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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 , LIBER1419PAGE276 Environmental Standards Page 2 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 LIBLR1419PAGE277 Environmental Standards Page 3 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 . LIBER MPAGE278 Environmental Standards Page 4 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 . LIBEP1419PAGE279 Environmental Standards Page 5 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 . LIBER 1419PtiGE28o Environmental Standards Page 6 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 LIBER 1419 PAGE 281 Environmental Standards Page 7 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 LIO(R1419PAGE28 2 Environmental Standards Page 8 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 . LIFE� 1419pt"TE Environmental Standards Page 9 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 Environmental Standards Page 10 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 Environmental Standards Page 11 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 . LIBER 1419PAGE286 Environmental Standards Page 12 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