HomeMy WebLinkAboutOrdinance 4920 I,
'ORDINANCE NO. 4920
AN ORDINANCE AMENDING CHAPTER 170:
STORMWATER MANAGEMENT, DRAINAGE, AND
EROSION CONTROL, UNIFIED DEVELOPMENT CODE,
TO PROHIBIT ILLICIT F STORMWATER DISCHARGES,
AND ENACT EROSION CONTROL REQUIREMENTS FOR
SINGLE-FAMILY AND DUPLEX CONSTRUCTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That Chapter 170: Stormwater Management, Drainage, and Erosion
Control, Unified Development Code, is hereby repealed, and Exhibit "A," attached
hereto and made a part hereof, is inserted in its stead.
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PASSED and APPROVED this 5� day of September, 2006. bly nor
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: FAYETTEVILLE ;
APPROVED: ATTEST: cam`• :�
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By: By: LYS /Yw �
DAN GOODY, Mayor SONDRA SMITH, City Clerk
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EXHIBIT A
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 170 : STORMWATER MANAGEMENT, DRAINAGE AND
EROSION CONTROL
170.01 INTENT............................................................................................................................... 3
170.02 ADOPTION OF DRAINAGE CRITERIA MANUAL............................................................ 3
170.03 PERMITS REQUIRED........................................................................................................ 3
170.04 PERMIT CONDITIONS....................................................................................................... 5
170.05 PERMIT APPLICATION.................................................................................................... 5
170.06 SUBMISSION, REVIEW, AND APPROVAL OF PLANS.................................................. 6
170.07 PERFORMANCE CRITERIA. ............................:............................................................. 7
170.08 MAINTENANCE RESPONSIBILITY ................................................................................. 7
170.09 PROCESSING.................................................................................................................... 8
170.10 STORMWATER POLLUTION PREVENTION.......m...................................................0......00 9
170.11 . STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES....................... 10
170.12-170.99 RESERVED ............:...............................................................................polo...... 12
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CD170:2
.TITLE XV UNIFIED DEVELOPMENT CODE ,
CHAPTER 170 : STORMWATER MANAGEMENT, DRAINAGE AND EROSION
CONTROL
170.01 Intent
(A) Intent. It is the intent of this chapter 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 requirements of this
chapter.
(4) Promoting the development of stormwater facilities that are aesthetically desirable.
(B) Findings of fact. The City Council finds that uncontrolled stormwater runoff from developed land
adversely affects the public health, safety, and welfare because:
(1 ) Impervious surfaces / runoff. Impervious surfaces increase the quantity and velocity of surface
runoff, which reduces percolation of water through soil and increases erosion and flooding.
(2) Collection and conveyance of stormwater. Improper stormwater collection and conveyance
adversely affects property and increases the incidence and severity of flooding, which can
endanger property and human life.
(3) Erosion. Increased erosion leads to sedimentation in stormwater management systems, which
decreases the system's capacity
(4) Future problems. Many future problems can be avoided if land is developed in accordance with
sound stormwater runoff management practices.
(Code 1991 , §163.03; Ord. No. 3895, 1 , 6.20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98).
170.02 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 Ordinance No. 3895 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 in this chapter.
(Code 1991 , §163.03; Ord. No. 3895, §1 , 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98)
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 §170.03(C) and §170.03 (D) below.
(B) Permit applicafion. 'Any application foir 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 applications shall include at the time of submission the
calculations required by §170.05(6)(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:
(1) Insufficient or incomplete drainage permit application. If the drainage permit application, including
the required calculations, is determined by the City Fayetteville Code of Ordinances Engineer to be
insufficient or incomplete, it shall be revised and resubmitted by the applicant within four (4) weeks
of receipt of 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 §169.06(F)(4) and §169.04(6).
(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) Commercialfindustrial. 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 commerciallndustrial. Existing commercial and industrial structure where additional
structural improvements are less than 2,000 square feet.
(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 harts or danger
to persons, or to protect property from imminent danger of fire, violent storms, or other hazards.
(E) Compliance with chapter provisions. Although a specific permit is not required for these particular
circumstances, this exception does not exempt the owner/developer/builder from complying with the
pollution prevention and erosion and sediment control provisions of this chapter.
(F) 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.
(Code 1991 , §163.04; Ord. No. 3895, §1 , 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4314, 5-15-01 )
170.04 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 stonnwater 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.
(1 ) Unless revoked or otherwise modified, the duration of a construction permit issued pursuant to this
chapter shall be one year.
(2) 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.
(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.
(Code 1991 , §163.05; Ord. 3895, §1 , 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98)
170.05 Permit Application
A storm water management, drainage, and erosion control permit application shall be submitted to the City
Engineer using appropriate forms as provided by the city. 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 chapter. 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 1 , Drainage Report
Checklist. Submittal information and plans shall include, but not be limited to the following:
(A) Applicant identification. Applicant information, including the name, address, and telephone number of
the owner and developer, and proof of ownership of 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
water bodies. r f
(8) Plan. Stormwater management, drainage and erosion control plan, shall include, but not be limited to
the following:
(1) Aerial photograph. Aerial photograph, if available, of the project vicinity, covering the project area
and the total lands that contribute runoff.
(2) Topographic map. Topographic map of the project area showing the location and elevation of
benchmarks, including at least one benchmark for each control structure.
(3) Land use map. Land use map showing both current and proposed conditions for the drainage area
that contributes runoff.
(4) Soils and vegetation map. 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.
(5) Grading, drainage, paving, building drawings. Proposed grading, drainage, paving, and building
drawing(s) showing details of proposed grading, drainage, paving, and buildings.
(6) Erosion and sediment drawings. 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.
(7) Technical report. 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 chapter.
(8) Maintenance report. Maintenance report (tet 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. .
(Code 1991 , §163.06; Ord. No. 3895, §i , 6-20-95; Ord. No.4100, §2 (Ex. A), 6-16-98)
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170.06 Submission, Review, and Approval of Plans . s
(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 and review. A pre-preliminary stormwater management, drainage, and
erosion control plan review with the engineering staff is suggested before platting, replats, lot splits,
building 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
representative 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
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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) Off-site improvements. If it is determined that offsite drainage improvements are required, and that such
specific off-site drainage improvements are consistent with the city's current and established priorities,
then cost sharing will be in accordance with "Required Off-site Improvements." If the city is unable, or
unwilling, to contribute its share of the off-site costs, the developer shall have the option of:
(1) Developers expense. Building the off-site improvements at his/her own expense;
(2) Detention. Providing detention so as to match downstream capacities; or
(3) Delay project. Delaying the project until the city is able, or willing, to share in the off-site costs.
