HomeMy WebLinkAboutOrdinance 4113 ORDINANCE NO.4 1 1 i
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT ORDINANCE, OF THE CODE OF
FAYETTEVILLE, TO PROVIDE AMENDMENTS TO AND
CLARIFICATION OF VARIOUS PROVISIONS CONCERNING
THE PHYSICAL ALTERATION OF LAND.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS :
Section 1 . That Sections 153.07 A.; 159.01 B.4.; 169.01 B.; 169.02 B.; 169.03 B. 4.
through B.9.; 169.04 B.; 169.06 A., B., C., D., E.3 ., and F.4; 169.07 A.3 ., AA., and A. 14; 169.07
B. ; 169.09; 169. 10; 169. 12 and 169. 14 of the Code of Fayetteville, are hereby repealed and the
following shall be inserted in their stead:
§153.07A. Remedial Work.
1 . A stop work order may be issued if remedial work is not being
undertaken.
2. When the City has performed remedial work, a stop work order
shall be issued and shall remain in effect until payment has been received for the
work performed.
§159.01 B.4. Physical Alteration of Land. Permit Fee.
Less than %2 Acre $ 75.00
%2 to 1 Acre 100.00
Over 1 Acre 200.00
Appeals 100.00
§169.01 B. The purpose of this chapter is to control grading, clearing, filling,
and cutting (or similar activities) which alone or in combination cause landslide,
flooding, degradation of water quality, erosion and sedimentation in storm sewer
systems and water storage basins. It is also the intent of this chapter that, through
the implementation of the guidelines and regulations contained herein, the existing
scenic character and quality of the neighborhood and city as a whole not be
diminished.
Page 2
Ordinance No. 4113
August 18, 1998
§169.02 B. Site Conditions. Development shall generally conform to the
natural contours of the land, natural drainage ways, and other existing site conditions.
§169.03 B. Exception. Exceptions to this rule are as follows:
4. Single Family/Duplex. Construction of one single family
residence or duplex except where the average slope across the lot is 15 percent or
greater or where any portion of the planned grading activities is contained within the
100 year floodplain.
5. Building Additions. 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.
6. Grading Plan Approval. 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. Any application for a grading permit
required under this chapter shall be combined with a drainage permit application
under Chapter 170 , Stormwater Management, Drainage and Erosion Control, if such
drainage permit is required. Coordination with Chapter 167, Tree Protection and
Preservation, is required.
§169.03 C. Permit Posted. A copy of the grading permit cover page shall
be posted at or near the street right of way line and shall be clearly visible from the
street.
§169.04 B. Stabilization. All graded and otherwise disturbed areas shall be
stabilized within 15 days. 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.
§169.06 LAND ALTERATION REQUIREMENTS.
A. Grading Plan Evaluation. Grading plans shall be evaluated by the City
Engineer for conformance with the minimal erosion control requirements of § 169.04
and the following requirements.
Page 3
Ordinance No. 4113
August 18, 1998
B. Requirements Varied. Requirements may be varied by the City
Engineer with the approval of the Planning Commission. The extent to which
variations may be made will depend on the soil types encounter, planned slopes,
planned vegetation, and investigative engineering reports. In no case shall the City
Engineer waive or modify any of the minimum erosion control requirements as given
in § 169.04.
C. Cut or Fill Slopes.
1 . Finish Grade. Cut or fill slopes shall have a finish grade no
steeper than 33% (3 .00 horizontal to 1 vertical), unless approved by the City
Engineer.
2. Maximum Length. The maximum length of any cut or fill slope
without a terrace (as described in D. below ) shall be one hundred (100) feet as
measured along the ground. The terrace shall be at least 6 feet wide.
