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
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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
LIBLR1419PAGE277
Environmental Standards
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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 .
LIBER MPAGE278
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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 .
LIBEP1419PAGE279
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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 .
LIBER 1419PtiGE28o
Environmental Standards
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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
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
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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
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
Environmental Standards
Page 13
of this ordinance shall be likewise transferred to the new property
owner.
Section 17. Conflict in Regulations. Where a conflict arises
between this ordinance and another ordinance, the more stringent
requirements shall apply.
Section 18. violations and Penalties. Any permittee, failing
to comply with the terms of an approved grading plan, shall be
guilty of a misdemeanor and upon conviction shall be fined not less
than $250 per violation per day.
Section 19. Remedial Work. If it is determined through
inspection that development is not proceeding in accordance with an
approved grading plan, the City Engineer shall immediately issue
written notice thereof to the permittee. Said notice shall
describe the nature and location of the alleged noncompliance and
specify the necessary remedial work. The permittee shall complete
the remedial work within 48 hours of receipt of notice or a
reasonable period of time as determined in advance by the City
Engineer.
Section 20. Revocation of Permits and Stop Work Orders. The
City Engineer, after giving 48 hours written notice, may revoke the
grading permit, if remedial work is not undertaken according to
procedures in Section 18 above. Upon revocation of a permit, the
City Engineer shall issue a stop work order. In cases where no
permit was issued, procedures for notice and stop work order shall
be the same. Such stop work order shall be directed to the
permittee, who shall immediately notify the landowner, developer,
and all persons or firms performing the physical work of clearing,
grading, and developing the land. The stop work order shall direct
the parties involved to cease and desist all work on the
development except required remedial work necessary to bring the
project into compliance.
If the conditions described in a notice given pursuant to
Section 18 are not removed or corrected within 15 working days
after such notice is given, the City Manager, or his or her duly
authorized representative, is hereby authorized to enter upon the
property and do whatever is necessary to correct or remove the
conditions described in the notice. The costs of correcting said
conditions shall be charged to the owner, and the City shall have
a lien against such property for such costs.
Section 21. Discovery of Historic Resources. Whenever during
the conduct of grading any historical, pre -historical, or
paleontological materials are discovered, grading shall cease and
the City Engineer shall be notified.
LIBER 1419p, 288
Environmental Standards
Page 14
Section 22. Exclusion of City Warranty on Liability. Nothing
contained herein shall be construed or interpreted to constitute a
warranty by the city of the compliance of any person or persons
with the provisions of this ordinance and the city assumes no
additional liability as a result of the provisions contained
herein. Nothing contained herein negates or waives the statutory
immunity of the city.
Section 23. Bonds. The building official may require bonds
or other sureties in such form and amounts as may be deemed
necessary to assure that the work, if not completed in accordance
with the approved plans and specifications, will be corrected to
eliminate hazardous conditions.
Section 24. Appendix. Figure A of this Ordinance contains
the specifications for setbacks in accordance to Section E(1)(c)(i)
and -(l)(c)(ii).
PASSED AND APPROVED this 4th day of June , 1991.
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EIBER 1419PRGE 289
{. ,
1, Alma Kollmeyer, Circuit Clerk and
&-cc;o Recorder for Washington County,
Arkansas, do hereby certify that this in-
arument v:m, filed for record in my ofrien
as im: •oar hereon and the some is now
duly rc car :•:d with the acknowledgement
and cr,niicula thnroon in Rocord Book and
Pagr co ine-ca;pp thereon.
IN W:H:a.s Wf;_REoF, I have hereunto
tet my hand and affixed the seal of said
Court on iho dote indicated hereon.