(Code 1991 , §163.07; Ord. No. 3895, §1 , 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98)
170.07 Performance Criteria r
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(A) Storm water management drainage, and erosion control plan. 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 chapter as well as to ensure that the quality
and quantity of runoff after development is not substantially altered from predevelopment conditions.
(B) Performance criteria. Except as otherwise provided in this chapter, a development must be designed,
constructed, operated, and maintained to comply with the following performance criteria:
(1) Flood Damage Prevention Code. Provisions for floodplain management criteria shall be consistent
with those contained in Chapter 166, the Flood Damage Prevention Code.
(2) Peak discharge. The post-development peak rate of surface discharge must not exceed the
existing discharge for the 100 year, 24 hour stone, 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.
(3) 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.
(4) 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.
(5) 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 chapter and as
may be amended from time to time, shall be used for guidance to determine compliance with the
performance criteria established by this chapter.
(Code 1991 , §163.08; Ord. No. 3895, §1 , 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98)
170.08 Maintenance Responsibility
(A) Dedication. Those stormwater management systems approved in compliance with this chapter that will
function as an integral part of the system maintained by the city shall be dedicated to the city. All areas
and/or structures to be dedicated to the city 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 shall be
maintained by the city. All systems not dedicated to the city shall have adequate easements to permit
the city to inspect and, if necessary to take corrective action should the responsible entity fail to properly
maintain the system. Maintenance of all other stormwater management systems approved in
compliance with this chapter shall be accomplished by the legal entity responsible for maintenance,
which may include an approved entity as identified in the following: r
(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 entity. An officially • franchised, licensed, 9 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; or,
(6) Property owner association. Property owner associations 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 assurances of financial capability to operate and
maintain services.
(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 entityFor approved
entities maintaining stormwater management systems not dedicated to the city, periodic inspections by
the city 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.
(Code 1991 , §163.09; Ord. No. 3895, §1 , 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98)
Cross reference(s)--Enforcement, Ch., 153; Appeals, Ch. 155, Variances, Ch. 156; Bonds and Guarantees, Ch. 156;
Fees, Ch. 159.
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170.09 Processing
Procedure 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 for review, processing, and approval. Applicants may schedule a pre-application
conference with the city to discuss a proposed project before submitting the application.
(B) Fee. A nonrefundable permit application fee shall be paid when the application is submitted to help
cover the cost of the plan review, administration and management of the permitting process and
inspection of project implementation and operation.
(C) Issuance. If the City Engineer determines that the permit application submittal is in compliance with all
provisions of this chapter, a permit may be issued. If the City Engineer determines that the permit
submittal does not conform with all provisions of this chapter, permit issuance shall be denied and a
written statement as to the reasons for the denial shall be provided to the applicant.
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(Code 1991 , §163.10; Ord. No. 3895, §1 , 6-20-95; Ord. No. 4100, §2 (Ex. A); 6-16-98)
170.10 Stormwater Pollution Prevention]
(A) Prohibitions
(1) Illicit discharges are prohibited. An illicit discharge is a storm drain that has measurable flow
containing pollutants and/or pathogens. No person shall discharge anything but uncontaminated
stormwater, into the storm drainage system. Common stormwater contaminants include trash, yard
waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste
and sediment. '
(2) Illicit connections are prohibited. Illicit connections are any drain or conveyance which allows an
illicit discharge to enter the storm drainage system. This prohibition includes illicit connections
made in the past, regardless of whether the connection was permissible at the time of connection.
(3) No person shall connect a line conveying sanitary sewage, domestic sewage or industrial waste, to
the storm drainage system, or allow such a connection to continue.
(B) Exemptions. The following non-stormwater discharges are acceptable and not a violation of this
chapter:
(1 ) A discharge authorized by an NPDES permit other than the NPDES permit for discharges from the
MS4;
(2) Uncontaminated waterline flushing and other infrequent discharges from potable water sources;
(3) Infrequent uncontaminated discharge from landscape irrigation or lawn watering;
(4) Discharge from the occasional non-commercial washing of vehicles within zoned residential areas;
(5) Uncontaminated discharge from foundation, footing or crawl space drains, sump pumps and air
conditioning condensation drains;
(6) Uncontaminated groundwater;
(7) Diverted stream flows and natural riparian habitat or wetland flows;
(8) A discharge or flow of fire protection water that does not contain oil or hazardous substances or
materials.
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(9) Any other non-stormwater discharge determined by the City Engineer to meet the standards and
objectives of this chapter.
(C) Requirements Applicable to Certain Dischargers
(1) Private Drainage System Maintenance. The owner of any private drainage system shall maintain
the system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is
not limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover, and
removal of debris from pipes and structures.
(2) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainage system
is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site.
(3) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall
clean the pavement as required to prevent the buildup and discharge of pollutants. The visible
buildup of mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved
surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of
wash water or other methods in compliance with this Code. Material shall not be swept or washed
into the storm drainage system. This section does not apply to pollutants discharged from
construction activities.
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(4) Maintenance of Equipment. ;Any leak or spill related to equipment maintenance in an outdoor,
uncovered area shall be contained to prevent the potential release of pollutants. Vehicles,
machinery and equipment must be maintained to reduce leaking fluids.
(5) Materials Storage. In addition to other requirements of this Code, materials shall be stored to
prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed containers
of hazardous substances is prohibited.
(6) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in
accordance with manufacturer recommendations and applicable laws. Excessive application shall
be avoided.
(7) Open Drainage Channel Maintenance. Every person owning or occupying property through which
an open drainage channel passes shall prevent trash, debris, excessive vegetation, and other
obstacles from their property from entering the drainage channel.
(D) Release Reporting and Cleanup. Any person responsible for a release of materials which are or may
result in illicit discharges to the storm drainage system shall take all necessary steps to ensure the
discovery, containment, abatement and cleanup of such release. In the event of such a release of a
hazardous material, said person shall comply with all state, federal, and local laws requiring reporting,
cleanup, containment, and any other appropriate remedial action in response to the release.
(E) Authorization to Adopt and Impose Best Management Practices. The City may adopt and impose a
Best Management Practices Manual and requirements identifying Best Management Practices for any
activity, operation, or facility, which may cause a discharge of pollutants to the storm drainage system.
