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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Ordinance No , 3895
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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Ordinance No , 3895
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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Ordinance No , 3895
(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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Ordinance No ,
(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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Ordinance No , 3895
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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Ordinance No . 3895
(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
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Ordinance No
3895
able to comply with the following provisions:
(a) The association provides a binding legal instrument
through which it assumes full responsibility for stormwater management system
operation and maintenance.
(b) The association has sufficient powers to operate and
maintain the system, establish rules, assess members, contract for services, exist
perpetually, and, if dissolved, to provide alternative operation and maintenance
services.
(c) The association can provide a bond or other assurance
of financial capability to operate and maintain the system.
All systems not
dedicated to the City
of Fayetteville
shall have adequate
easements to permit the
City of Fayetteville
to inspect and,
if necessary, to take
corrective action should
the responsible entity
fail to properly
maintain the system.
(C) INSPECTIONS. As part of the construction -permit approval
process, a construction inspection schedule shall be established to address critical
project milestones. Under the approved inspection schedule, no work shall
proceed until the City Engineer inspects and authorizes work to proceed beyond
each schedule milestone. Any portion of the work that does not comply with the
permit conditions shall be specified in writing by the City Engineer and promptly
corrected by the responsible entity, (see §163.12). For approved entities
maintaining stormwater management systems not dedicated to the city, periodic
inspections by the City of Fayetteville to ensure continued maintenance of the
stormwater management system after construction is complete will be established
as conditions to the operation of the stormwater management system.
§163.10 PROCESSING AND FEES. Procedures for processing of
permit applications shall be as follows:
(A) APPLICATION. Stormwater Management, Drainage, and
Erosion Control Permit applications shall be submitted to the City of Fayetteville
for review, processing, and approval. Applicants may schedule a pre -application
conference with the City of Fayetteville to discuss a proposed project before
submitting the application.
(B) FEES. A non-refundable permit application fee shall be paid when
the application is submitted to help cover the cost of plan review, administration
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Ordinance No. 3895
and management of the permitting process, and inspection of project
implementation and operation. A schedule of application fees are set forth in the
following table.
Up to 0.5 acre $75/Permit
0.51 to 1.0 acre $100/Permit
Over 1.0 acre $200/Permit
Appeals $100
(C) ISSUANCE. If the City Engineer determines that the permit
application submittal is in compliance with all provisions of this ordinance, a
permit may be issued. If the City Engineer determines that the permit application
submittal does not conform with all provisions of this ordinance, permit issuance
shall be denied and a written statement as to the reasons for the denial shall be
provided to the applicant.
(D) APPEALS. Any applicant who believes that a permit application
is denied without sufficient cause and that the submittal conforms with all
provisions of this ordinance may petition in writing to the City Council of the
City of Fayetteville.
§163.11 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
chapter 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.
§163.12 ENFORCEMENT AND PENALTIES.
(A) ENFORCEMENT
(1) VIOLATION NOTICE. When the City Engineer determines
that development activity or maintenance of an approved stormwater management
system is not being carried out in accordance with the requirements of this
Ordinance, a written notice of violation shall be issued to the owner or other
appropriate responsible entity. The notice of violation shall contain the following
items:
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Ordinance No
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3895
(a) The name and address of the owner or other responsible
(b) The street address, when available, or a description of
the building, structure, or land where the violation is occurring.
(c) A statement specifying the nature of the violation.
(e) A description of the remedial actions necessary to bring
the development activity into compliance with this Ordinance, and a time schedule
for completion of such remedial actions.
(f) A statement of the penalty or penalties that shall or may
be assessed against the person(s) to whom the notice of violation is directed.
(g) Said notice is to be served upon the person(s) to whom
it is directed either personally, in the manner provided for personal service of
notices in the court, or through certified mail, postage prepaid, return receipt
requested.
(h) A notice of violation issued pursuant to this section
constitutes a determination from which an administrative appeal may be taken to
the City Council of the City of Fayetteville.
(2) REVOCATION OF PERMIT/STOP WORK ORDER.
(a) The City Engineer, after giving 48 hours written notice,
may revoke the permit, if remedial work is not undertaken as directed. Upon
revocation of a permit, the City Engineer shall issue a stop work order.
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. 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.
(b) Failure to apply for or receive a Stormwater
Management, Drainage and Erosion Control Permit as set forth herein shall result
in an immediate stop work order being issued by the City Engineer.