Alma Kolimeyer
Circuit Clerk and }
baofficio Recorder
, „ I
CET LATE C7
State of Arkansas
City of Fayetteville ( SS
I, Sherry Thomas, City Clerk and Ex -
Officio recorder for the City of
Fayetteville, do hereby certify that the
annexed or foregoing of record in my
office and the same appears in
Ordinance & Resolution bookp$. V at
page . Yo8 Wltnen my haa> nn "and
sle9al��7"S' day of 7
'd 3 V
GRADING SETBACKS
FIGURE A
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I'U2 SIT C NOT
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-�Sn orTAIL eaOw
STATE of ARKANSAS
es,
County of Washington
.2Q hereby certify that I
am the publishe f THE NORTHWEST RKANSAS TIMES, a daily newspaper
having a second class mailing privilege, and being not less than four pages of
five columns each, published at a fixed place of business and at a fixed (daily)
intervals continuously in the City of Fayetteville, County of Washington, Arkansas
for more than a period of twelve months, circulated and distributed from an
established place of business to subscribers and readers generally of all classes
in the City and County for a definite price for each copy, or a fixed price per
annum, which price was fixed at what is considered the value of the publication,
based upon the news value and service value It contains, that at least fifty percent
of the subscribers thereto have paid cash for their subscriptions to the newspaper
or its agents or through recognized news dealers over a period of at least six
months; and that the said newspaper publishes an average of more than forty
percent news matter. ,
I further certify that the legal notice hereto attached in the matter of
was published in the regular daily issue of said newspaper for
consecutive insertions as follows:.. //
The first insertion on the - day of 19 �—
the second insertion on the day of 19
the third insertion on the _— day of 19
and the fourth insertion on the _— day of 19
Worn to and subscribed before me won this r 7 �' day of
190
11._
ltil.
No r Public
My Commission Expires:
Q /-9 /
Fees
for
Printing
— .5/030 '
Cost
of Proof .—.
S
'Dotal _
204 -Legal Notices
ORDINANCE -NO. 3551
AN ORDINANCE ESTAB-
LISHING ENVIRONMENTAL
STANDARDS FOR THE
PHYSICAL ALTERATION OF
LAND AND PROVIDING
REGULATIONS AND PER-
MITTING REQUIREMENTS
FOR EXCAVATION AND
GRADING FOR THE CITY
OF FAYETTEVILLE.
BE IT ORDAINED BY THE
172 Mobile Homes for Rent
Northwest Arkansas Times, Thurs., June 20,1991
FAYETTEVILLE ARKANSAS
9B
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ALL BILLS PAID 2 & 3 BR
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trailers. $75 o week.
201 -Legal Notices
204 -Legal Notices
521-544x. )J20
e- LATE NoeDEL mobile BOARD OF DIRECTORS OF
shell be used.
k'
rent in do
p g- THE CITY OF FAYETTE-
3. No intermittent or peren-
-
dale. /Very nice. Utilities and
y
VILLE, ARKANSASls.
nia1 stream, including a 25
debt aid. References & Section 1. Intent. It is the
foot perimeter strip mea-
s.
deposit wired. 756-6110,
City's intent tosafeguardand
cured from the top of the
5
the health, welfare and
bank, shall be graded, dove -
184Lots or
Sale
safety of Fayetteville Citi-
loped, channelled or physi-
m-
by implementing Stan-
dally altered unless adequ-
_
'°
House & lot or sale in SE
lord
dards and procedure for the
ate guarantees are made
er.
Fayetteville. 2-7083
physical alternation of land,for
erosion and sediments -
cis
188-a6.,s & Acreage
It to It is not our intent to
tion control. Likewise, cuts
fills be
Supersede federal or state
or shall set back
d.
regulations such as but not
sufficiently from intermit -
e,
40 acr s for sate. Owner fi-
limited to the Occupational
tent and perennial streams
o,
nand d. Located in Prairie
Health & Safety Act,
and other storm water
Grov , AR on Cove Creed
The purpose of this ordi-
drainage systems to guaran-
-
Rd. 63948 or 267-2498
nance is to control exces-
tee that there will be no
—
40 to 1 cre tracks of
live grading, clearing, filling,
damage from erosion or
10
land for sa Carroll
and cutting (or similar activi-
sedimentation.
County, AR. 2
south of
ties) which or combination
4. Excavation material shall
I,-
1Y
Green Forrest o
US hwy
cause landslides, flooding,
not be deposited
osited in or so
or
62. $265 per cre, 20%
excessive run-off, degrade-
near streams and other
down, balanc owner fi-
tion of water quality, era-
storm water drainage sys-
-
nanced at 1 o. 446-5129
sion, and sedimentation in
tame that it may be
n-
days, 434-5 1 evenings,
storm sewer systems and
washed downstream by
q.
MAJOR P CE REDUCTION
water storage basins,
high water or runoff.