3. Existing Topography. 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.
4. Setback Requirements. The following setback requirements shall
be reviewed by the City Engineer for purposes of assessing safety, stability, and
drainage problems: (See illustrations)
a. Setback from Top or Toe of Cut or Fill. Buildings shall
be set back from the top or toe of a cut or fill in accordance with Zoning, Chapters
160- 165, Building Regulations, Chapter 173, or the approved grading plan,
whichever is greatest.
b. Setbacks from Property Lines. The required setback of
retaining walls, cut slopes, and fill slopes from property lines shall be as given in the
illustrations. Property lines may be filled over or cut if a grading plan for the cut or
fill is submitted jointly by the owner of both properties and if no utility easements
are involved. If utility easements are involved, approval is required as given in "c."
below in addition to the joint submittal requirement.
c. Setbacks From the Edge of an Easement. The required
setback of retaining wall, cut slopes, and fill slopes from the edge of easements shall
be as given in the illustrations. Where no utilities are present in an casement, or
where utilities are planned to be relocated, and where such action is approved by all
utilities, then easements may fall within a cut or fill section.
Page 4
Ordinance No. 4113
d. Setbacks from Structures. The required setback of
retaining walls, cut slopes, and fill slopes from structures shall be as given in the
illustrations. If a structure forms an integral part of the retaining wall, then the
setbacks do not apply to that structure.
e. Public Rights-of-Way. Cuts adjacent to public rights-of-
way shall be set back a minimum of 25 feet, excluding driveways or access roads.
f. Calculating Setbacks. For the purpose of calculating
setbacks, any cut or fill section which is on a slope of 1 to 1 or greater shall be
considered a retaining wall.
g. Administrative Variance. Setbacks from easement lines
and structures may be varied administratively by the City Engineer if geotechnical
and/or structural information is provided that, in the opinion of the City Engineer,
justifies the variance.
It. Additional Information Required, The City Engineer
may require further geotechnical and/or structural information to show that setbacks
greater than those given are not needed to protect property, utilities, or the integrity
of property lines.
I r y
I
I
�fCONST-n _MITS
OF RELAINING INING ""-LL
m 5' MIN.
P or L
—+ I 5'
Jr rL
S/B - I '
= PROPERTY LINE
= EASEMENT LME
-
S/B = SET BACK
C - CONSTRUCTION DISTANCE
H = HEIGHT OF RETAINING WALL
NOTE: SETBACKS MAY BE INCREASED WHEN ADJACENT T�
EASEMENTS WITH DEEP SANITARY SEWER OR OTHER LEEP TINES.
Page 5
Ordinance No. 4113 _
FL
S SLOPE
5: 1 or LESS 2'
5: 1 to 3: 1 5'
3: 1 to 1 :1 8''
> 1 : 1 TREAT AS RETAINING WALL
i
R or i S/B SB - C + 5'
S/B - 5'
CONSTRUCTION LIMITS
PROPERTY & EASEMENT LINES
r.
L S/B = 2
S S/B
< 3: 1 5'
3:1 to 1 :1 10'
> 1 : 1 TREAT AS RETAINING WALL
�--- S/B t0'
S/B = 54 -r
NOTE: SETBACKS MAY BE INCREASED AS NECESSARY TO PROVIDE
FOR SURCHARGES AND/OR TO PROTECT EXISTING STRUCTURES.
STRUCTURES
rcc
Page 6
Ordinance No. 4113SB - -
S/B -►I
_ 10+{
-- I1
1
1
_ 1
1
/-CONSTRUCTION LIMITS
-.{{II
S/B SC + 10'
+
IS/
C
H
S/B 4H/3 H a HEIGHT OF RETAINING 'HALL
STRUCTURES
D. Cuts. "
1. Vertical Height. Cuts shall be limited to 10 feet in vertical height,
unless information demonstrating slope stability, erosion control and drainage control
is provided together with a revegetation plan. For non-solid rock cuts, terraces shall
be required for cut and fill slopes greater than 10 feet in height. It is recommended
that terracing be at a maximum ratio of one foot of horizontal terrace for every foot
of vertical surface.