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Ordinance No. 3895
(3) LIEN ON PROPERTY. if the conditions described in a
notice are not removed or corrected within the prescribed time period set forth in
the notice, the Mayor, 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.
(B) PENALTY
Any person failing to comply with the Stormwater Management,
Drainage and Erosion Control Permit, Conditions, Plans and/or Performance
Criteria shall, upon conviction, be guilty of a misdemeanor and shall be punished
by a fine of up to $500.00. Each day's violation shall be deemed a separate
offense.
§163.13 MAINTENANCE BOND. A one (1) year Maintenance Bond
for the stormwater management and drainage system shall be required in the
amount of one-half of the total construction cost of the stormwater management
and drainage system. The bond shall run from the date of final acceptance and
for a one (1) year period thereafter. A walk-through shall be performed at the
end of the one (1) year period and all deficiencies corrected prior to release of the
bond.
§163.14 VARIANCE.
The
City of Fayetteville
may grant a written
variance from any requirement of
this
ordinance using the
following criteria:
(A)
There are
special
circumstances applicable to
the subject property
or its intended
use; and
(B) The granting of the variance will not result in:
(1) An increase in the rate or volume of surface water runoff;
(2) An adverse impact on any adjacent property, wetlands,
water course, or waterbody;
(3) Degradation of water quality; or
(4) Otherwise impairing attainment of the objectives of this
ordinance.
•
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Ordinance No. 3895
§163.15 SEVERABILITY. If any section, subsection, sentence, clause,
or phrase of this ordinance is held to be invalid or unconstitutional by any court
of competent jurisdiction, then said holding shall in no way affect the validity of
the remaining portions of this ordinance. All ordinances or parts of ordinances
in conflict herewith are, to the extent of such conflict, hereby repealed.
Section 2. The City Council hereby determines that stormwater management, drainage
and erosion control plans, permits and drainage criteria are necessary because of the rapid growth
and development of Fayetteville and accordingly, unless the aforesaid provisions are put into
effect immediately, the public health, safety, and welfare of the people of Fayetteville will be
adversely affected. Therefore, an emergency is hereby declared to exist and this ordinance being
necessary for the public health, safety, and welfare shall be in full force and effect from and
after its passage and approval.
PASSED AND APPROVED this 2o/, day of June , 1995.
APPROVED:
B
Y:
Fred Hanna, Mayor I Pa
ATTEST:,
By: (//IX,
Traci Paul, City Clerk
I
STATE OF ARKANSAS 1
ss.
County of Washington
I,1 hereby cer-
tify that I am the publishyff THE NORTHWEST ARKANSAS TIMES, a daily
newspaper having a second ss 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 adefinite 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 newspaperpublishes an average of more than forty percent news
matter.
certify that the legal notice hereto attached in the matter of
'_jndV 3895
was published in the regular daily issue of said newspaper for 1
consecutive insertions as follows:
The first insertion on the.Q____ day of 19
the second insertion on the day of 19
the third insertion on
of 19
and the fourth insertion on the day of 19
Publisher/General Manager
JUL 0 7 Iss5
FINANCE DEPT.
Sworn toandsubscribed before me on this (} day of
alAlkj. 19 ' S lJp['
h ✓ \ A
Catherine Sall t Notary Public
My Commission Exp' esNotary Public, State of Arkansas
WashingtonCounty
My Commission Expires 02/27/05'<
«<1c
Fees for Printing $ ..125L55
Cost of Proof $ -�,�
Total $
ci
I p Nmthwett AtttnsasT®es, Fri., June 30, 1995
O Fayeetevife, Arkansas
the City.
163.07 PROCEDURE FOR
THE SUBMISSION, RE-
VIEW, AND APPROVAL
OF STORMWATER MAN-
AGEMENT, DRAINAGE,
AND EROSION CONTROL
PLANS.
(A) GENERAL. The Storm -
water Management, Drain-
age, and Erosion Control
plans shall be prepared by
the' Engineer of Record.
who is a licensed profes-
sional engineer of the State
of Arkansas.
(8) PRE -PRELIMINARY
DRAINAGE PLAN REVIEW.
A Pre -preliminary Stormwa-
ter Management. Drainage.
and Erosion Control plan re-
view with the Engineering
staff is suggested before
platting. replats. lot -splits,
building
permits, and/or develop-
ment improvements begin
for the purpose of overall
general drainage concept
review.
(C) PRELIMINARY STORM.
