HomeMy WebLinkAboutOrdinance 3895 ORDINANCE NO. 3895
AN ORDINANCE AMENDING TITLE 15 , LAND USAGE, OF
THE CODE OF FAYETTEVILLE, TO ADD CHAPTER 163 ,
STORM WATER MANAGEMENT, DRAINAGE AND EROSION
CONTROL, TO SET FORTH : DEFINITIONS, PROVIDE FOR
PERMITS, PLANS, AND THE ADOPTION OF THE
DRAINAGE CRITERIA MANUAL, FOR STORMWATER
MANAGEMENT, DRAINAGE AND EROSION CONTROL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That Title 15 , Land Usage, of the Code of Fayetteville, is hereby amended
to add the following:
CHAPTER 163 : STORMWATER MANAGEMENT, DRAINAGE AND
EROSION CONTROL.
§ 163 .01 (A) INTENT. It is the intent of this Ordinance to protect,
maintain, and enhance the health, safety, and general welfare of the citizens of the
City of Fayetteville by:
(1 ) Preventing increases in the magnitude and frequency of
stormwater runoff to prevent increases in flood flows and associated hazards and
costs.
(2) Controlling soil erosion and sedimentation to minimize soil
deposition in streams and other receiving water bodies and storm drainage
systems.
(3) Requiring surface and stormwater management practices that
comply with the requirements of this Ordinance.
(4) Promoting the development of stormwater facilities that are
aesthetically desirable.
(B) FINDINGS OF FACTS. The City Council finds that
uncontrolled stormwater runoff from developed land adversely affects the public
health, safety, and welfare because :
( 1 ) Impervious surfaces increase the quantity and velocity of
surface runoff, which reduces percolation of water through soil and increases
erosion and flooding.
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Ordinance No . 3895
(2) Improper stormwater collection and conveyance adversely
affects property and increases the incidence and severity of flooding, which can
endanger property and human life.
(3) Increased erosion leads to sedimentation in stormwater
management systems, which decreases the systems' capacity .
(4) Many future problems can be avoided if land is developed in
accordance with sound stormwater runoff management practices.
§ 163 .02 DEFINITIONS . Unless specifically defined below, words or
phrases shall be interpreted so as to give them the meaning they have in common
usage and consistent with the words and phrases used in the Subdivision
Regulations, Physical Alteration of Land Ordinance (hereafter also referred to as
the "Grading Ordinance" and/or the "Excavation and Grading Ordinance"), and
Flood Drainage Prevention Ordinance and to give this Ordinance its most effective
application. Words used in the singular shall include the plural , and the plural the
singular; words used in the present tense shall include the future tense. The word
"shall" connotes mandatory and not discretionary; the word " may" is permissive.
Definitions of terminology used in this Ordinance shall be as follows :
BASE FLOOD shall mean the flood having a 1 percent chance of being
equalled or exceeded in any given year, also referred to as the 100-year storm
event.
CITY shall mean the City of Fayetteville, including staff and elected
officials, or designee.
CITY ENGINEER shall mean the City of Fayetteville City Engineer or
his appointed representatives, including assigned staff engineers, technicians and
inspectors.
CONSTRUCTION shall mean any onsite activity that will result in the
creation of a new stormwater management system, including the building,
assembling, expansion, modification, or alteration of the existing contours of the
property; the erection of buildings or other structures, or any part thereof, or land
clearing.
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Ordinance No , 3895
CONSTRUCTION PERMIT shall mean a Stormwater Management,
Drainage and Erosion Control Permit issued by the City of Fayetteville to an
entity with the legal ability to construct the stormwater management system in
accordance with the approved system design and permit conditions.
DETENTION shall mean the collection and temporary storage of
stormwater with subsequent gradual release of the stormwater.
DEVELOPER shall mean any person(s), parties, partnerships, or
corporations, private or public, engaging in activities described as development.
DEVELOPMENT shall mean to make a site or area available for use by
physical alteration. Development includes but is not limited to providing access
to a site; clearing of vegetation; grading; earth moving; providing utilities and
other services such as parking facilities, stormwater management and erosion
control systems, and sewage disposal systems; altering landforms; or construction
of a structure on the land.