2. Maximum Vertical Cut. In solid rock, as determined by
geotechnical and engineering data approved by the City Engineer, the maximum
vertical cut shall be 30 feet.
3. Fill Material. 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.
E. Fills
3. Grade. Fill shall not be placed on existing slope with a grade
steeper than 15% (6.67 horizontal to 1 vertical) unless keyed into steps in the
existing grade and thoroughly stabilized by mechanical compaction.
SB = r, = 10')
5/B
Page 6
Ordinance No. 4113 ° C,
August 18, 1998
H
r
,
1
1
i�CONSTRUCTION LIMITS
S/B = C + 10'
�S/I
C
cf1
a
.____[_..
S/B = 4H/3 H = HEIGHT OF RETAINING WALL
STRUCTURES
r
D. Cuts.
1. Vertical Height. Cuts shall be limited to 10 feet in vertical height,
unless information demonstrating slope stability, erosion control and drainage control
is provided together with a revegetation plan. For non-solid rock cuts, terraces shall
be required for cut and fill slopes greater than 10 feet in height. It is recommended
that terracing be at a maximum ratio of one foot of horizontal terrace for every foot
of vertical surface.
2. Maximum Vertical Cut. In solid rock, as determined by
geotechnical and engineering data approved by the City Engineer, the maximum
vertical cut shall be 30 feet.
3. Fill Material. 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.
E. Fills
3. Grade. Fill shall not be placed on existing slope with a grade
steeper than 15% (6.67 horizontal to I vertical) unless keyed into steps in the
existing grade and thoroughly stabilized by mechanical compaction.
Page 7
Ordinance No. 4113
August 18, 1998
F. Erosion and Sedimentation Control
4. Revegetation. Revegetation shall be required to meet the
following performance standards:
a. 0 to 10% 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.
b. l0% to 15% grade: Revegetation shall be a minimum of
hydroseeding with mulch and fertilizer, staked sod and/or ground cover. Said
planting shall provide complete and uniform coverage in no more than two growing
seasons.
c. 15% to 20% grade: The slope shall be covered with
landscape fabric and planted with ground cover as set forth in b. above.
d. More than 20% grade: Any finish grade over 20% shall
be stabilized with retaining walls, cribbing, terraces, landscape fabric, vegetation, or
riprap. If riprap is used the slope's stability and erodibility must be equivalent to or
better than its predevelopment state.
G. Undisturbed Land Requirements. In the development of residential
subdivisions, allowable grading of slopes shall be in accordance with this table.
AVERAGE GRADE MINIMUM UNDISTURBED AREA
10 TO 15 PERCENT 40 PERCENT
15 TO 20 PERCENT 50 PERCENT
> 20 PERCENT 60 PERCENT
H. Required Retaining Wall and Rock Cut Design.
1 . Design/Inspection. Any retaining wall more than 4 feet in height
shall be designed by a registered professional engineer and shall be field inspected
by the design engineer. The City Engineer may require retaining walls less than 4
feet in height to be designed by a professional engineer.
Page 8
Ordinance No. 4113
August 18, 1998
2. Investigation/Report. All proposed rock cuts and any cut 10 feet
or greater will require a geotechnical investigation and a formal report submitted by
a registered professional engineer qualified to make such investigations.
3. Safety Railings. Safety railings may be required on any retaining
wall 2.5 feet or higher. The decision as to whether to require safety railing shall be
based on potential pedestrian and public access to the retaining wall and applicable
building codes. This requirement for safety rails shall also apply to vertical or near
vertical rock cuts and to steep cut or fill slopes.
§169.07 A. The applicant shall prepare a grading plan as follows:
3. Designation of Grade. Areas with 0 to 10%, 10-15%, 15-20% and >20%
grade shall each be identified in a distinguishing manner.
4. Identify Land to be Disturbed. Land areas to be disturbed shall be
clearly identified.