Where specific BMP's are required, every person undertaking such activity or operation, or owning or
operating such facility shall implement and maintain these BMP's at their own expense.
170.11 . Stormwater Discharges from Construction Activities
(A) General Requirements for Construction Sitesj
(1) Construction Site. A construction site is a site with activity that would 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, any
part thereof; or land clearing.
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(2) Owner Responsibility. The owner of a site of construction activity shall be responsible for
compliance with the requirements of this chapter.
(3) Erosion And Sediment Control. Best Management Practices shall be implemented to prevent the
release of airborne dust and waterbome sediment from construction sites. Disturbed areas shall be
minimized, disturbed soil shall be managed and construction site entrances shall be managed to
prevent sediment tracking. Streets and stone inlets must be kept clean at all times and free of loose
rock, mud, debris and trash. Specific inlet protection measures may be necessary, as long as they
do not interfere with vehicular traffic. Mud on streets must be physically removed and not washed
into inlets.
(a) 182 Family Residential and Sites under One Acre. 'All residential lots must maintain properly
installed erosion and sediment control measures (silt fences, hay bales, erosion control
blankets, etc.) from the beginning of construction until slope stabilization and/or vegetation is
established in order to prevent sift and sediment from going offsite or into the street. Erosion
control measures may be temporarily moved out of the way for excavation and other grading
activities, but must be replaced or modified within 24 hours.
(b) All Other Construction Sites. Erosion and sediment control systems must be installed and
maintained per a state approved Storm Water Pollution Prevention Plan before the beginning
of construction and until slope stabilization and/or vegetation is established. For sites between
1 and 5 acres, the SWPPP must be onsite at all times. For sites over 5 acres, the N01 and the
SWPPP must be onsite at all times:
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(4) Construction Entrances. If driveways and approaches are not poured within 3 working days of
pouring the foundation, then a stabilized rock entrance is required. Rock entry must be at least 20'
wide by 20' long (1 & 2 family residential) or 50' long (all other construction sites) by 6" thick
stabilized rock having a minimum average diameter of 3". If there is an existing curb, loose
material such as fill dirt or gravel shall not be used to ramp up to it from the street. Temporary
wooden ramps in front of curbs are acceptable.
(5) Concrete Truck Wash Areas. No washing of concrete trucks or chutes is allowed except in specific
concrete wash pits located onsite. Proper runoff and erosion controls must be in place to retain all
concrete wash water.
(6) Dewatering. All rainwater pumped out of sumps and depressions on construction sites should be
clear and free of sediment, and must discharge to a sedimentation pond or settling tank in such a
manner as to not cause additional erosion problems.
(7) Storage of Materials. Public streets and sidewalks shall not be used for temporary storage of any
containers or construction materials, especially loose gravel and topsoil. In addition to on-street
storage being a violation of this chapter, all liability for any accidents and/or damages due to such
storage will be the responsibility of the owner of the stored materials.
(6) Dirt and Topsoil Storage. All uncovered soil or dirt storage piles should be located more than 25
feet from a roadway or drainage channel. If these piles remain for 15 or more days, then their
surfaces must be stabilized. If the piles will be in place for less than 15 days, then their perimeters
must be surrounded by appropriately installed erosion control devices such as silt fences or straw
bales. Dirt or soil storage piles located less than 25 feet from the road and in place for 15 or more
days must be covered with tarps or other control. If the piles will be in place for less than 15 days,
then their perimeters must be surrounded by silt fence or straw bales. Storm drain inlets must be
protected from potential erosion from near-street storage piles by silt fence or other appropriate
barriers.
(9) Franchise and Private Utilities. The property owner or main contractor onsite will be responsible for
restoring all erosion and sediment control systems and public infrastructure damaged or disturbed
by underground private or franchise utility construction such as water and sewer service leads,
telephone, gas, cable, etc. Erosion and sediment control systems must be immediately restored
after each utility construction.
(10) Post-Construction Compliance. Upon completion of permitted construction activity on any site, the
property owner and subsequent property ownersuwill be responsible for continued compliance with
the requirements of this chapter in the course of maintenance, reconstruction or any other
construction activity on the site.
(B) Construction Sites Requiring an Approved SWP3. For all construction sites where construction on a
site will disturb soil or remove vegetation on one (1) or more acres of land during the life of the
construction project, a Stormwater Pollution Prevention Plan (SWP3) for the project must be
implemented by the construction site owner as follows:
(1 ) The owner/developer/builder bears the responsibility for implementation of the SWP3 and
notification of all contractors and utility agencies on the site.
(C) Stormwater Pollution Prevention Plans. Preparation and implementation of Stormwater Pollution
Prevention Plans for construction activity shall comply with the following:
(1) Implementation
(a) Installation and Maintenance. BMP's shall be installed and maintained by qualified
persons. The owner/developer/builder or their representative shall be able to provide upon
the City Engineers request a copy of the SWP3 on site and shall be prepared to respond
to unforeseen maintenance of specific BMP's.
(b) Inspection. The owner/developer/builder or their representative shall inspect all BMP's at
least once every 14 days and within 24 hours after a rainfall of one half of an inch or more
as measured at the site or generally reported in the Fayetteville area.
(c) Modifications. Based on inspections performed by the owner/developer/builder or by
authorized City personnel, modifications to the SWP3 will be necessary if at any time the
specified BMP's do not meet the objectives of this chapter. In this case, the
owner/developer/builder or authorized representative shall meet with authorized City
personnel to determine the appropriate modifications. All modifications shall be completed
within seven (7) days of the referenced inspection, except in circumstances necessitating
more timely attention, and shall be recorded on the owner's copy of the SWP3.
(D) Requirements for Utility Construction
(1) Utility agencies shall be responsible for compliance with the requirements this chapter.
(2) Utility agencies shall develop and implement Best Management Practices (BMP's) to prevent the
discharge of pollutants on any site of utility construction within the City. In addition, the City may
adopt and impose BMP's on utility construction activity.
(3) Utility agencies shall implement BMP's to prevent the release of sediment from utility construction
sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site
entrances shall be managed to prevent sediment tracking. Excessive sediment tracked onto public
streets shall be removed immediately.
(4) Prior to entering a construction site or subdivision development, utility agencies shall have obtained
from the owner a copy of any SWP3's for the project. Any disturbance to BMP's resulting from
utility construction shall be repaired immediately by . the utility company in compliance with the
SWP3.
