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HomeMy WebLinkAboutOrdinance 4313 ORDINANCE NO, 4313 AN ORDINANCE REPEALING §169.03 OF THE CODE OF FAYETTEVILLE PHYSICAL ALTERATION OF LAND AND INSERTING §169.03 IN ITS STEAD TO CLARIFY THE LAW CONCERNING GRADING AND STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL PERMITS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That §169.03 of the Code of Fayetteville, Physical Alteration of Land; Permits Required/Exceptions is hereby repealed and the following is inserted in its stead: CHAPTER 169: PHYSICAL ALTERATION OF LAND §169.03 PERMITS REQUIRED/EXCEPTIONS A. Permit Required. No grading, filling, excavation or land alteration of any kind shall take place without first obtaining (1) a grading permit pursuant to this Chapter except as specified in §169.03 B; (2) a stormwater management, drainage and erosion control permit (hereinafter referred to as a "drainage permit') except as specified in §§170.03 C and 170.03D; and (3) an Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by State law. B. Exceptions Where No Grading Permit Is Required. Grading permits are not required for the following: 1. Excavation Below Finish Grade. Excavations below finished grade for basements, footings, swimming pools, hot tubs, septic systems, retaining walls, and like structures authorized by a valid building permit. 2. Cemetery Graves. Cemetery Graves. 3. Refuse Disposal. Refuse Disposal sites controlled by other regulations. 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. Ord . 4313 5. Building Additions. Building additions of less than 2,000 square feet where associated land alteration activities are not beyond the scope of what is necessary to construct said addition. C. Grading Permit Application and 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 required grading permit under this Chapter shall be submitted concurrently with the application and calculations for a drainage permit-if such drainage permit is required by §170.03. Coordination with Chapter 167, Tree Protection and Preservation, is required. D. 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. y ; ,'%FLASSED AND APPROVED this 15th day of May 2001 . !U" APPROVED: BY: DAN COODY, or ATTEST: By: Bather Woodruff, City Cle 1 0 0 NAME OF FILE: Ordinance No. 4313 CROSS REFERENCE: 05/15/01 Ordinance No. 4313 05/24/01 Departmental Correspondence to Jim Beavers, Engineering, from Heather Woodruff, City Clerk 07/11 /01 Proof of Publication NOTES: FAYETTEVILE Ci THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Jim Beavers, Engineering From: Heather Woodruff, City Clerk Date: May 24, 2001 Attached is a copy of the ordinance amending Section 169.03 of the Code of Fayetteville. The original will be microfilmed and filed with the City Clerk. cc: Tim Conklin, Planning Km Arkansas Dee _ (5azette P ORDINANCE NO. 4313 AnOrdinance repealing x5169.03 0l the Code of F fie Physical after. AFFIDAVIT OF PUBLICATION anon of tend seting 69 03 in is stead to sMe law wncemint, ggmdrp and ter management, dreimge end' ndrdrel permits. I' (•C%—Y" -� ,v /r Beit ordeined� a Oily Coundl of the City of Fayat e, Arkansas: Section 1. That ss1fi9.03`pghe Cade m do solemnly Fayettevllle, Physical Ahuatiom of lend; PemiAs• Regd a xcepiam is hereby repeSA and the tollo,wi is in- sa In Its ctead: swear that I am Legal Clerk of the Arkansas Chapter I69FPhysi a Nteration of Land Section 169.03 pearth; Flequiri Democrat-Gazette Newspaper, printed and published at Lowell, Acep1iPerrmmX Regdtred. No'pang, ruing, excevatlon a end atereton of any kind ahalf take wrl fust obtaining 9reeopcepemdt pursuant to this Arkansas and that from my own personal knowledge and CfiaPe race as speal in section 169.03 B; (2 a stamwater alig� mem, drainage and e7mfon certml p.entatg(hereimXeetained to as a except specified refer cc tt/111110 the fillesll of said publication the advertisement of fosslyg. 