14. Underground Utilities. Profiles and cross sections of streets; drainage
systems; and underground utilities, if they are necessary to clarify the grading plan
in terms of potential erosion or runoff, or if the grading on site has the potential of
disturbing the utility line.
§169.07 B. Preliminary Grade Plan. The preliminary grading plan shall
include all the above items except 5 ., 7., 11 ., 13., and 14., above. In addition to the
above items, the City may require a cross section through the property showing
existing and proposed grades as part of the preliminary submission.
§169.09 MINOR MODIFICATIONS. Finish grades shall be allowed no
more than a 0.50 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 chapter. When
applicable, major modifications must be brought before the subdivision committee
for their approval.
§169.10 APPROVAL. Approval of a grading plan is contingent on meeting
all the requirements of this ordinance plus any set of varied requirements approved
by the Planning Commission.
Page 9
Ordinance No. 4113
August 18, 1998
§169.12 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 Building
Inspection Superintendent shall consider weather conditions and temporary
stabilization measures.
$ection2. That Chapter 151 : Definitions, of the Code of Fayetteville, is hereby amended to
delete the definition of Retaining Wall and to add the following:
Retaining Wall. A structure erected between lands of different elevation to protect
structures and/or prevent erosion from the upper slope.
Retaining Wall Height. The height of a retaining wall, for setback purposes, shall
be defined as the vertical distance from the top of the wall to the ground surface of
the low side.
PASSED AND APPROVED this 196 day of August s 1998.
APPROVED:
, .
's 4 Fred Hanna Mayor
ATTES-,T: , , , ..
By:
Heather Woodruff, City Cle
ORDINANCE NO. 4M greater or where any portion of
AN ORDINANCE AMENDING the planned grading activities is
TITLE XV: UNIFIED DEVEL. contained within the 100 year
OPMENT ORDINANCE, OF floodplain.
THE CODE OF FAYETTE- S. Building Additions. Building
VILLE, TO PROVIDE AMEND. additions of less than 1 ,000 STATE OF ARKANSAS ,
MENTS TO AND CLARIFICA. square feet where associated Jy
TION OF VARIOUS PROVI- land alteration activities are not SS-
SIONS CONCERNING THE band alt the scope of what is
PHYSICAL ALTERATION OF necessary a constrscope o said ad- County of Washington
LAND.
dition.
BE IT ORDAINED BY THE 6. Grading Plan Approval. No I, RANDALL COPE, herebycertify that I am the publisher of THE
CITY COUNCIL OF THE CITY grading permit shall be' issued y
FAVETTEVILLE, ARKAN- timid the grading plan, endorsed
SA NORTHWEST ARKANSAS TIMES, a daily newspaper having a second
SAS: by a registered architect, land-
scape architect, or engineer, is class mailing privilege, and being not less than four pages of five
section 1 That . Sections approved by the City Engineer. Columns each, published at a fixed place of business and at fixed (daily)
B.; 16 A.; 159.01 B 4.; 1B. 4. A separate permit shall be re-
thr 169..2;.; , 69.63 69 4. quired for each site; it may cov- intervals continuously in the City of Fayetteville, County of Washington,
through B.9.; 169.04an 169.06 er beth excavations and fills. Arkansas for more than a period of twelve months, circulated and
169.07 A.3,E.3., and F.4; Any application for a grading
169.07 A.3.,A.4., and A. 14; permit required under this distributed from an established place of business to subscribers and
169.078. ; 169.09; 169. 10; chapter shall be combined with
169.12 and 169.14 of the Code readers generally of all classes in the City and County for a definite price
of Fayetteville, are hereby re- a drainage permit application
pealed and the following shall under Chapter 170, Stortnwater for each copy, or a fixed price per annum, which price was fixed at what
be inserted in their stead: Management, Drainage and
Erosion Control, if such drain- is considered the value of the publication, based upon the news value
age permit is required. Coordi- and service value It contains, that at least fifty percent of the Subscribers
§153.07A. Remedial Work. nation with Chapter 167, Tree
Protection and Preservation, is thereto have paid for their subscriptions to the newspaper or its agents
1 . A stop work order may be is. required. Or through recognized news dealers Over a period Of at least six months
Sued if remedial work is not be-
ing undertaken. §169.03 C. Permit Posted. A and that the said newspaper publishes an average of more than forty