170.12-170.99 Reserved
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND
EROSION CONTROL
I
I.
170.01 INTENT......................................................................................................
170.02 ADOPTION OF DRAINAGE CRITERIA MANUAL........... ........................
170.03 PERMITS REQUIRED..............................................................................
170.04 PERMIT CONDITIONS......................................................................
170.06 SUBMISSION,IREVIEW, AND APPROVAL OF PLANS.'....... .....mama,
170.07 PERFORMANCE CRITERIA.. .................................................
170.08 MAINTENANCE RESPONSIBILITY.......:.......................I...... a...............
170.09 PROCESSING................. ........................................................................
170.10 STORMWATER POLLUTIONiPREVENTTION.................................. ........
170.11. STORMWATER DISCHARGES FROM-CONSTRUCTION�ACTIVITIES
170.12-170.99 RESERVED ............... ..... ...............
.. 3
.3
K?
5
5
7
8
... 9
....... 10
WA
I
Fayetteville Code of Ordinances
2
CD170:2
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 170: STORM WATER MANAGEMENT, DRAINAGE AND EROSION
CONTROL
170.01 Intent
(A) Intent. It is the intent of this chapter 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. a.
(2) Controlling soil erosion and sedimentation to minimize soil deposition iri streams and other
receiving water bodies and storm drainage systems.
(3) Requiring surface and stormwater management practices Amply with
requirements of this chapter.
(4) Promoting the development of stormwater facilities that are aesthetically desira le.
(B) Findings of fact. The City Council finds that uncoril
adversely affects the public health, safety, and welfare
from
(1) Impervious surfaces /runoff. Impervious surfaces in ercn ase the quantity and velocity of surface
runoff, which reduces percolation 6Iwater through soiPand increases erosion and flooding.
(2) Collection and conveyance of stormwater. Improper stormwatercollection and conveyance
adversely affects property and increa es,theincidence,and se erity of flooding, which can
endanger property and human life.
(3) Erosion. Increased erosiomleads to sedimentation in stormwater management systems, which
decreases the System's capacity]
(4) Future
sound
can
if land is developed in accordance with
(Code 1991,§f63.03 Ord. No. 38951620-95; Ord. NW4100. §2 (Ex. A), 6-16-98)
Manual
The City\Council hereby adopts t y refere cn a the Drainage Criteria Manual, prepared for the City of
Fayetteville and adopted by O?dinance No. 3895 of the City of Fayetteville, and as may be amended from
time to time'All technical proceturs and design standards contained therein shall have the same force and
effect as if printed.word for word to this chapter.
(Code 1991, §163.03; Ord. o15!1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98)
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 §170.03(C) and §170.03 (D)
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 applications 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:
(1) Insufficient or incomplete drainage permit application. If the drainage permit application, including
the required calculations, is determined by the City Fayetteville Code of Ordinances
Engineer to be insufficient or incomplete, it shall be revised and resubmitted by the applicant within
four (4) weeks of receipt of applicant within four (4) weeks of receipt'f 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 submitteedd_w,ithin four (4)) weeks of receipt by
applicant of the written notice of insufficiency or incompleteness. Horeverr the City Engineer may
delay issuance of the stop work order if the City Engineer determines thatthe•applicant has
demonstrated prior to the deadline that circumstance hot of 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*stopwork,or A _der'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 slop work order. If a stop wow order is issued pursuant to
§170.03 (C) (3), the applicant shall stabilize a`nd.reJegetate all•graded and otherwise disturbed
areas as set forth in §169.06(F)(4) and §) 69.04(B).
(5) Termination of stop wqr" k order?Any stop work order issued pursuant to §170.03 (C) (2) or §170.03
(C) (3), shall expire upon the issuance of a7drainage permit and compliance with any conditions
contained in, itie drainage pernitj
(D) Exceptions where no Bra e permit quied. braea ge permits are not required for the following:
(1) Single -a ly/duplex.Oneinngle-famiillyresidennceorduplex.
(2) Commercialdridusfr'al. One commercial or industrial project built on an individual lot that is part of a
larger subdivision 1h1has been issued an approved drainage control permit when the proposed
p oject is demonstrate d'to be incompliance with the overall subdivision drainage permit.
(3) Existing commercialndustrial. Existing commercial and industrial structure where additional
structural'improvements are less than 2,000 square feet.
(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.
(E) Compliance with chapter provisions. Although a specific permit is not required for these particular
circumstances, this exception does not exempt the owner/developer/builder from complying with the
pollution prevention and erosion and sediment control provisions of this chapter.
(F) 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.
(Code 1991, §163.04; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4314, 5-15-01)
170.04 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 consfitjcuion 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
be established as conditions to the permit.
(D) Duration.
tl (1) Unless revoked or otherwise modified, the
chapter shall be one year.
(2) If the permitted project discharge structure is not
permit duration can be extended to cover the pro
Engineer.
a construction permit
phase of permitting shall
to this
or to expiration, the construction
subject to approval of the City
(E) Maintenance. Maintenance activities, as specified in -the approved maintenance plan, shall be executed
routinely, with scheduled reporting to the City.Engineeir.
(F) Modifications. If the activity, authorized by the p remit is note completed according to the approved
schedule and permit conditions, the Gity Engineer shall be notified. For revisions resulting in a schedule
extension of more th X30 days, or'f deviations fro the permit conditions are expected to occur,
approval of a perit:rriodification is/required by the City Engineer.
(G) Transfer. No transfer,�asaignmeht, ors�le bf the rights granted by virtue of an approved permit shall be
made without -prior written approval from'the Qit' Engineer.
(H) Special. Any additionalspecial�conditions, as deemed appropriate by the City Engineer, shall be
established to address specific project needs or circumstances.
(Code 99i163.05; Ord. 3895,1, 6-20-9 ;Ortl: No. 4100, §2 (Ex. A), 6-16-98)
170.05 Permit, Application
A storm water management,'drainage, and erosion control permit application shall be submitted to the City
Engineer using appropriate`fomis as provided by the city. A permit application shall contain sufficient
information and plans t`o allow the City Engineer to determine whether the project complies with the
requirements of this chapter. 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 1, Drainage Report
Checklist. Submittal information and plans shall include, but not be limited to the following:
(A) Applicant identification. Applicant information, including the name, address, and telephone number of
the owner and developer, and proof of ownership of 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
water bodies.