170.03 ); add (3) an Permit s pepenmant dsEnuimnmen Lal OuaGN Stammra 0 'Constncdon Perrot and ircoryoreted?- Sfommvater Pollution Prevention Plan, 0 required by State law. re"�t:' .. s' B. Exception Where NoGrading Per- inserted in the regular editions on rut is Required. Gmdig Ponts are not required for the fol g: 1. Excavation Below Finish Grado. Ex. I cevadon,telim finished grade for basements tootings, 'siAmming pools, hot tubs, septic systems, retaining walls, and tike structures autlwnzed by a valid bulling permit. g 3. Cemetery Graves. Cemetery Grim. Publication Ch3. Reuse Di Refuse Disposal Charge r sites mntralfed otherrnations. 4. Single FamiylDuplex. Construction of one single family residence or duplex Purchase Order # the�ish1percent rcsr greateer ora herree any. porton of the planned trading ar fid. as is oadzmnd withen the 100 year S Building Addtian. Building addF Subscribed and swom to be ore me this wf�here�atethan and enar�toeaa�a- ties are not beyond the snipe of what m necessary to consmrct said addition. C. Grading Permit Apptk:Y n end Apo day of 2001 . lam. Nothe ig pond shelf be ro- wed until grading pan, erdaxed a reguiteed arcNlect, at. of Public or Asevarat dell be required for each site: it may cover both excevations and fills. Any appica- bon My commission expires this CChapter shell grading pond ac,r- rently with the application and caRula- dom for a drainage permt is such dreir�- age permit is reeqquired by W70,03. Co- ordination wthGhape 167, Tree Pm a . Lection and Preservation, is required. •. • D. Permit Posted. A y W the grading OFFICIAL SEAL permit cover page shed be posed at or . CAROLYN COA L�E� Yp neartestreetn tmwaymeandshad •• B(tJtDtfl�Pl ll��llf ar gagv ue, Fayetteville, Arkansas 72701 , (501)571-6467 P �A�ed o,; day of Washington County May, Miff. Apar ed: 1 By: Dan Coody, Mayor RECEW� D BT. Hate , Cty Clerk 'JUL 19 2001 CITY OF FAYMEVILLE CITY CLERICS OFFICE �d X13 Principals, Associates Danny L. Brown, P.E. Everett L. Balk, P.E. Bob Grafton, P.E. James B. , P.E. Thomas R.L.S.E. Hopper, P.E. Al Harris, R.L.S. Cline L. Mansur, P.E., R.L.S. Kurtis J. Jones, P.E. R.E. (Gene) Reece, P.E. James W. Kooistra, A.I.A. David Swearingen, A.I.A. Jerry J. Kelso, P.E. James L. Tull, C.D.A. Tom Mansur, P.E. Principal Emeritus Robert C. Reece, P.E. Rick G. Rose, P.L.S. Lemuel H. Tull, P.E. - George G. Strella, P.E., D.E.E. Crafton, Tull & Associates, Inc. James P. Swearingen, A.I.A. Architects, Engineers & Surveyors Richard Wright, R.L.S. Harry G. Gray, P.E. (1941 -1997) May 30, 2000 Mayor Fred Hanna Mr. Robert Reynolds, Alderman Mr. Ron Austin, Alderman Mr. Cyrus Young, Alderman Mr. Kyle Russell, Alderman Mr. Trent Trumbo, Alderman Mr. Bob Davis, Alderman Mr. Kevin Santos, Alderman Ms. Heather Daniel, Alderman City of Fayetteville Administration Building 113 W. Mountain Fayetteville, AR 72701 Reference: Proposed Ordinance for Issuance of only "Final" instead of "Partial" Grading Permits Fayetteville, AR Ladies and Gentlemen: For 36 years our firm has been heavily involved in assisting local govemments and developers to direct growth throughout the region in an orderly, positive manner. We have done this to help assure everyone enjoys the quality of life and the many benefits this region has to offer. However, over the years, the cost and amount of time required for obtaining construction permits for new projects has greatly increased. Crafton, Tull & Associates, Inc., through our offices in Rogers and Fayetteville, has been involved in the development of many projects in Fayetteville since 1964, including subdivisions, apartment complexes, hospitals, malls, streets, strip commercial centers, golf courses and offices. Over the years, City regulations have