copy of the grading permit cov-
2. When the City has performed er page shall be posted at or percent news matter.
remedial work, a stop work or. near the street right of way line
der shall be issued and shall re- and shall be clearly visible from
main in effect until payment has the street.
been received for the work per- Tfurther certifythat the legal notice attached in the matter of
be nee. §169.04 B. Stabilization. All 9
graded and other wise tli
§159.01 B.A. Physical Altera- bed areas shall be stabilized
l/ ) C/(/ tyi(/ YAV/ •(7/
tion of Land. Permit Fee, within 15 days. Stabilization �w N
methods such as baled straw, /
Less than 12 Acrafilter fabric, ditch checks, diver-
12 to 1 Acre $$pp sion ditches, brush barriers, Was published In the regular daily issue Of Said newspaper for
Over 1 Acre $200 sediment basins, matting,
Appeals $100 mulches, grasses and ground consecutive insertions as fol
cover shall be used.
§169.01 B. The purpose of this 1 The first insertion on the da of 19
chapter is control grading, § 69.06 LAND ALTERATION y
clearing; tiling, and cutting (or REQUIREMENTS.
similar activities) which alone or A, Grading Plan Evaluation. the second Insertion On the day Of 19flood _
in combination cause for water Grading plans shall be evaluav
quality,
e degradation or water ad by the City Engineer for con-
qualiry, erosion and sedimenta- fornance with the minimal ero-
tion in storm sewer systems Sion control requirements of the third insertion on the day Of 19 _
-
and water storage basins. It is §169.04 and the following re.
also the intent of this chapter quiremems.
that, through the implements. and the fourth insertion on the day of 19 _
tion of the guidelines and regu- ' B. Requirements Varied. re-
lations contained herein, the quirements may be varied by
existing scenic character and the City Engineer with the ap-
quality of the neighborhood and provai of the Planning Commis.
City as a whole not be diminish- Sion. The extent to which vasa- l
tions may it made will tinter, blishe General Manager
epend
§769.028. Site Conditions. De- planned
the soil types encounter,
velopment shall generally con- planned slopes, planned e g i.
form to the natural contours of teflon, and investigative engi-
the land, natural drainage nearing reports. In no case
9
ways, and other existing site shall the CityEngineer waive or Swum to and subscrib7b9fore this day of
conditions. modify any of the minimum eco-
sion control requirements as Se ) _�� /} Q!
given in 169.04. YYI"O– 19 (�i7lAL—
§169.03 B. Exception. Excep-
tions to this rule are as follows: C. Cut or Fill Slopes.
4. Single Family/Duplex. Con. 1 , Finish Grade. Cut or fill
ion e1 one single family slopes shall have a finish grade
residstrucence
residence or duplex except rq steeper than 33% (3.00 hod- !««/..< «
where the average slope zontal to 1 vertical), unless ap- �i Catherineball
across the lot is 15 percent or proved D the r Notary Public
y City Engineer.