5. Fording
ON FAR
from $99,500 to
Section 2. General Re-
of streams with
'9
$age
or 50 acres and
quirements. Persons en-
construction equipment or
Eother
bri00
bri
in
home in the
gaged in land alteration ec-
activities which desta-
dington
rek
Area. re,
re,
tivlties regulated by this Or-
bilize stream banks shall
p nd. Mo iivaret
MotivPastated
prof shell take measures
not be permitted.
I-
t
seller. Don't iss this teat
to protect public and private
Section 5. One -Time
opportunity to eg in
pr damage by
sacts
1. Approvals.
1. Public
5
5such
mthatini
farml
cattle fa rml Ca
es.
activities.
ublic and private utility
11
Perkins.kRE/MAX -9400
1-9400
Development shall conform
organizations may obtain a
or 443-0677.
to the an of
al
one-time approval from the
II
1 a, natural
at drainage
City Engineer for all routine
196 -Waterfront opera
ways,the
and other existing
underground natl water,
site conditions.
sewer, natural gas, lele-
LAKEFRONT L S on Point
All developments shall be
phone or cable facilities.
11'of Brave Lake. Paved
constructed and maintained
The approval will include a
_
road. Easy Lake access,
so that adjacent properties
!itility organization and its
boat do . Contact Lee
are not unreasonably bur-
contractors, agents, or as-
_
Ward. 21-8970 Realty
coned with surface waters
signs and will be perms-
=
Conca s
as a result of such develop-
nent in nature as long as
00 -Homes for Sale
ment. More specifically,
the original approved proce-
dures
new development may not
are followed.
_
3 EDROOM BRICK on 2
unreasonably impede water
2. One-time approval may
-
acr Bethel Grove 1
runoff from higher
g proper-
be obtained by pri-
public or
5
area.
3/4 be H/CAi rural we-
ties nor may it unreaso-
vate entities for the stock
3pa
ter. fireplac with insert,
nably channel water onto
piling of fill material, rock,
all anca, low
lower properties,
sand, gravel, aggregate or
-
60's. 46-3rpet
60's. 8463684
fter 6pm.
Land shall be revegetated
clay at particular locations.
and restored as close as
subject to the zoning
3 BR, 1 B FP, dls-
practically possible to its or-
ordinance,
hwasher, ga air & heat.
iginal condition so far as ru-
Section 6. Definitions.
carport & aedment stor-
noff and erosion are
APPROVAL shall mean a
-
age. Old ire & Township
concerned,
written authorization by the
area. $57 00. 442-4357.
Section 3. Permits Re-
City Engineer.
3BR, 2 A. w/ walk -In
quired. No grading, filling,
AS -GRADED is the surface
closets, fling fans. 2 pa-
excavation or land alteration
condition on completion of
tips, priv. once, In Root
of any kind shall take place
grading.
school dirt. ellent condi-
without a grading permit.
COMPACTION is the densi-
tion & neighbo
ood. 1562
Exceptions to this rule are
fication of a fill by mechani-
Cartlinel. Fay. Cal
442-0572.
as follows:
cal means.
1, Excavations below fin-
CRIBBING is a framework
AMERICAN DR AM house,
ished grade for basements,
of bars for support or
best location. 4500 SF. 2
footings, swimming pools,
strengthening,
acre lakesitl ot. $299,500.
hot tubs, septic systems,
CUT shall mean the same
205 Lake cad, SPdI. Cell
retaining walls, and like
thing as an excavation.
KC, 751-2 7.
structures authorized by a
DECIDUOUS TREES shed
ASSUM LOAN with no
valid building permit.
their leaves annually - small
qualifyi
g. 2 story condo on
2. Cemetery graves,
deciduous trees are no
golf co
rse is lovely. Large
3. Refuse disposal sites
more than 40 feet tall at
living ro with fireplace.
controlled by other
maturity while large decidu-
Gorgeous . 2 large
regulations,
sus trees exceed 40 feet in
bedrooms with at deck.
4. Construction of one
height at maturity.
Pool available. $59900. Call
single family residence or
DEVELOP shall mean per -
Pat Dacus, 75 1003 or
duplex.
manently altering land by
7510707. The ffin Co.
5. Previously platted single-
subjecting it to grading, re -
FOR SALE by wear newly
family subdivisions for
moval or vegetation, or con -
remodeled 3 edroom Bun-
which preliminary plat ap-
struction such as but not
galow near istonc District.
proval was given prior to
limited to buildings, parking
Cell 521 07
the enactment of this
lots, streets, and sidewalks.
ordinance.