Development shall also mean any of the following:
1 . Construction, installation, alteration, demolition, or removal of
a structure, impervious surface, or stormwater management system; or
2. Clearing, scraping, grubbing, or otherwise removing or killing
the vegetation of a site; or
3 . Adding, removing, exposing, excavating, leveling, grading,
digging, dumping, or otherwise disturbing the soil or rock of a site in a manner
contrary to the requirements of this ordinance.
DRAINAGE AREA shall mean the watershed area contributing surface
and stormwater runoff to a stormwater management system.
ENGINEER shall mean a professional engineer registered in Arkansas,
or other person exempted pursuant to the provisions of the Arkansas State
Statutes, who is competent in the fields of hydrology and stormwater
management.
EROSION shall mean the removal of soil particles by the action of water,
wind, ice, or other geological agents.
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FLOOD PLAIN in general shall mean, for a given flood event, that area
of land that is temporarily covered by water and that adjoins a watercourse. In
FEMA regulated, or established flood plains, the flood plains shall mean the area
subject to inundation from any source during the regulatory event.
FLOODWAY shall mean the channel of a stream, plus any adjacent flood
plain areas that must be kept free of encroachment so that the 100-year flood
discharge can be conveyed without increases of more than a specified amount in
base flood elevations, either zero or one foot depending on specific location. This
is an area of significant depths and velocities and therefore due consideration
should be given to the effects of fill and loss of cross sectional flow area. The
result of reduced cross sectional flow area is increased water surface elevations.
HISTORIC DISCHARGE OR VOLUME shall mean the peak rate or
volume at which stormwater runoff leaves a parcel of land in an
undisturbed/natural site condition either by gravity or by the legally allowable
discharge at the time of permit approval.
IMPERVIOUS SURFACE shall mean a surface that has been compacted
or covered so that it is highly resistant to infiltration by water.
OUTFALL shall mean the terminus of a storm drain, where the contents
are released.
PEAK FLOW shall mean the maximum rate of flow of water at a given
point and time resulting from a given storm event.
PEAK FLOW ATTENUATION shall mean the reduction of the peak
discharge of storm runoff by storage and gradual release of that stored flow.
REGULATORY AREA, that portion of the floodplain subject to
inundation by the 100-year flood is defined as the regulatory area. Its width is
determined by the 100-year flood. Its length or reach is determined by natural
bounds such as a lake, or by structures such as a dam or bridge, or by political
or legal bounds. In the absence of complete information to define or estimate a
100-year flood, an interim regulatory area may be designated on the basis of
satisfactory existing floodplain information .
RETENTION shall mean the use of complete storage to prevent the
discharge of a given volume of stormwater runoff into surface waters.
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Ordinance No . 3895
STORMWATER shall mean the flow of water that results from and
occurs immediately following a rainfall event.
STORMWATER MANAGEMENT PLAN shall mean a plan for
receiving, handling, and transporting storm and surface waters within the City of
Fayetteville stormwater management system.
STORMWATER MANAGEMENT SYSTEM shall include all natural
and man-made elements used to convey stormwater from the first point of impact
with the surface of the earth to a suitable outlet location internal or external to the
boundaries of the City of Fayetteville. The stormwater management system
includes all pipes, channels, streams, ditches, wetlands, sinkholes, detention/
retention basins, ponds, lakes, and other stormwater conveyance and treatment
facilities, whether public or private.
STREAM CORRIDOR shall mean the landscape and physical features on
both sides of a stream, including soils, slope, and vegetation, whose alteration can
directly impact the stream's physical characteristics and biological properties.
SURFACE WATER shall mean water that finds its way to an open
channel without infiltrating into the soil .
STORMWATER MANAGEMENT, DRAINAGE, AND EROSION
CONTROL PERMIT shall mean a construction permit issued by the City of
Fayetteville in compliance with the provisions of this Ordinance.
§ 163 .03 ADOPTION OF DRAINAGE CRITERIA MANUAL. The
City Council hereby adopts by reference the Drainage Criteria Manual, prepared
for the City of Fayetteville and adopted by this Ordinance of the City of
Fayetteville, and as may be amended from time to time. All technical procedures
and design standards contained therein shall have the same force and effect as if
printed word for word herein.
§ 163 .04 PERMITS REQUIRED.