My Commission Expire s?t NotaryPublic, StareofArkansas ,
>i My Commission FXpires 0212 )105 '(
acccccccccucccccccccccccccccccc 1(
Fees for Printing . .. .............. ... .... ..... ............ ... ...$
Costof Proof... .... .. ... .. ...... . .. ............ ..... ... ..... .....$ 1
Total.... .............. .. ... ......... .. ... .... .. ... ... .. ... .... ... .....$ J
2. Maximum Length. The maxi- ,
mum length of any cut or fill
slope without a terrace (as de- h. Additional Information Re-
scribed in D. below) shall be quired. The City Engineer may
one hundred ( 100) feet as require further geotechnical
measured along the ground. and/or structural information to
The terrace shall be at least 6 show that setbacks greater .
feet wide. than those given are not need- STATE OF ARKANSAS
3. Topography. Cut or ed to protect property, utilities,
Existing or the integrity or property lines. SS.
fill slopes shall be const clad
to eliminate sharp angles of in- D. Cuts. County of Washington
tersection with the existing ter- ,
rain and shall be rounded and 1, Vertical Height. Cuts shall be
contoured to blend with the ex- limited to 10 feet in vertical
isting topography. height, unless information dem- I, RANDALL COPE, hereby certify that I am the publisher of THE
onstrating slope stability, ere- NORTHWEST ARKANSAS TIMES, a daily newspaper having a second
'fo Setback Requirements. The sion control and drainage con-
following setback requirements trol is provided together with a class mailing privilege, and being not less than four pages of five
shall be reviewed by the City revegetalion plant. For non-sol-
Engineer for purposes of as- id rock cuts, terraces shall be columns each, published at a fixed place of business and at fixed (daily)
sessing safety, stability, and required for cut and fill slopes intervals continuously in the City of Fayetteville, County of Washington,
drainage problems: (See illus- greater than 10 feel in height. It
traaons) is recommended that terracing Arkansas for more than a period of twelve months, circulated and
be ata maximum ratio of one
a. Setback from Top or Toe of toot of horizontal terrace for ev-
distributed from an established place of business to subscribers and
Cut or Fill. Buildings shall be ' ery foot of vertical surface. readers generally of all classes In the City and County for a definite price
set back from the lop or toe of a
cut or fill in accordance with 2. Maximum Vertical Cut. In for each copy, or a fixed price per annum, which price was fixed at what
Zoning, Chapters 160-165, solid rock, as determined by
Building Regulations, Chapter geotechnical and engineering is considered the value of the publication, based upon the news value
173, or the approved grading data approved by the City Engi- and service value It Contains, that at least fifty percent of the Subscribers
plan, whichever is greatest. neer, the maximum vertical cut thereto have aid for their subscriptions to the newspaper or Its agents
shall be mfeetaxi. p P WSpapB
b. Setbacks from Property or through recognized news dealers over a period of at least six months
lines. The required setback of 3. Fill Material. In no case shall
retaining walls, cut slopes, and a cut be allowed primarily for and that the said newspaper publishes an average of more than forty
fill slopes from property line the purpose of obtaining fill ma- percent news matter.
shall as given in the illustra- terial to a different site, unless
tions. Property lines may be fir the exporting site is located
led over or cul it a grading plari within an extraction district.
for the cut or fill Is submitted
jointly by the owner of both E. Fills I further certif that the legal notice attached in the matter of
properties and if no utility ease-
ments are involved. If utility 3. Grade, Fill shall not be
easements are involved, appro- placed on existing slope with a
val is required as given in "c." grade steeper than 15% (6.67
below in addition to the joint horizontal to 1 vertical) unless /
submittal requirement. keyed into steps in the existing
grade and thoroughly stabilized was published in the regular daily issue of said newspaper for
c. Setbacks From the Edge of by mechanical compaction. Consecutive insertions astoll wi
an Easement. The required set- m
back of retaining wall, cut D. Cuts.
slopes, and fill slopes from the The first insertion on the day of 19
edge of easements shall be as 1 . Vertical Height. Cuts shall be
given in the illustrations. Where limited to 10 feet in vertical
no utilities are present in an as. height, unless information dem- the second Insertion on the
sessment, or where utilities are onstrating slope stability, ero- day 0} 19 —
planned to be relocated, and sion control and drainage con-
where such action is approved trol is provided together with a
by all utilities, then easements revegelation plan. For non-solid the third insertion on the day of 19 —
may fall within a cut or fill sec- rock cuts, terraces shall be re-
tion. quired to cut and fill slopes
greater than 10 feet in height. It and the fourth insertion on the day of 19
tl. Setbacks from Structures: is recommended that terracing
The required setback of retain- be at a maximum ration of one
ing walls, cut slopes, and fill foot of horizontal terrace for ev-
slopes from structures shall be ery foot of vertical surface.