(B) Plan. Stormwater management, drainage and erosion control plan, shall include, but not be limited to
the following:
5
(1) Aerial photograph. Aerial photograph, if available, of the project vicinity, covering the project area
and the total lands that contribute runoff.
(2) Topographic map. Topographic map of the project area showing the location and elevation of
benchmarks, including at least one benchmark for each control structure.
(3) Land use map. Land use map showing both current and proposed conditions for the drainage area
that contributes runoff.
(4) Soils and vegetation map. 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.
(5) Grading, drainage, paving, building drawings. Proposed grading,
drawing(s) showing details of proposed grading, drainage, pavin(
(6) Erosion and sediment drawings. Erosion and sediment
identifying the type, location, and schedule for impleme
measures, including appropriate provisions for mainten
measures.
(7) Technical report. Technical report, prepared
assumptions, calculations, and procedures i
criteria established by this chapter.
(8) Maintenance report. Maintenance
engineer, describing the activities.
facilities until accepted by the city.
(Code 1991, §163.06; Ord. No. 3895, §1,6-20-95;
170.06 Submission, Resew and P
(A) General. The stormwater management,
engineer of record,Fwho is a licensed pr(
(B) Pre -preliminary drainage'plan and revrei
professional
and building
and specifications
ediment control
m,of temporary
the
and draw irigs)yprepared by a registered professional
le requirred Co operate and maintain the permitted
A),
erosion control plans shall be prepared by the
ineer of the State of Arkansas.
unary stormwater management, drainage, and
s suggested before platting, replats, lot splits,
egin for the purpose of overall general drainage
(C) 'Preliminary stormwaterand drai age plan. Preliminary stormwater management, drainage, and erosion
control'plans and accompanying information as described in the Drainage Criteria Manual shall be
submitte d,at the time of thpreliminary 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
representative of the deve &3 'r, 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 jointl 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 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) Off -site improvements. If it is determined that offsite drainage improvements are required, and that such
specific off -site drainage improvements are consistent with the city's current and established priorities,
then cost sharing will be in accordance with "Required Off -site Improvements." If the city is unable, or
unwilling, to contribute its share of the off -site costs, the developer shall have the option of:
(1) Developer's expense. Building the off -site improvements at his/her own expense;
(2) Detention. Providing detention so as to match downstream capacities; or
(3) Delay project. Delaying the project until the city is able, or willing,
(Code 1991, §163.07; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A),
170.07 Performance Criteria
(A) Storm water management, drainage, and erosion
erosion control plans shall be prepared in accord
structured to achieve the purposes and objective:
and quantity of runoff after development is not su
(B) Performance criteria. Except as otherwise provided in )
constructed, operated, and maintained to comply with
as well as to
in the off -site costs.
t, drainage, and
have been
tat the quality
'development must be designed,
performance criteria:
(1) Flood Damage Prevention Code. Provisions -for floodplain management criteria shall be consistent
with those contained in Chapter 168, the FloodlDamage Pre ev ntion Code.
(2) Peak discharge. The post -development peak rate of surface discharge must not exceed the
existing discharge ffor, he 100.year, 24 hour storm the 10.y a 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.
(3) Erosion and than el stability.iAll stormwater management systems shall be evaluated based on
their ability to prevent erosio_ sedimentation of the receiving waters and adverse impacts on
the sittee'.s_natural syst&nns`yThe design -engineer -shall consider the on -site and downstream effects
of1the peak discharges and/shall design b'otti-the permanent and the construction phase of the
stonnwater managemeit system in a manner that will not increase flooding, channel instability, or
ro'sion downstream whemconsidered in aggregate with other developed properties and
(4) `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.
in
(5) Drainage\Critena Manual. The technical procedures and design standards contained in the
Drainage Cntena,Manual, prepared for the City of Fayetteville, and adopted by this chapter and as
may be amended:from time to time, shall be used for guidance to determine compliance with the
performance criteria established by this chapter.
(Code 1991, §163.08; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98)
170.08 Maintenance Responsibility
(A) Dedication. Those stormwater management systems approved in compliance with this chapter that will
function as an integral part of the system maintained by the city shall be dedicated to the city. All areas
and/or structures to be dedicated to the city 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 shall be
maintained by the city. All systems not dedicated to the city shall have adequate easements to permit
the city to inspect and, if necessary to take corrective action should the responsible entity fail to properly
maintain the system. Maintenance of all other stormwater management systems approved in
compliance with this chapter 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 entity. 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 whoDrovides 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; or,
(6) Property owner association. Property owner
provisions:
to
(a) The association provides a binding legal nsi%inent through which it
for stormwater management system operation and maintenance.
(b) The association has sufficient powers to operate
assess members, contract for services, exist pei
alternative operation and maintenance services.
(c) The association can provide a
maintain services.
(C) Inspections. As part of the•const
shall be established to.address'i
work shall proceed until the City
schedule milestone Any portion
specified in writing by the City Ei
entities maintaining'stormwateri
the city to ensure continued mai
(Code
Fees,
the following
responsibility
the system, establish rules,
if dissolved, to provide
capability to operate and
)errnit appro II p'roces a construction inspection schedule
rojectinil stones. Underthe approved inspection schedule, no
?r inspects and authorizes work to proceed beyond each
rork that`does not comply with the permit conditions shall be
and prom'tiy:corrected by the responsible entity. For approved
ment systems not dedicated to the city, periodic inspections by
e.of the stormwater management system after construction is
is to the operation of the stormwater management system.
Ord. No. 4100, §2 (Ex. A), 6-16-98)
;als, Ch. 155, Variances, Ch. 156; Bonds and Guarantees, Ch. 158;
170.09 Processing
Procedure for processing of permit applications shall be as follows:
(A) Application. Stormwate management, drainage, and erosion control permit applications shall be
submitted to the cit'for review, processing, and approval. Applicants may schedule a pre -application
conference with the city to discuss a proposed project before submitting the application.
(B) Fee. A nonrefundable permit application fee shall be paid when the application is submitted to help
cover the cost of the plan review, administration and management of the permitting process and
inspection of project implementation and operation.
(C) Issuance. If the City Engineer determines that the permit application submittal is in compliance with all
provisions of this chapter, a permit may be issued. If the City Engineer determines that the permit
submittal does not conform with all provisions of this chapter, permit issuance shall be denied and a
written statement as to the reasons for the denial shall be provided to the applicant.
