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HomeMy WebLinkAboutOrdinance 4314 ORDINANCE NO. 4314 AN ORDINANCE REPEALING §170.03 OF THE CODE OF FAYETTEVILLE, STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL AND INSERTING § 170.03 IN ITS STEAD TO CLARIFY THE LAW CONCERNING PERMITS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That §170.03 of the Code of Fayetteville, Stormwater Management, Drainage and Erosion Control, Permits Required, is hereby repealed and the following is inserted in its stead: CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL §170.03 PERMITS REQUIRED. A. Applicability. This chapter shall apply to all land within the corporate limits of the City of Fayetteville. No person may subdivide and develop, change to a more intensive land use, construct or reconstruct a structure, or change the size of a structure, or conduct grading, clearing, or filling activities without first obtaining a stormwater management, drainage and erosion control permit (hereinafter referred to as a "drainage permit") from the City, except as specified in §§170.03C and 170.03D below. B. Permit Application. Any application for a drainage permit shall be submitted according to §170.05 below and shall be submitted concurrently with the application for a grading permit, if such grading permit is required by §169.03. The drainage permit application shall include at the time of submission the calculations required by §170.05 B. 7. The application also shall state whether or not detention is required and shall provide the basis for that conclusion, utilizing the performance criteria set forth in §170.07 below. The City Engineer shall make the final determination regarding detention. C. Project Not Requiring Detention. Any project that requires a drainage permit that does not require detention may receive, with the approval of the City Engineer, a grading permit prior to issuance of the drainage permit. Any.grading permit issued prior to the issuance of a required drainage permit shall be subject to the following: Ord . 4314 1. Insufficient or Incomplete Drainage Permit Application. If the drainage permit application, including the required calculations, is determined by the City Engineer to be insufficient or incomplete, it shall be revised and resubmitted by the applicant within four (4) weeks of receipt of written notice of insufficiency or incompleteness. 2. Deadline for the Revised Application. A stop work order for all grading on the project shall be issued by the City Engineer if a revised application is not submitted within four (4) weeks of receipt by applicant of the written notice of insufficiency or incompleteness. However, the City Engineer may delay issuance of the stop work order if the City Engineer determines that the Applicant has demonstrated prior to the deadline that circumstances not reasonably foreseeable and beyond the Applicant's reasonable control prevented his timely resubmission of a sufficient and complete revised drainage permit application. 3. Insufficient or Incomplete Revised Application. A stop work order for all grading on the project shall be issued by the City Engineer if the revised application is determined by the City Engineer to be still insufficient or incomplete. 4. Stabilization and Revegetation After Stop Work Order. If a stop work order is issued pursuant to §§170.03 C. 3., the applicant shall stabilize and revegetate all graded and otherwise disturbed areas as set forth in §§169.04 B. and 169.06 F. 4. 5. Termination of Stop Work Order. Any stop work order issued pursuant to §§170.03 C. 2 or 170.03 C. 3. shall expire upon the issuance of a drainage permit and compliance with any conditions contained in the drainage permit. D. Exceptions Where No Drainage Permit Is Required. Drainage permits are not required for the following: 1. Single-Family/Duplex. One single family residence or duplex . 2. Commercial/Industrial. One commercial or industrial project built on an individual lot that is part of a larger subdivision that has been issued an approved drainage control permit when the proposed project is demonstrated to be in compliance with the overall subdivision drainage permit. 3. Existing Commercial/Industrial. Existing commercial or industrial structure where additional structural improvements are less than 2000 square feet. Ord . 4314 4. Maintenance. Maintenance or clearing 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. Agriculture. Bona fide agricultural pursuits for which a soil conservation plan has been approved by the local soil and water conservation district. 6. Emergency. 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 June 20, 1995, shall meet only the requirements in effect when the permit was approved. PASSED AND APPROVED this 15th day of May 2001 . ! FAyE j , APPROVED: BY: DAN COODY, or ATTEST: By: Bather Woodruff, City Cler < 0 NAME OF FILE: Ordinance No. 4314 CROSS REFERENCE: 05/15/01 Ordinance No. 4314 05/24/01 Departmental Correspondence to Jim Beavers, Engineering, from Heather Woodruff, City Clerk 07/11/01 Proof of Publication NOTES : a FA'YETTEVIME THE CITY OF FAYETTEVIEIE. 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 170.03 of the Code of Fayetteville. The original will be microfilmed and filed with the City Clerk. cc: Tim Conklin, Planning Arkansas Democrat Oaxette ELI • - . • ORDINANCE NO. 4314 An Ordinance repeay[q ss170.03 of the Code of Fayeeew1Yle, Starmwater Management. DnNna9e and Emslon AFFIDAVIT OF PUBLICATION control and Inserting es170.03 in its Stead to CMrly the;law Coming 1 i( Jrl /C.