as given in the illustrations. If a I A 4 le_�
structure forms an integral part . 2. Maximum Vertical Cut. In
of the retaining wall, then the solid rock, as determined by Publi r / General Manager
setbacks do not apply to that geotechnical and engineering
set b
setbacks
e. data approved by the City Engi-
neer, the maximum vertical cut
e. Public Rights-oi-Way. Cuts shall be 30 feel. Swum to and subscribed before me on this day of
adjacent to public rights-of-way 3. Fill Material. In no case shall
shall be sat back a minimum of t cut be allowedobtaining
primarily for
25 feet, excluding driveways or the purpose offobtaining till ma- �1LlAA , 'IC J�—L,NJ� 19 L�
access mads terial to a different site, unless It
I. Calculating Setbacks. For the the exporting site is located
Purpose of calculating set- within an extraction district. i
backs, any cur or fill Section (
which is on a slope of 1 to 1 or 3. Fills (!!!t!!!!
greater shall be considered a )1 Catherine Sallr
retaining wall. �< r , Notary Public
3. Grade. Fill shall not be otaryPublic, StateofArkansac ,
g. Administrative Variance. Set- placed on existing slope with a My Commission Expire
backs from easement lines and , grade steeper that 15% (6.67 ) iTib[tn-C�f'7l
structures may be varied ad- horizontal to t vertical) unless My Commission Expires 0?l27/OS t
ministratively by the City Engi-
neer it geotechnical and/or CC(f{(Ct<c(C(C((((((((((((C[(C<(<
structural information is provid - - - - - Fees for Printing $ 4
ed that, in the opinion of the -
City Engineer, justifies the var-
iance. _ Cost of Proof.... .. ..... . ... .. ... .... ... .. .... . ... ... . ... .. ... .. . .$ �j
Total. .. ... . ........... ... .. ... ...... ... ......... ..... ..... ... ... . .... .$ �/ -
grade and thoroughly stabilized
by mechanical compaction.
F. Erosion and Sedimentation
Control
4. Revegetation. Revegetation
shall be required to meet the
following performance stand-
ards:
a. 0 to 10% grade: Revegeta-
tion shall be a minimum of
seeding and mulching. Said
seeding shall provided com-
plete and uniform coverage that
maximizes erosion and run-off
in no more than two growing
seasons.
b. 10% to 15% grade: Revege-
tation shall be a minimum of hy-
droseeding with mulch and fer-
tilizer, staked sod and/or
ground cover. Said planting
shall provide complete and unk
form coverage in no more than
two growing seasons.
c. 15% to 20% grade: The
slope shall be covered with
landscape fabric and planted
with ground cover as set forth
in b. above.
d. More than'20% grade: Any
finish grade over 20% shall be
stabilized with retaining walls,
cribbing , terraces, landscape
fabric, vegetation, or riprap. If
riprap is used the slope's stabil-
ity and erodibility must be
equivalent to or better than its
predevelopment state.
G. Undisturbed Land Require-
ments. In the development of
residential subdivision, allowa-
ble grading of slopes shall be in
accordance with this table.
AVERAGE GRADE
10 TO 15 PERCENT
15 TO 20 PERCENT
>20 PERCENT•
MINIMUM UNDISTURBED'
AREA
40PERCENT
SO PERCENT
60PERCENT
H. Required Retaining Wall and
Rock Cut Design.