(A) APPLICABILITY . This ordinance shall apply to all land within
the corporate limits of the City of Fayetteville and the Fayetteville Planning Area.
No person may subdivide, develop, change to a more intensive land use, construct
or reconstruct a structure, or change the size of a structure, except as hereinafter
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exempted, without first obtaining a Stormwater Management, Drainage and
Erosion Control Permit from the City of Fayetteville. The City of Fayetteville
issues two types of Stormwater Management, Drainage, and Erosion Control
permits as identified in the following subsections (1) and (2) :
( 1 ) Construction permit applications for the stormwater
management, drainage and erosion control shall be required prior to initiating any
construction, development, or alteration activities, and shall be approved by the
City Engineer.
(2) Grading permit applications shall be submitted in accordance
with Chapter 161 : Physical Alteration of Land, of the Code of Fayetteville,
Arkansas. The grading permit requirements may be combined into the stormwater
management, drainage and erosion control permit when determined appropriate
by the City Engineer.
(B) EXEMPTIONS. All construction grading, clearing, filling, or
remodeling activities shall have a Stormwater Management, Drainage, and Erosion
Control Permit approved before a building permit is issued or subdivision is
approved, except for the following:
(1 ) One single-family or duplex residence, with or without a
second "granny " residence where allowed, built on one individual lot that is
either a part of a larger subdivision that has been issued an approved Stormwater
Management, Drainage, and Erosion Control Permit or an existing platted tract
of land. This exemption shall not apply to any individual , family, firm,
company or organization constructing more than one residence, with or without
an additional "granny " house, in a specific approved subdivision or development
or on a platted tract of land.
(2) One commercial or industrial structure, or complex, built on
an individual lot that is part of a larger subdivision that has been issued an
approved Stormwater, Drainage, and Erosion Control Permit. This exemption
shall not apply to any individual, family, firm, company or organization
constructing more than one building, or complex, on an individual lot within an
approved subdivision.
(3) Existing commercial or industrial structure where additional
structural improvements are less than 500 square feet.
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Ordinance No . 3895
(4) Maintenance activity that does not change or affect the quality ,
rate, volume, or location of stormwater flows on the site, or runoff from the site.
(5) Bona fide agricultural pursuits for which a soil conservation
plan has been approved by the local Soil and Water Conservation District.
(6) Action taken under emergency conditions either to prevent
imminent harm or danger to persons or to protect property from imminent danger
of fire, violent storms, or other hazards.
(C) STATUS OF PREVIOUS APPROVALS. Projects with unexpired
permits approved and all preliminary plats approved by the City Engineer prior
to the effective date of this Ordinance shall meet only the requirements in effect
when the permit was approved.
§ 163 .05 PERMIT CONDITIONS. Each permit issued shall be subject
to the following conditions:
(A) Area. The development, including associated construction, shall be
conducted only within the area specified in the approved permit.
(B) Execution. Activities requiring a Stormwater Management,
Drainage, and Erosion Control Permit shall not commence until the construction
permit is approved. The approved construction permit shall be on file with the
City and a copy on file with the Contractor for review and inspection upon
request.
(C) Inspections. A schedule of inspections to be carried out during the
construction phase of permitting shall be established as conditions to the permit.
(D) Duration . Unless revoked or otherwise modified, the duration of a
construction permit issued pursuant to this Ordinance shall be 1 year.
If the permitted project discharge structure is not completed prior
to expiration, the construction permit duration can be extended to cover the
project duration, subject to approval of the City Engineer.
(E) Maintenance. Maintenance activities, as specified in the approved
maintenance plan, shall be executed routinely, with scheduled reporting to the
City Engineer.
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(F) Modifications. If the activity authorized by the permit is not
completed according to the approved schedule and permit conditions, the City
Engineer shall be notified. For revisions resulting in a schedule extension of
more than 30 days, or if deviations from the permit conditions are expected to
occur, approval of a permit modification is required by the City Engineer.
(G) Transfer. No transfer, assignment, or sale of the rights granted by
virtue of an approved permit shall be made without prior written approval from
the City Engineer.
(H) Special. Any additional special conditions, as deemed appropriate
by the City Engineer, shall be established to address specific project needs or
circumstances.