✓� permits., .�.r, Be a Dithered the Ciry Council of the I City of Feyeded e, ArYsnsas: do solemnly Fa�yeneviue, Stormwwater MaaCode ge Manage- ment, Drainage and Erosion Control, Periods Required, is hereby repealed swear that I am Legal Clerk of the Arkansas and 170. i6in6edea n Malage g Chapter ,170: and EMS2ler Manage- ment, Drainage end Erosion Cantel; 651 70.03 Pelmas Required. Democrat-Gazette Newspaper, printed and published at Lowell, apryto efi l�ardlh�wift the�corporate limb of the Cay of Faye ale. No person may subdiride ararrdW op, change to Arkansas and that from my own personal knowledge and a more uctIntee'sunal" land use, constructhane size of a s a stmcWre, or change the sae of , wucma, or mrNud gratuq, during, or Ysto mater s without first obtaining a Nommvater management, refe ence to the files of said publication the advertisement of drainage and erosion control permit (hereinafter refened to as a 'dreiraga peninli horn the Ciry, exrapt as speer �L fled e65170.D3Cend . Ant0belrnv. foB.r Permit fie pcetlon. ally application for a drainage Dennis stall be whmiaed according m x5170.05 below and shall he subn0 cercunendy with the ap- Was inserted in the regular editions on pllortlon for a grading permit, it such 1 f�dirrgg permit is required by 55169.03. The tlrWreg permit application shell . include at the time of submission the calculations required by 66170.95 B.7. h Thwhelherporr nottndetentionalso sis hallstateI and shall provide the basis for that con- j elusion, utilizing theat penolowrca Citic Publication Charge us set ronnloamaketbelow. TheCiry , g Engineer anti make the final detamlr . nation regarding d Require I C. Project Not Requires Detention. ' I Any project that requires a tlrelnage Purchase Order # I Penal that d� not rewire detention I may. receive, with approval of the Cly Engineer, a grading panne prior to iss . ence of the drainage permit. Any grad- ing perm" issued poor to the issuance of a required drayage pend shelf be suhect to the following: Subscribed and sworn to b fore me this 1. �nsuffcient or Incomplete Drainagel Penh Application. If the drainage per. my application, including the required) day Of 2001 . E�ngme�h m oed%sNrwent a the City J pla a, l shall be revised and resubmit- ted by the applicant within bur 54) weeks of receipt of written notice of o- Notary Public sufrdencyor nmmpeteness. 2. Deadlme for the Revised A tica- tion. A stop work order for a0 gra ing on try My commission expires I Engineer shall 5asued revised icabyti�e C suhmMis not ad within (41 tour weeks of As- the athe written notice of 'mnsuffclent or incompleteness. How. ever, the Cly Engineer may delay issu. arca of Ura N work ortler d the C' e OFFICIAL SEAL Engineer determines tat the qM CAROL,Y,yN, C�OpA�IKrLEY has de ad prior n the deadine Y84„� s that circumstances not reasoAEgnably lylg A enure, Fayetteville, Arkansas 72701 , 501 571-6467 foreseeable and beyond me App prevented y 1 his fi reaSonaMB Control prevented his tico to revised of a e Perout E I V E D fificient and co late revised drainage pamN applicatign. 3. Insufficient A or Incomplete Revised Application. A stop work order car elf 'JUL 2001 99adirg an the Prged shall be issued 19 by the Ciry Engineer N the revised eeppppG Of is determined by the City EngF I neer to-be will insuNiclent or moom. CfTYOFFAYETiw: E CITY CLERICS OFFICE ! Mete.Stabmration and Revegeatbn After Stop Work Order. If aam� work order a issued pursuant to w179.03 C.3., the appliCenteil t SSabliZe and rovegeate 811 graded and otherwise tlanmed m- ew we set forth N 8x169.04 B. and I 169.06 F. 4. 1 5. Temhtradm of Stop Work Order. Any stop work order 'awed pursuant n ss170A3 C.2 or 170.0.7 C.3. Nag ex- pure upon the issuance of a dramar ions contained in the drainages Po m'A. I D. Exceyytbns Where No Drainage Per. rob Is )required. Drainage pemdlfi ere 11. Sugle-damidlyrDuplmirinOns hinge fame residence or duplex. 2. merdaVlndustdal. One com- mercial or mcustdN inject built on an individual lot that is pan of a larger sub division that has been issued 0 tip proved drainage control ppeenob when the proposed poled Is Demonstrated to be in compliance with the overall sub- division drainage permit. 3. Existing CommemiaVbrdusbial. Ex- ist commemal or industrial Nnclure wheree additional structural improve mentsere less then 2000 square feel 4. Maintenance. Maintenance or clear- ing activity that does not charge or af- fectthe quality, rate, volume or location of stormwater flows on the site. or enol" hen the Site. 5. AgriwlWre. Baa fide agricultural pursues for which a sod conservation plan has been approved by the local wh1 and water conservation dahct. 6. Emergency. Action taken under emergency condl on eller n prevent imminent harm or danger n persona w to protect property krtn imminent dam ger of fire, violent storms, or other Inn, ards. C. Saha of Pretty" Approvals. Pro- I with une fired ppee=es approvepdv and all pre`1=4 plea approved 0 the QN Engineer prior to June 2 , 1995, shelf meet only the requirements in effect when the permit was appruveD.. Passed and Approved this 15th day of. May. 2001. Approved: By: Dan Cordy, Mayor Attest By Heather Wcodroff, City Clerk Ju 11, 2001 2479173