increased along with engineering time, development costs and project design requirements. The time to obtain all required City approvals through technical review meetings, planning commission meetings and the City council meetings, not to mention City staff reviews, health department approvals and right of way acquisition, have greatly extended the time for project approval. P.O. Box 549 / 2800 North 2nd Street / Rogers, Arkansas 72757-0549 / (501 ) 636-4838 / F 501 ) 631 -6224 E-Mail: cta@craftull.com W ftp://www.craftull.com Page 2 of 2 May 30, 2000 City of Fayetteville We see the current process of granting partial grading permits as working to improve the process. They take some of the pressure off City review staff by allowing additional time for a more thorough review. In contrast, waiting for City review and approval of the final grading plan before starting construction could add months to project timelines, greatly increasing costs to everyone involved with little, if any, benefit. In summary, we at Crafton, Tull & Associates, Inc. request that the City continue to grant partial grading permits and the proposed ordinance not be adopted. We appreciate the opportunity to express our concerns in this matter. Respectfully, " f L� Tom Hopper, P.E., /Danrown, P.E. Board Member Board Member CRAFTON, TULL &&ASSOCIATES, INC. CRAFTON, TULL & ASSOCIATES, INC. Jim Tull, CDA / Gene Reece, P.E. Board Member Board Member CRAFTON, TULL & ASSOCIATES, INC. CRAFTON, TULL & ASSOCIATES, INC. Matt Crafton, P.E. David Swearingen, A.LA Board Member Board Member CRAFTON, TULL & ASSOCIATES, INC. CRAFTON, TULL & ASS CIATES, INC. TH/sc gRKANSAS WESTERN GAS COMPAP Right of Way - Special Considerations Job Number: _P- 90039-1 Track-No-, 3 X Job Title: HWY 265 Property Owner: CITY OF FAYETTEVILLE Section: 11 , Township 16 N Range 30 W County: WASHINGTON NO TREES REMOVED WITHOUT APPROVAL FROM LANDSCAPE ADMINISTRATION OF THE CITY OF FAYETTEVILLE , AR . If is agreed that neither party hereto is relying upon any oral or written information or representations made by the other prior to the signing of the easement unless expressly provided herein, and that the easement constitutes the entire agreement between the parties and same shall not be hereafter amended or modified unless reduce to writing and signed by the parties hereto. R/W Agent: f2 Date: Property Owner(s): Date: (To be completed by Inspector or Construction Supervisor.) Remarks: Date: By: 0 FIELD SERVICES COMPANY 1610 N. Foxhunter Fayetteville, AR 72701 (501 ) 442-8387 June 9, 2000 City of Fayetteville P O Drawer F Fayetteville, Ar. RE: City of Fayetteville property (Track 3-X) located on Hwy 265 Request for temporary construction easement for Ark. Western Gas To Whom It May Concern; Per your request for special considerations on the above property, please find enclosed a form that list the special considerations that are to be taken by our contractor during the period of construction. No trees shall be removed without the approval of the Landscape Administration from the City of Fayetteville. The footage agreed upon for the T.C.E. is 5000 for a total square footage of 350 square feet. AWGC agrees to pay . 10 per square foot. Upon receiving a signed right of way grant, a draft for $350.00 shall be authorized. Thank you; Nancy Roller June 1, 2000 Heather Woodruff City Clerk City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Heather: As you know, a special meeting of the City Council had been scheduled for 4:30 p.m. yesterday, May 31 , 2000, but was canceled because the chancery court granted a temporary injunction in the lawsuit regarding the Tree Protection and Preservation Ordinance. However, because the chancery court required the posting of a $310,000 bond by noon tomorrow in order to make the injunction permanent, Clay Fulcher, the