§ 163 .06 STORMWATER MANAGEMENT, DRAINAGE, AND
EROSION CONTROL PERMIT APPLICATION.
(A) SUBMITTALS . A Stormwater Management, Drainage, and Erosion
Control Permit application shall be submitted to the City Engineer using
appropriate forms as provided by the City of Fayetteville. A permit application
shall contain sufficient information and plans to allow the City Engineer to
determine whether the project complies with the requirements of this ordinance.
The specific items to be submitted for a permit application shall be in the form
and follow the procedures as described in the Drainage Criteria Manual, Section
I . Drainage Report Checklist. Submittal information and plans shall include, but
not be limited to the following:
(1) Applicant information, including the name, address, and
telephone number of the owner and developer, and proof of ownership for the
property to be permitted. In addition, the legal description of the property shall
be provided, and its location with reference to such landmarks as major
waterbodies.
(2) Stormwater Management, Drainage and Erosion Control
Plan, shall include but not be limited to the following:
(a) Aerial photograph, if available, of the project
vicinity, covering the project area and the total lands that contribute runoff.
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(b) Topographic map of the project area, showing the
location and elevation of benchmarks, including at least one benchmark for each
control structure.
(c) Land use map showing both current and proposed
conditions for the drainage area that contributes runoff.
(d) Soils and vegetation map displaying the most recent
U .S . Soil Conservation Service information and encompassing both the project
area and the drainage area that contributes runoff.
(e) Proposed grading, drainage, paving, and building
drawing(s) showing details of proposed grading, drainage, paving, and
buildings.
(f) Erosion and sediment control drawing(s) and
specifications identifying the type, location, and schedule for implementing
erosion and sediment control measures, including appropriate provisions for
maintenance and disposition of temporary measures.
(g) Technical report, prepared by a registered professional
engineer, describing the assumptions, calculations, and procedures used for
determining compliance with the performance criteria established by this
ordinance.
(h) Maintenance report (text and drawings), prepared by
a registered professional engineer, describing the activities and schedule required
to operate and maintain the permitted facilities until accepted by the City .
§ 163 .07 PROCEDURE FOR THE SUBMISSION, REVIEW, AND
APPROVAL OF STORMWATER MANAGEMENT, DRAINAGE, AND
EROSION CONTROL PLANS.
(A) GENERAL. The Stormwater Management, Drainage, and Erosion
Control plans shall be prepared by the Engineer of Record, who is a licensed
professional engineer of the State of Arkansas.
(B) PRE-PRELIMINARY DRAINAGE PLAN REVIEW . A Pre-
preliminary Stormwater Management, Drainage, and Erosion Control plan review
with the Engineering staff is suggested before platting, replats, lot-splits, building
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Ordinance No . 3895
permits, and/or development improvements begin for the purpose of overall
general drainage concept review.
(C) PRELIMINARY STORMWATER AND DRAINAGE PLAN .
Preliminary Stormwater Management, Drainage, and Erosion Control plans and
accompanying information as described in the Drainage Criteria Manual shall be
submitted at the time of the preliminary plat, replat, lot-split, building permit
and/or development improvements are submitted. If needed, a review meeting
will be scheduled by the City Engineer with representatives of the developer,
including the Engineer, to review the overall concepts included in the preliminary
Stormwater Management, Drainage, and Erosion Control Plan. The purpose of
this review shall be to jointly agree upon an overall stormwater management
concept for the proposed development and to review criteria and design
parameters that shall apply to final design of the project.
(D) FINAL STORMWATER MANAGEMENT, DRAINAGE,
AND EROSION CONTROL PLAN . Following the preliminary Stormwater
Management, Drainage, and Erosion Control Plan review, the final Stormwater
Management, Drainage, and Erosion Control Plan shall be prepared for each
phase of the proposed project as each phase is developed. The final plan shall
constitute a refinement of the concepts approved in the preliminary Stormwater,
Drainage, and Erosion Control Plan, with preparation and submittal of detailed
information as required in the Drainage Criteria Manual . This plan shall be
submitted at the time construction drawings are submitted for approval.
