe
indicated , uno g� 19PRGE284
8 . The proposed location of lots , buildings , streets
parking lots and parks , playgrounds or greenspace
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shall be indicated . Also to be indicated is any
existing or proposed building within 100 feet of
the site .
9 . Soil types shall be identified according to the
Unified Soil Classification System .
10 . Location of natural features such as drainage
ways , ponds , rock outcroppings , and tree
cover . Indication of 100 year floodplains as
defined by FEMA .
11 . Profiles and cross sections for proposed streets
and drainage ways .
12 . Total acreage and zoning classification .
13 . Provisions for collecting and discharging surface
water .
14 . Profiles and cross sections of streets ; drainage
systems ; and underground utilities , water and
sewer .
15 . The method of treatment for all slopes and benches
shall be indicated .
The preliminary grading plan shall include all the above items
but numbers 5 , 71 11 , 13 , and 14 .
The following additional required information is required may
be reported in text rather than shown on the grading plan :
1 . A time schedule indicating the anticipated starting
and completion dates of the development sequence
and time of exposure of each area prior to
stabilization measures .
2 . Description of quantity ( in cubic yards ) , source ,
and composition of imported fill material and
compaction specifications . Also , note the quantity
( in cubic yards ) and destination of excavation
materials to be removed from the site .
3 . Proposals for preserving natural vegetation and
description of revegetation or other permgngpt
erosion control strategy . HBER141 (9, PtcE285
4 . Specification of measures to control runoff and
sedimentation during construction , indicating what
will be used , such as straw bales , silt dams , brush
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check dams , lateral hillside ditches , catch basins ,
etc .
5 . Where excessive dust may become a problem , a plan
for spraying water on heavily traveled dirt areas
shall be addressed .
6 . The City Engineer may require a soils engineering
study or soil loss calculations if site conditions
so warrant .
Section 9 , Grading Plan Submittal . A preliminary grading
plan shall be submitted at the time of preliminary plat submission
for subdivisions or plat submission for large scale development ,
whichever is applicable . No subdivision may be finalized nor large
scale development plat approved before a final grading plan has
been submitted to the City Engineer and approved . In cases where
neither subdivision plat nor large scale development plat is
applicable , proof of notification of adjacent property owners and
grading plan must be submitted simultaneously with the application
for a grading permit .
Section 10 . Approval . In evaluating a grading plan for
approval or denial , the City Engineer must determine that the
following questions have been affirmatively resolved .
1 . Has the developer followed the land alteration
guidelines as set out in this ordinance?
2 . Where there are deviations from these guidelines
has the developer offered alternative solutions
which adequately resolve potential problems of
erosion , flooding , sedimentation , and safety?
3 . Has the developer complied with the intent of the
ordinance?
4 . Is the developer making sufficient guarantees that
the land will be developed in accordance to the
grading plan?
When a proposed development is questionable in terms of any of
the above , the City Engineer shall either deny the plan or make
approval contingent upon further assurances and guarantees . Final
decision of the City Engineer shall be made within fifteen days of
submittal of a grading plan . All applications for which Planning
Commission approval is required shall be scheduled for the next
available meeting after the fifteen day review period .
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Section 11 , Appeals . An appeal to the City Planning
Commission must be filed within 30 days of the final written
decision by the City Engineer . Any aggrieved party may file an
appeal . All appeals shall be reviewed by the Subdivision Committee
prior to Planning Commission action . Notice of appeal shall be
given to adjacent property owners 10 days prior to the City
Planning Commission meeting .
Section 12 . Minor Modifications . Finish grades shall be
allowed no more than a 0 . 1 foot tolerance from the grading plan .
However , the City Engineer may authorize in writing minor
modifications so long as they do not alter the direction of run-off
and otherwise comply with the intent of this ordinance . When
applicable , major modifications must be brought before the
subdivision committee for their approval .
Section 13 . Fees . Fees are set forth in the table below :
Fee
Less than 1/2 acre $ 75/permit
1/2 to 1 acre $ 100/permit
Over 1 acre $ 100 -$ 200/permit
Appeals $ 100
Section 14 . Inspections and Compliance . The City Engineer
shall be responsible for determining whether construction is
proceeding according to the grading plan . In applying for a
grading permit , the applicant shall be deemed to have consented to
such inspections . The City Engineer may , where necessary , order
remedial work or issue a stop work order under the terms of
Sections 18 and 19 .
The City Horticulturalist shall be responsible for reviewing
and enforcing the vegetative elements of this ordinance .
Section 15 . Certificate of Occupancy . All revegetation and
grading plan improvements shall be in place before a Certificate of
Occupancy shall be issued . When a property owner has finished
building construction but has yet to install plant material , said
owner may apply for a temporary Certificate of Occupancy . In
evaluating whether or not to grant a temporary Certificate of
Occupancy , the Planning Administrator shall considerw�ather,
conditions and temporary stabilization measures . LIBER 411199PAGE287
Section 16 . Owner Responsibility . The property owner shall
be responsible both for his or her employees and for all
contractors and subcontractors from the onset of development until
the property is fully stabilized . If property is transferred
anytime between the onset of development and the time it is fully
stabilized , all responsibility and liability for meeting the terms