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Drainage and Erosion Control, Permits Required, is hereby repealed and the following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