WATER AND DRAINAGE
PLAN.minary 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 STORM -
WATER MANAGEMENT,
DRAINAGE. AND EROSION
CONTROL PLAN. Following
the preliminary Stormwater
Management Drainage, and
Erosion Control Plan review,
the final Stormwater Man-
agement, Drainage, and
Erosion Control Plan shall
be prepared for each phase
of the proposed project as
each phase is developed.
The final plan shall consti-
tute a refinement of the
concepts approved in the
preliminary Stormwater.
Drainage, and Erosion Con-
trol Plan, with preparation
and submittal of detailed in-
formation as required in the
Drainage Criteria Manual.
This plan shall be submitted
at the time construction
drawings are submitted for
approval.
(El REVIEW AND AP-
PROVAL OF FINAL
STORMWATER MANAGE-
MENT. DRAINAGE, AND
EROSION CONTROL
PLANS. Final Stormwater
Management, Drainage, and
Erosion Control Plans shall
be reviewed by the City En-
gineer, If It is determined
according to present engi-
neering practice by the City
Engineer. If it is determined
according to present engi-
neering practice that the
proposed development will
provide control of stormwa-
ter runoff in accordance
with the purposes, design
criteria, and performance
standards of these regula-
tions and will not be detri-
mental to the public health.
safety, and general welfare,
the City Engineer shall ap-
prove the plan or condition-
ally approve the plan, set-
ting forth the conditions
thereof.
(F) OFFSITE IMPROVE-
MENTS. If it Is determined
that offsite drainage im-
provements are required.
and that Such Specific of-
fsite drainage improve-
ments are consistent with
the City's current and es-
tablished priorities, then
cost sharing will be in ac-
cordance with City Ordi-
nance 159.33, "Required
Off -Site Improvements,
Subdivision Regulations", of
the Code of Fayetteville,
Arkansas.
If the City is unable. or un-
willing, to contribute its
share of the offsite costs,
the developer shall have
the option of
(a) building the offsite im-
provements at his own ex-
pense.
(b) providing detention so
as to match downstream
capacities, or
(c) delaying the project un-
til the City is able, or will-
ing, to share in the offsite
costs.
163.08 PERFORMANCE
CRITERIA Stormwater Man-
agement, 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 ordi-
nance as well as to ensure
that the quality and quantity
of runoff after development
is not substantially altered
from pre -development con-
ditions.
Except as otherwise
provided in this ordinance, a
development must be de-
signed. constructed, oper.
ated, and maintained to
comply with the following
performance criteria:
(A) FLOODPLAIN MAN-
AGEMENT. 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 dis-
charge for the 100 -year,
24 -hour storm, the 10 -year,
24 -hour storm. and the
2 -year, 24 -hour storm, un-
less other discharge limits
are deemed applicable for a
specific site by the City En-
gineer.
(C) EROSION AND CHAN-
NEL STABILITY. All storm -
water management sys-
tems shall be evaluated
based on their ability to
prevent erosion and se-
dimentation of the receiving
waters and adverse impacts
on the site's natural sys-
tems. The design Engineer
shall consider the on -site
and downstream effects of
the peak discharges and
shall design both the per-
manent and the construc-
tion phase of the stormwa-
ter management system in
a manner that will not in-
crease flooding, channel in-
stability or erosion downs-
tream when considered in
aggregate with other deve-
loped properties and
downstream drainage ca-
pacities.
(D) DRAINAGE INTO WET-
LANDS. Areas defined as
"wetlands" by the appropri-
ate Federal agencies shall
be protected from adverse
changes in runoff quantity
and quality from associated
land development.
(E) DRAINAGE CRITERIA
MANUAL. The technical
procedures and design stan-
dards 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 gui-
dance to determine com-
pliance with the perfor-
mance criteria established
by this Ordinance.
143.09 MAINTENANCE
RESPONSIBILITY
(A) DEDICATION. Those
stormwater management
systems approved in com-
pliance with this ordinance
that will function as an in-
tegral part of the system
maintained by the City of
Fayetteville shall be dedi-
cated to the City of Fayet-
teville. 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 manage-
ment systems accepted as
dedications by the City of
Fayetteville shall be main-
tained by the City of Fayet-
teville. Maintenance of all
other stormwater manage-
ment systems approved in
compliance with this ordi-
nance shall be accom-
plished by the legal entity
responsible for mainte-
nance, which may include
an approved entity as iden-
tified in the following.
(1) Local government. A
county, municipality, munici-
pal service taxing unit, spe-
cial district, or other appro-
priate governmental unit.