DEVELOPMENT SITE is
LIVE IN the great NE lode-
6. Sites of up to one-half
that portion of any lot or
tion. L eN 3BR, 1'h BA
acre shall be exempt
parcel subjected to grading.
Twnhse tae. Pay mortg.
unless:
removal of vegetation, or
pymt, essu a loon from
a. The cut or fill is greater
construction such as but
other 3 Twnh
S. Super
than 5 feet in depth and re-
not limited to buildings,
buy, new on m tat. Lang-
suits in a slope greater than
parking lots, streets and
ham Realty, 52 2305
5 horizontal to 1 vertical; or
sidewalks.
NEAR MT. EQUOYAH
b. More than 100 cubic
DISTURB is to alter the na-
walk to c pus, wooded
yards of material are cut or
[urel state.
area, cha ing 2BR home,
filled,
EVERGREEN is a plant that
FP, dec
1''A BA. Must
7. Building additions of less
retains leaves or needles
see. Lan
575-5708 M -F.
than 1000 square feet
year round,
NEW LIS Primrose
where associated land alter-
EXCAVATION is the me -
Lane. 3BR, on large
ation activities are not bey-
chanical removal of earth
comer lot. Erge fam-
ond the scope of what is
material from water or land,
ily kitchen.tain on
necessary to construct said
F EM A is Federal
y
neat deck. $Call Pat
addition.
Emergency Management
Da1751 u0,
or7510a
The following shall require
Agency.
707. hin Co.
in
grading permit without
FILL is a deposit of earth
L
exception: developmental
material placed by artificial
OWNER GEill trade
activities within a 100 year
Means.
very nice home.
floodplain or on a 20% or
GRADE shall mean the per -
Greet vieweighbor-
greater slope and any exce-
damage of rise or fall per
hood. Doss id July.
vation site from which fill
100 feet. Existing Grade is
In the 9 .s Lang-
will be exported or
the grade prior to grading,
ham R 5
imported.
Rough Grade is the stage
No grading permit shall be
at which the grade approxi-
issued until the grading
mately conforms to the ap-
plan, endorsed by a regis-
proved plan. Finish Grade is
tered architect, landscape
the final grade of the site
architect, or engineer, is aP
which conforms to the ap-
proved by the City Engi-
proved plan.
near, A separate permit
GRADING is any stripping,
shall be required for each
cutting, filling, or stockpiling
site; it may cover both ax-
of earth or land.
cavations and fills.
GROUND COVER consists
Section 4. Minimal Ero-
of plants with low, spread-
slon Control Require-
ing habit that form a dense
manta. If exempt under
mat in time, preventing
Section 3 above, a grading
erosion.
permit is not required.
HVDROSEED is a machine
However, exempt as well
blown mixture of mulch,
as nonexempt activities
seed, and sometimes
shall be subject to the foil-
fertilizer.
lowing minimal erosion and
INTERMITTENT STREAM
sedimentation control
carries water part of the
measures:
year and is dry another part
1. The potential for soil loss
but receives flow from the
shall be minimized by re-
groundwater table when it
mining natural vegetation
is high enough.
wherever possible.
LANDSCAPE FABRICS are
2. All graded and otherwise
a barrier against soil era -
disturbed areas shall be ate-
lion, allowing water to pass
bilized within 15 days after
through while keeping soil
each stage of final grade is
in place.
established. Stabilization
MULCH is a layer of
methods such as baled
leaves, straw, bark, or other
straw, filter fabric, ditch
organic material spread ar-
:hecks. diversion ditches,
ountl plants to retain mois-
rush barriers, sediment be:
ture, and to control weeds
sins, matting, mulches,
and erosion.
rrasses and ground cover
NATURAL DRAINAGE
-
WAYS consist ophemeral,
intermittent and perennial
ALE
streams. This ordinance is
�y
PROPERa
not concerned with ePhem-
eral streams,
i
PERENNIAL y STREAM car-
nst 15th Street, North
water year round,
complex. End of Arm-
RETAINING WALL is a
tt 882-64O6,
structure erected between
lands of different elevation
Continued on Page 108
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