(Code 1991, §163.10; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98)
Ron Petrie
Submitted By
proval of an ordinance to amen
prohibiting illicit discharges and
Cost of this request
Account Number
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
September 5, 2006
City Council Meeting Date
Engineering Operations
Division Department
Action Required:
.0. Chapter 170: Stormwater Management, Drainage, and Erosion Control
ig erosion control requirements for single-family and duplex construction.
Category / Project Budget
Funds Used to Date
Program Category / Project Name
Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
City Attorney
� 2t�oc
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Date: August 16,2006
City of Fayetteville
Engineering Division
113 West Mountain
Fayetteville, AR 72701
ph: 479-575-8206
fax: 479-575-8202
To: Fayetteville City Council.
Thru: Dan Coody, Mayor
Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer OR
Subject: Amend U.D.O. Chapter 170: Stormwater Management, Drainage, and
Erosion Control by prohibiting illicit stormwater discharges and adding erosion
control requirements for single-family and duplex construction.
RECOMMENDATION:
Staff recommends approval of amendments to U.D.O. Chapter 170: Stormwater
Management, Drainage, and Erosion Control which will prohibit illicit stormwater
discharges and add erosion control requirements for single-family and duplex
construction.
BACKGROUND:
The City's Stormwater Management, Drainage and Erosion Control Ordinance currently
exempts all single-family home and duplex construction from complying with erosion
and sedimentation control requirements.
The NPDES Regulated Small MS4 Storm Water Permit has six minimum requirements
for compliance. Several of the requirements are for city ordinances. On review of the
City's current ordinance many, but not all, of the requirements were already in place. The
proposed amendments will bring U.D.O. Chapter 170: Stormwater Management,
Drainage, and Erosion Control into compliance with the permit requirements.
The NPDES Regulated Small MS4 Storm Water Permit period began in May of 2004 and
the requirements of the permit must be in place by January of 2009.
The amendments to U.D.O. Chapter 170: Stormwater Management, Drainage, and
Erosion Control were reviewed by the Environmental Concerns Committee on February
15, 2006. The Committee went over the amendments in depth at the meeting and gave
themselves a week to comment on the proposal however no comments were made. The
proposal
went
on to the Ordinance Review
Committee on June 1, 2006 and was approved
to move
on to
City Council.
DISCUSSION:
The proposed additions are as follows:
Section 170.03 Paragraph E, states that while single-family homes and duplexes do not
need a drainage permit they are not exempted from complying with pollution prevention,
erosion and sediment control provisions.
Section 170.10 Stormwater Pollution Prevention, this section was added to meet
requirements of the City's NPDES Phase II Small MS4 Permit. It
• prohibits illicit discharges and connections,
• identifies some accepted discharges,
• requires owners of private drainage systems to maintain the system,
• prohibits concentrated irrigation runoff,
• requires owners of parking lots to clean them,
• prevents leaks and spills,
• requires proper storage of hazardous substances,
• requires correct use of pesticides, herbicides, and fertilizers and
• prevents trash from entering open drainage channels.
This section also will allow the City to adopt and impose a Best Management Practices
Manual in the future.
Section 170.11 Stormwater Discharges from Construction Activities, this section was
also added to meet requirements of the City's NPDES Phase II Small MS4 Permit. It
requires all construction including single-family and duplex construction to implement
erosion control practices as follows:
• all construction sites to have construction entrances,
• concrete truck washing onsite to be only allowed in specific concrete wash pits,
• rainwater pumped on the site to be discharged to a sedimentation pond or settling
tank,
• materials to be stored off the street,
• dirt and topsoil to be stored no less than 25 feet from' the road or drainage channel,
• storage piles remaining for 15 or more days must have their surfaces stabilized,
• storm drain inlets to be protected,
• continuing compliance with this section from the property owner and subsequent
property owners post -construction.
A summaryof the proposed amendments, an example handout explaining requirements
for single-family and duplex construction, and the proposed amendments to U.D.O.
Chapter 170: Stormwater Management, Drainage, and Erosion Control are included as
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 170: STORMWATER
MANAGEMENT, DRAINAGE, AND EROSION CONTROL, UNIFIED
DEVELOPMENT CODE, TO PROHIBIT ILLICIT STORMWATER
DISCHARGES, AND ENACT EROSION CONTROL REQUIREMENTS
FOR SINGLE-FAMILY AND DUPLEX CONSTRUCTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE*w"C I;TYj OF
FAYETTEVILLE, ARKANSAS: p'/ -,'•.I
Section 1. That Chapter 170: Stormwater
Control, Unified Development Code, is hereby
hereto and made a part hereof, is inserted in its st
By:
PASSED and APPROV-ED,this 5th
SMITH, City Clerk
COODY, Mayor
Erosion
attached
170.10 Stormwater Pollution Prevention
(A) Prohibitions
(1) Illicit discharges are prohibited. An illicit discharge is a storm drain that has measurable flow
containing pollutants and/or pathogens. No person shall discharge anything but uncontaminated
stormwater, into the storm drainage system. Common stormwater contaminants include trash, yard
waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste
and sediment.
(2) Illicit connections are prohibited. Illicit connections are any drain or conveyance which allows an
illicit discharge to enter the storm drainage system. This prohibition includes illicit connections
made in the past, regardless of whether the connection was permissible at the time of connection.
(3)
No
person shall connect a line conveying
sanitary sewage,
the
storm drainage system, or allow such
a connection to c�
(B) Exemptions. The following non-stormwater discharges
chapter. A
(C)
(1) A discharge authorized by an NPDES permit
MS4; '
(2) Uncontaminated waterline flushing and other
(3) Infrequent uncontaminated discharge from lai
(4) Discharge from the occasional noncommerci
(5) Uncontaminated discharge from fo tion,,
conditioning condensation drains;
(6) Uncontaminated -roue wwater;
(7) Diverted stream flows and natural riparian h
(8) A discharge or flow;of fire protectionswatQj
of
the NPDES
or industrial waste, to
not a violation of this
fS'discharoes from the
req, uent discharge"s from potable water` sources;
scape irrigation or lawn watering;
washing of vehicles within zoned residential areas;
obng�or crav pace drains, sump pumps and air
at or wetland flows;
Noes not contain oil or hazardous substances or
determined by the City Engineer to meet the standards and
(1) PnvatIDrainage System4Maintenance. The owner of any private drainage system shall maintain
the system to preventSraduce the discharge of pollutants. This maintenance shall include, but is
not lim ed3to` sediment' removal, bank erosion repairs, maintenance of vegetative cover, and
• removal of clebns,frorn•pipes and structures.