(E) REVIEW AND APPROVAL OF FINAL STORMWATER
MANAGEMENT, DRAINAGE, AND EROSION CONTROL PLANS . Final
Stormwater Management, Drainage, and Erosion Control Plans shall be reviewed
by the City Engineer. If it is determined according to present engineering practice
that the proposed development will provide control of stormwater runoff in
accordance with the purposes, design criteria, and performance standards of these
regulations and will not be detrimental to the public health, safety, and general
welfare, the City Engineer shall approve the plan or conditionally approve the
plan, setting forth the conditions thereof.
(F) OFFSITE IMPROVEMENTS_ if it is determined that offsite
drainage improvements are required, and that such specific offsite drainage
improvements are consistent with the City's current and established priorities, then
cost sharing will be in accordance with City Ordinance 159.33 , "Required Off-
Site Improvements, Subdivision Regulations" , of the Code of Fayetteville, Arkansas.
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If the City is unable, or unwilling, to contribute its share of the offsite
costs, the developer shall have the option of
(a) building the offsite improvements at his own expense,
(b) providing detention so as to match downstream capacities, or
(c) delaying the project until the City is able, or willing, to share in the
offsite costs.
§ 163 .08 PERFORMANCE CRITERIA. Stormwater Management,
Drainage, and Erosion Control Plans shall be prepared in accordance with
performance standards that have been structured to achieve the purposes and
objectives of this ordinance as well as to ensure that the quality and quantity of
runoff after development is not substantially altered from pre-development
conditions.
Except as otherwise provided in this ordinance, a development must be
designed, constructed, operated, and maintained to comply with the following
performance criteria:
(A) FLOODPLAIN MANAGEMENT. Provisions for floodplain
management criteria shall be consistent with those contained in Chapter 153 , the
Flood Damage Prevention Code, of the Code of Fayetteville, Arkansas.
(B) PEAK DISCHARGE. The post-development peak rate of surface
discharge must not exceed the existing discharge for the 100-year, 24-hour storm,
the 10-year, 24-hour storm, and the 2-year, 24-hour storm, unless other discharge
limits are deemed applicable for a specific site by the City Engineer.
(C) EROSION AND CHANNEL STABILITY. All stormwater
management systems shall be evaluated based on their ability to prevent erosion
and sedimentation of the receiving waters and adverse impacts on the site's natural
systems. The design Engineer shall consider the on-site and downstream effects
of the peak discharges and shall design both the permanent and the construction
phase of the stormwater management system in a manner that will not increase
flooding, channel instability or erosion downstream when considered in aggregate
with other developed properties and downstream drainage capacities.
(D) DRAINAGE INTO WETLANDS. Areas defined as "wetlands"
by the appropriate Federal agencies shall be protected from adverse changes in
runoff quantity and quality from associated land development.
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(E) DRAINAGE CRITERIA MANUAL. The technical procedures
and design standards contained in the Drainage Criteria Manual, prepared for the
City of Fayetteville and adopted by this Ordinance of the City of Fayetteville, and
as may be amended from time to time, shall be used for guidance to determine
compliance with the performance criteria established by this Ordinance.
§ 163 .09 MAINTENANCE RESPONSIBILITY.
(A) DEDICATION . Those stormwater management systems approved
in compliance with this ordinance that will function as an integral part of the
system maintained by the City of Fayetteville shall be dedicated to the City of
Fayetteville. All areas and/or structures to be dedicated to the City of Fayetteville
must be dedicated by plat or separate instrument and accepted by formal letter
from the City Engineer.
(B) APPROVED ENTITIES. All stormwater management systems
accepted as dedications by the City of Fayetteville shall be maintained by the City
of Fayetteville. Maintenance of all other stormwater management systems
approved in compliance with this ordinance shall be accomplished by the legal
entity responsible for maintenance, which may include an approved entity as
identified in the following:
( 1) Local government. A county, municipality, municipal service
taxing unit, special district, or other appropriate governmental unit.
(2) Special district. An active water control district, a drainage
district, or a special assessment district.
(3) State or federal agency . An appropriate state or federal
agency.
(4) Public utility. An officially franchised, licensed, or approved
communication, water, sewer, electrical, stormwater, or other public utility .
(5) Developer or property owner. A developer or property
owner who provides a bond or other assurance of continued financial capability
to operate and maintain stormwater management systems and who executes a legal
maintenance agreement with the City of Fayetteville.
(6) Property owner association. Property owner associations