(2) Speed district. An ac-
tive water control district, a
drainage district, or a spe-
cial assessment district.
(3) State or federal
agency. An appropriate
state or federal agency.
(4) Public utility. An offi-
cially franchised, licensed,
or approved communication,
water, sewer, electrical,
stormwater, or other public
utility.
(5) Developer or property
owner. A developer or
property owner who pro-
vides a bond or other assur-
ance of continued financial
capability to operate and
maintain stormwater man-
agement systems and who
executes a legal mainte-
nance agreement with the
City of Fayetteville.
(6) Property owner ease -
elation. Property owner
associations
able to comply with the fol-
lowing provisions:
(a) The association provides
a binding legal instrument
through which it assumes
full responsibility for storm -
water management system
operation and maintenance.
(b) The association has suf-
ficient powers to operate
and maintain the system.
establish rules, assess
members, contract for ser-
vices, exist'perpetually, and,
if dissolved. to provide al-
ternative operation and
maintenance services.
(c) The association can pro-
vide a bond or other assur-
ance of financial capability
to operate and maintain the
system.
All systems not dedi-
cated to the City of Fayet-
teville Shall have adequate
easements to permit the
City of Fayetteville to in-
spect and. it necessary, to
take corrective action
should the responsible en-
tity fail to properly maintain
the system.
(C) INSPECTIONS. As pan
of the construction -permit
approval process, a con-
struction inspection sche-
dule shall be established to
address critical project
milestones. Under the ap-
proved inspection schedule,
no work shall proceed until
the City Engineer inspects
and authorizes work to pro-
ceed beyond each schedule
milestone. Any portion of
the work that does not
comply with the permit
conditions shall be specified
in writing by the City Engi-
neer and promptly cor-
rected by the responsible
entity. (see 163.12). For ap-
proved entities maintaining
stormwater management
systems not dedicated to
the city. periodic inspec-
tions by the City of Fayette-
ville, to ensure continued
maintenance of the storm -
water management system
after construction Is com-
plete will be established as
conditions to the operation
of the stormwater manage-
ment system.
163.10 PROCESSING AND
FEES. Procedures for pro-
cessing of permit applica-
tions shall be as follows:
(A) APPLICATION. Storm -
water Management, Drain.
age, and Erosion Control
Permit applications shall be
submitted to the City of
Fayetteville for review, pro-
cessing, and approval. Appl-
icants may schedule a pre -
application conference with
the City of Fayetteville to
discuss a proposed project
before submitting the appli-
cation.
(B) FEES. A non-refundable
permit application fee shall
be paid when the applica-
tion is submitted to help
cover the cost of plan re-
view, administration
and management of the
permitting process, and in-
spection of project im-
plementation and operation.
A schedule of application
fees are set forth in the fol-
from which an administra-
runoff;
lowing table. Fee
the appeal may be taken to
(2) An adverse impact on
Up to 0.5 acre $75/Permit
the City Council of the City
any adjacent property, wet -
0.51 to 1.0 acre
of Fayetteville.
lands. water course, or
$100/Permit
(2) REVOCATION OF
waterbody;
Over 1.0 acre
PERMIT/STOP WORK OR-
(3) Degradation of water
$200/Permit
DER.
quality; or
Appeals $100
(a) The City Engineer, after
(4) Otherwise impairing at -
(C) ISSUANCE. If the City
giving 48 hours written no-
tainment of the objectives
Engineer determines that
tice. may revoke the per-
of this ordinance.
the permit application sub-
mit, if remedial work is not
163.15 SEVERABILITY. If
mittal is in compliance with
undertaken as directed,
any section, subsection.
all provisions of this ordi-
Upon revocation of a per-
sentence, clause, or phrase
nance, a permit may be
mit, the City Engineer shall
of this ordinance is held to
issued. If the City Engineer
issue a stop work order,
be invalid or, unconstitu.
determines that the permit
Such stop work order shall
tional by any court of com-
application submittal does
be directed to the permit-
petent jurisdiction, then said
not conform with all provi-
tee, who shall immediately
holding shall in no way af-
sions of this ordinance, per-
notify the landowner, dove-
fect the validity of the re-
mit issuance shall be de-
loper. and all persons or
maining portions of this or-
nied and a written state-
firms performing the physi-
dinance. All ordinances or
ment as to the reasons for
cal -work. The stop work or-
parts of ordinances in con -
the denial shall be provided
der shall direct the parties
flictherewith are, to the ex -
to the applicant,
involved to cease and de-
tent of such conflict, hereby
(D) APPEALS. Any applic-
sist all work on the deve-
repealed.