(2) Minimization oton Runoff. Concentrated flow of irrigation water to the stone drainage system
is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site.
(3) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall
clean the pavement as required to prevent the buildup and discharge of pollutants. The visible
buildup of mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved
surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of
wash water or other methods in compliance with this Code. Material shall not be swept or washed
into the storm drainage system. This section does not apply to pollutants discharged from
construction activities.
9
(4) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor,
uncovered area shall be contained to prevent the potential release of pollutants. Vehicles,
machinery and equipment must be maintained to reduce leaking fluids.
(5) Materials Storage. In addition to other requirements of this Code, materials shall be stored to
prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed containers
of hazardous substances is prohibited.
(6) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in
accordance with manufacturer recommendations and applicable laws. Excessive application shall
be avoided.
(7) Open Drainage Channel Maintenance. Every person owning or occupying property through which
an open drainage channel passes shall prevent trash, debris, excessive vegetation, and other
obstacles from their property from entering the drainage channel. '
(D) Release Reporting and Cleanup. Any person responsible for a release of materials which are or may
result in illicit discharges to the storm drainage system shall take all'rnecessary steps to ensure the
discovery, containment, abatement and cleanup of such release. In the event of such a release of a
hazardous material, said person shall comply with all stafe4federal, and local laws requiring reporting,
cleanup, containment, and any other appropriate remedial, action in response to the release.
(E) Authorization to Adopt and Impose Best Manage
Best Management Practices Manual and requiren
activity, operation, or facility, which may cause a di
Where specific BMP's are required, every person
operating such facility shall implement rand-maintai
170.11. Stormwater Discharges
(A) General Requirements for
B,. The City may adopt and impose a
est Management Practices for any
utants to the storm drainage system.
uch activity or operation, or owning or
at their own expense.
(1) Construction Sit,A c noc stru`ction site is aitwith activity tKat'would result in the creation of a new
stormwater management system, includiriy the building, assembling, expansion, modification, or
alteration offth existing contotars; of the prdpeity; the erection of buildings or other structures, any
part thereof; or land clearing.
(2) Owner (3esponsibility. The ownerkof a site�of construction activity shall be responsible for
compliance with the requirements of this chapter.
Erosion And Sediment Control: Best Management Practices shall be implemented to prevent the
release of airborne�duust ands brrbbome sediment from construction sites. Disturbed areas shall be
minimized, disturbed so l shall'be managed and construction site entrances shall be managed to
revent sediment tracking. Streets and storm inlets must be kept clean at all times and free of loose
rock mud, debris and trash. Specific inlet protection measures may be necessary, as long as they
do not.interfere with vehicular traffic. Mud on streets must be physically removed and not washed
into inlets.*, A
(a) 1&2 Family, -Residential and Sites under One Acre. All residential lots must maintain property
installed erosion and sediment control measures (silt fences, hay bales, erosion control
blankets, etc.) from the beginning of construction until slope stabilization and/or vegetation is
established in order to prevent silt and sediment from going offsite or into the street. Erosion
control measures may be temporarily moved out of the way for excavation and other grading
activities, but must be replaced or modified within 24 hours.
(b) All Other Construction Sites. Erosion and sediment control systems must be installed and
maintained per a state approved Storm Water Pollution Prevention Plan before the beginning
of construction and until slope stabilization and/or vegetation is established. For sites between
1 and 5 acres, the SWPPP must be onsite at all times. For sites over 5 acres, the NOI and the
SWPPP must be onsite at all times.
10
(4) Construction Entrances. If driveways and approaches are not poured within 3 working days of
pouring the foundation, then a stabilized rock entrance is required. Rock entry must be at least 20'
wide by 20' long (1 & 2 family residential) or 50long (all other construction sites) by 6" thick
stabilized rock having a minimum average diameter of 3". If there is an existing curb, loose
material such as fill dirt or gravel shall not be used to ramp up to it from the street. Temporary
wooden ramps in front of curbs are acceptable.
(5) Concrete Truck Wash Areas. No washing of concrete trucks or chutes is allowed except in specific
concrete wash pits located onsite. Proper runoff and erosion controls must be in place to retain all
concrete wash water.
(6) Dewatering. All rainwater pumped out of sumps and depressions on construction sites should be
clear and free of sediment, and must discharge to a sedimentation pond or settling tank in such a
manner as to not cause additional erosion problems.
(7) Storage of Materials. Public streets and sidewalks shall not be used for temporary storage of any
containers or construction materials, especially loose gravel a, topsoil. In addition to on -street
storage being a violation of this chapter, all liability for any accidents and/or damages due to such
storage will be the responsibility of the owner of the store imaterials.
(8) Dirt and Topsoil Storage. All uncovered soil or rrtstorage piles should be located more than 25
feet from a roadway or drainage channel. I2hese.piles remain for 15 or om ret�days, then their
surfaces must be stabilized. If the piles will be in place for lessdhan 15 days, then their perimeters
must be surrounded by appropriately installed.erosion contrdid vices such as sillt fences or straw
bales. Dirt or soil storage piles located less than'2
5'feet f?ritthe road and in place for 15 or more
days must be covered with tarps or other control. If the piles will be in place for less than 15 days,
then their perimeters must be surrounded by silt fence oRstraw bales. Storm drain inlets must be
protected from potential erosion from en ar,street storage piles by silt fence or other appropriate
barriers.
(9) Franchise and Private Utilities. The property owner or main con ractor onsite will be responsible for
_
restoring all erosion afid diment control systems>andpublic-infrastructure damaged or disturbed
by underground pn ale or franchise utilityEonstiuction us ch�as water and sewer service leads,
telephone, gasf able, etc. Erosion and sediment control systems must be immediately restored
after each utilitvconstruction.
(10) Post-Constructioh-Compliance. Upon completion;of permitted construction activity on any site, the
property owner and subsAuent Property�ownersZwiil be responsible for continued compliance with
the requ ri ements ooffthis)chapter in the c 'o6`rse of maintenance, reconstruction or any other
(B) Construction Sites Requiring anlAp`broved SWP3. For all construction sites where construction on a
site will disturb soil or remove vegetation on one (1) or more acres of land during the life of the
construction project, a Stonnwater`Pollution Prevention Plan (SWP3) for the project must be
implemented nted by the construction site owner as follows:
(1) The own erldeveloper/builder bears the responsibility for implementation of the SWP3 and
notification bf all contractors and utility agencies on the site.