attorney for the plaintiffs in this lawsuit, has indicated that he would still like the City Council to hear his request for a stay in the development proceedings before noon tomorrow. Along those same lines, some of our constituents have asked us to call a special meeting of the City Council before noon tomorrow so that the council can consider Mr. Fulcher's request. Therefore, we are calling a special meeting of the Fayetteville City Council for 9 a.m, tomorrow, June 2, 2000 in room 219 if it is available. If room 219 is not available at that time, please schedule the meeting in a different room at the same time. Please notify the mayor, the other five members of the council, the press (including the Government Channel for coverage) and the city attorney, pursuant to our rules of procedure and the Arkansas Freedom of Information Act. Thank you for your consideration and assistance. Kyle Russell Kevin Santos Cyrus Young IN THE CHANCERY COURT OF WASHINGTON COUNTY, ARKANSAS MARY ALICE SERAFINI, o CYNTHIA SAGERS, LAURIN WHEELER, i o AND LEAGUE OF WOMEN VOTERS PLAINTIFF:Ff OF WASHINGTON COUNTY, INC. APPELLAk4S`Si ~ � m A-CD 70 3Cn ni No. 2000-997 Cn C: � o cn o V. D' co CITY OF FAYETTEVILLE, ARKANSAS and CITY OF FAYETTEVILLE DEFENDANTS/ PLANNING COMMISSION APPELLEES ARGUS PROPERTIES, LLC and FAYETTEVILLE EXCHANGE, LLC PLAINTIFFS IN INTERVENTION ORDER Now on this 31" day of May, there comes for consideration the plaintiffs/appellants' motion for injunctive relief to prevent the plaintiffs in intervention from removing any trees on the property known as Large Scale Development (LSD) 00-5 .00, pending the trial court decision upon the appeal to Washington County Circuit Court in Case No. CIV 2000-536. The Court, being well and sufficiently advised, after hearing oral arguments by the parties, and for the reasons more fully stated from the bench which are incorporated herein by reference, finds: 1 . That pursuant to Rule 65 of the Arkansas Rules of Civil Procedure, the plaintiffs/appellants will suffer irreparable harm or damage if a preliminary injunction is not granted prohibiting plaintiffs in intervention from removing trees on LSD 00-5 .00; and 2. That if a preliminary injunction is granted, the plaintiffs/appellants shall be required to post security in the amount of $310,000.00, being $2,000. 00 per day from this date through November 5Oro. c c. (" /CFO. u . IN THE CHANCERY COURT OF WASHINGTON COUNTY, ARKANSAS .am MARY ALICE SERAF NI, o ni CYNTHIA SAGERS, n- L r= LAURIN WHEELER, " r � _ rn AND LEAGUE OF WOMEN VOTERS PLAINTIFFEW OF WASHINGTON COUNTY, INC. APPELLAN%SSi CD m 3 m No. 2000-997 Cn U) o LO o V. � o 00 CITY OF FAYETTEVILLE, ARKANSAS and CITY OF FAYETTEVILLE DEFENDANTS/ PLANNING COMMISSION APPELLEES ARGUS PROPERTIES, LLC and FAYETTEVILLE EXCHANGE, LLC PLAINTIFFS IN INTERVENTION ORDER Now on this 3 V day of May, there comes for consideration the plaintiffs/appellants' motion for injunctive relief to prevent the plaintiffs in intervention from removing any trees on the property known as Large Scale Development (LSD) 00-5 .00, pending the trial court decision upon the appeal to Washington County Circuit Court in Case No. CIV 2000-536. The Court, being well and sufficiently advised, after hearing oral arguments by the parties, and for the reasons more fully stated from the bench which are incorporated herein by reference, finds: 1 . That pursuant to Rule 65 of the Arkansas Rules of Civil Procedure, the plaintiffs/appellants will suffer irreparable harm or damage if a preliminary injunction is not granted prohibiting plaintiffs in intervention from removing trees on LSD 00-5 .00; and 2. That if a preliminary injunction is granted, the plaintiffs/appellants shall be required to post security in the amount of $310,000.00, being $2,000.00 per day from this date through November r.