1. Design Inspection. Any re-
taining wall more than 4 feet in
height shall be designed by a
register professional engineer;
and shall be field inspected tiy-1
the design engineer. The City
Engineer may require retaining
walls less than 4 feet in height
to be designed by a professio-
nal engineer.
2. Investigation Report. All pro-
posed rock cuts and any cut 10
feet or greater will require a go-
otechnical investigation and a
formal report submitted by a
registered progressional engi-
neer qualified to make such in-
vestigations.
3. Safety Railings. Safety rail=
ings may be required on any re-
taining wall 2.5 feet or higher.
.The decision as to whether to
require safety railing, shall be
based on potential pedestrian
and public access to the retain-
ing wall and applicable building
codes. This requirement for
safety rails shall also apply to
vertical or near vertical rock
cuts and to steep cut or fill
slopes.
§169.07 A. The applicant shall
prepare a grading plan as.fol-
lows:
3. Destination of Grade. Areas
with 0 to 10%, 10-15%, 15.20%
and >20% grade shall each be
identified in a distinguishing
manner.
4. Identify land to be Disturbed.
Land areas to be disturbed•
shall be clearly identified.'
14. Underground Utilities. Pro-
files and cross sections of
streets; drainage systems; and
underground utilities ii they are I
necessary to clarify the grading
plan in terms of potential ero-
sion or runoff, or if the grading
on site has the potential of dis-
turbing the utility line.
§ 169.07B. Preliminary Grade
Plan. The preliminary grading
plan shall include all the above
items except 5., 7., 11., 13.,
and 14., above. In addition to
the above items, the City may
require a cross section through
the property showing existing
and proposed grades as part of
, the preliminary submission.
§169.09 MINOR MODIFICA-
TIONS. Finish grades shall be
allowed no more than a 0.50
foot tolerance from the grading
plan. However, the City Engi-
neer 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 chapter.
When applicable, major modifi-
cations must be brought before
the subdivision committee for
their approval.
§169.10 APPROVAL. Approval
of a grading plan is contingent
on meeting. all the requirements
of thisordinance plus any set of
varied-repplternants approved
by the Pt flfiiiddg Commission.'
4169.12 9EnTIFICATE OF
shall be in place before the cer-
tificate of occupancy shall be is-:
sued. When"a property owner
has finished building construc-
lion but has yet to install plant
material, said owner may apply
fora temporary certificate ot oc-
cupancy. In evaluating whether
or not to gmm'a temporary cer-
tificate of occupancy, the Build-
ing Inspection Superintendent
shall consider weather condi-
tions and temporary stabiliza-
tion measures.
Section 2.. That Chapter 151:,
Definitions, of the Code of
Fayetteville,. is hereby amended,
to delete the definition of Re-
taining Wall. and to add the fol-
lowing:
Retaining Wall. A structure
erected between lands of differ-
ent elevation to protect struc-
tures and/or prevent erosion
from the upper slope.
Retaining'Wall Height. The
height of a retaining wall, for
setback purposes, shall be de-
fined as the vertical distance
from the top of the wall to the
ground surface of the low side.
PASSED AND APPROVED this
48th day of August, 1998.
APPROVED
By: Fred Hanna, Mayor
ATTEST:
By: Heather Woodruff, City
Clerk
STATE OF ARKANSAS
SS.
County of Washington
I, RANDALL COPE, hereby certify that I am the publisher of THE
NORTHWEST ARKANSAS 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 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 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 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 ay of 19
the second insertion on the
the third insertion on the
and the fourth insertion on the
day of 19
day of 19
day of 19 _
r
Publi r I General Manager
v
Sworn to and subscribed before me on this day of
Si12knihe�1 19'ly
rrrrrrr ,,r r��rrrr enarr«rrrrrrr .
Notary (tc,• a ' Notary Public
( Washington County r
My Commission Expires. t rp1j Cpm1d
c� n Expires O2l27/n5 r
,1
Fees for Printing ...............................................$
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Total..................................................................$_____