ant who believes that a par-
lopment except required re
--Section 2. The City Council
mit application is denied
medial work necessary to
hereby determines that
without sufficient cause and
bring the project into com-
stormwater management,
that the submittal conforms
pliance,
drainage and erosion control
with all provisions of this
(b) Failure to apply for or
plans, permits and drainage
ordinance may petition in
receive a Stormwater Man-
criteria are necessary be -
writing to the City Council
agement. Drainage and Ero-
cause of the rapid growth,
of the City of Fayetteville.
sion Control Permit as set
and developmpnt of Fayet-
163.11 EXCLUSION OF
forth herein shall result in
teville and accordingly, un-
CITY WARRANTY ON LIA-
an immediate stop work or-
less the aforesaid provi-I
BILITY. Nothing contained
der being issued by the
sions are put into effect im-
herein shall be construed or
City Engineer,
mediately, the public health,
interpreted to constitute a
(3) LIEN ON PROPERTY, if
safety, and welfare of the
warranty by the City of the
the conditions described in
people of Fayetteville will
compliance of any person
a notice are not removed or
be adversely affected.
or persons with the provi-
corrected within the pre-
Therefore, an emergency is
sions of this chapter andhereby
timeo period set
declared to exist
the City assumes no addi-
fsorlhe in
(oath the n other, the
e,
and this ordinance bein c
tional sility a result of
her e.
t i, epr
heaess sryaf for the publelfare
he
the provisions contained ho-
authorized s
ednto en, is
health, safety. and welfare
rein. Nothing contained he-
ereby authorized r
hpon to enter
shall be in full force and ef-
rein negates or waives the
upon the property and do
fect from and after its pas -
Statutory immunity of the
whatever is necessary to
sage and approval.
City,
correct or remove the con -
163.12 ENFORCEMENT
ditions described in the no-
PASSED AND APPROVED
AND PENALTIES.
Tice. The costs of correcting
this 19th day of June,
(A) ENFORCEMENT
said conditions shall be
1995.
(1) VIOLATION NOTICE.
charged to the owner,•and
When the City Engineer de
--the City shall have a lien
APPROVED: Fred Hanna,
termines that development
against such property for
Mayor
activity or maintenance of
such costs.
an approved stormwater
(B) PENALTY Any person
ATTEST: By: Traci Paul,
management system is not
failing to comply with the
City Clerk
being carried out in accor-
Stormwater Management,
dance with the require-
Drainage and Erosion Con-
ments of this Ordinance, a
trol Permit. Conditions,
written notice of violation
Plans and/or Performance
shall be issued to the
Criteria shall, upon convlc-
owner or other appropriate
tion, be guilty of a misde-
responsible entity. The no-
meanor and shall be pun-
tice of violation shall con-
ished by a fine of up to
tam n the following Items:
$500.00. Each day's viola -
(a) The name and address
tion shall be deemed a Se -
of the owner or other ra-
parate offense.
sponslbleentity,
163.13 MAINTENANCE
(b) The street address,
BOND. A one (1) year
when available, or a de-
Maintenance Bond for the
scription of the building,
stormwater management
structure, or land where the
and drainage system shall
violation is occurring.
be required in the amount
(c) A statement specifying
of one-half of the total con -
the nature of the violation.
struction cost of the storm -
(e) A description of the re-
water management and
medial actions necessary to
drainage system. The bond
bring the development ac-
shall run from the date of
tivity into compliance with
final acceptance and for a
this Ordinance. and a time
one (I) year period thereaf-
schedule for completion of
ter. A walk-through shall be
such remedial actions,
performed at the end of the
(f) A statement of the pen-
one (1) year period and all
alty or penalties that shall
deficiencies corrected prior
or may be assessed against
to release of the bond.
the person(s) to whom the
163.14 VARIANCE. The
notice of violation is di-
City of Fayetteville may
rected,
grant a written variance
(g) Said notice is to be
from any requirement of
served upon the person(s)
this ordinance using the fol-
to whom it is directed
lowing criteria:
I
either personally, in the
(A) There are special cir-
manner provided for per-
cumstances applicable to
sonal service of notices in
the subject property or its
the court, or through certi-
intended use: and
fied mall, postage prepaid,
(B) The granting of the var-
return receipt requested.
iance will not result In:
(h) A notice violation issued
(1) An increase in the rate
pursuant to this section
or volume of surface water
constitutes a determination
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