(C) Stormwater Pollution Prevention Plans. Preparation and implementation of Stormwater Pollution
Prevention Plans for construction activity shall comply with the following:
(1) Implementation
(a) Installation and Maintenance. BMP's shall be installed and maintained by qualified
persons. The owner/developer/builder or their representative shall be able to provide upon
the City Engineer's request a copy of the SWP3 on site and shall be prepared to respond
to unforeseen maintenance of specific BMP's.
11
(b) Inspection. The owner/developer/builder or their representative shall inspect all BMP's at
least once every 14 days and within 24 hours after a rainfall of one half of an inch or more
as measured at the site or generally reported in the Fayetteville area.
(c) Modifications. Based on inspections performed by the owner/developer/builder or by
authorized City personnel, modifications to the SWP3 will be necessary if at any time the
specified BMP's do not meet the objectives of this chapter. In this case, the
owner/developer/builder or authorized representative shall meet with authorized City
personnel to determine the appropriate modifications. All modifications shall be completed
within seven (7) days of the referenced inspection, except in circumstances necessitating
more timely attention, and shall be recorded on the owners copy of the SWP3.
(D) Requirements for Utility Construction
(1) Utility agencies shall be responsible for compliance with the
(2) Utility agencies shall develop and implement Best
discharge of pollutants on any site of utility constr
adopt and impose BMP's on utility construction acts
(3) Utility agencies shall implement BMP's to preven
sites. Disturbed areas shall be minimized, distw
entrances shall be managed to prevent sediment
streets shall be removed immediately. 1
(4) Prior to entering a construction site or subdivision
from the owner a copy of any SWP3's for the I
utility construction shall be repelrmm ediatel
SWP3.
170.12-170.99 Reserved
release of s
soil shall be
this chapter.
s (BMP's) to prevent the
In addition, the City may
utility construction
(,construction site
racked onto public
it, utility agencies shall have obtained
disturbance to BMP's resulting from
ity company in compliance with the
12
1
August 16, 2006
Summary of Proposed Amendments to
Chapter 170: Stormwater Management, Drainage and Erosion Control
1) Section 170.03 Permits Required, paragraph E
a) Section 170.03 outlines grading and drainage permit requirements.
b) Paragraph D states that drainage permits are not required for the following:
i) Single-family, duplexes,
ii) commercial or industrial projects being built on an individual lot that is part of
a larger subdivision that has been issued an approved drainage control permit.
iii) Existing commercial/industrial sites making additional structural
improvements of less than 2,000 sq ft.
iv) maintenance
v) agriculture
vi) emergency
c) Paragraph E was added to state that while these activities mentioned above do not
need a drainage permit they are not exempted from complying with pollution
prevention, erosion and sediment control provisions.
d) A fact sheet titled "Required Erosion Control Practices for Home Sites" and
"Typical Erosion Control Measures for Single Family/Duplex Construction" was
developed to serve as a guide and will be handed out with building permits for
single family and duplex construction.
2) Section 170.10 Stormwater Pollution Prevention
a) This section was added to meet requirements of the City's NPDES Phase II Small
MS4 Permit. '
b) Prohibits illicit discharges and illicit connections
i) An illicit discharge is a discharge from a storm drain with a measurable flow that contains
pollutants or pathogens.
c) Defines acceptable, exempted discharges such as:
i) A discharge authorized by an NPDES permit.
ii) Uncontaminated water line flushing,
iii) Infrequent landscape irrigation or lawn watering
iv) Occasional non-commercial car washes
v) Fire protection water that does not contain oil or hazardous substances
vi) Other discharges as determined by the City Engineer to meet the standards of
this chapter
d) Requirements for certain dischargers include:
i) Owners of private drainage systems shall maintain the system to prevent or
reduce the discharge of pollutants.
ii) Concentrated flow of irrigation runoff is prohibited.
iii) Owners of paved parking lots, streets or drives shall clean the pavement as
required to prevent buildup and discharge of pollutants.
iv) Leaks or spills related to maintenance of equipment shall be contained to
prevent release of pollutants.
v) Materials shall be stored to prevent release of pollutants.
vi) Hazardous substances my not be stored uncovered in outdoor storage or in
unsealed containers. .
August 16, 2006
vii) Pesticides, herbicides, and fertilizers shall be applied in accordance with
manufacturer recommendations.
viii) Owners of open drainage channels shall prevent trash, debris, excessive
vegetation, and other obstacles from their property from entering the drainage
channel.
e) Any one responsible for a release of materials which may result in an illicit
discharge is responsible for discovery, containment, abatement, reporting and
cleanup of such release.
The City may adopt and impose a Best Management Practices Manual for any
activity, operation, or facility which may cause a discharge of pollutants to the
storm drainage system. Owners must implement and maintain these BMPs at
their own expense.
3) Section 170.11 Stormwater Discharges from Construction Activities
a) This section was also added to meet requirements of the City's NPDES Phase II
Small MS4 Permit.
b) The owner of a construction site is responsible for the requirements of this
chapter.
c) All construction sites, including 1 &2 family residential and sites under 1 acre, are
required to use Best Management Practices (BMPs) for erosion and sediment
control including the following:
i) Construction entrances are required for all construction sites.
ii) Concrete truck washing is only allowed in specific concrete wash pits
located onsite. Proper runoff and erosion controls must be in place to retain
all concrete wash water.
iii) All rainwater pumped on construction sites must be discharged to a
sedimentation pond or settling tank in a manner that will not cause additional
erosion problems.
iv) Storage of materials on street storage is prohibited and liability for any
accidents or damages due to such storage is the owner's responsibility.
v) Dirt and topsoil storage shall be stored no less than 25 feet from a roadway
or drainage channel
vi) Storage piles remaining for 15 or more days must have their surfaces
stabilized and their perimeter surrounded by appropriately installed erosion
control devices.
vii) Storm drain inlets must be protected from potential erosion from near -street
storage piles by silt fence or other appropriate barriers.
viii) The property owner or main contractor on site is responsible for restoring
erosion and sediment control systems and public infrastructure damaged
during underground private or franchise utility construction.
ix) Upon completion of permitted construction activity the property owner and
subsequent property owners are responsible for continued compliance, post -
construction, under the requirements of this chapter.
d) For construction sites requiring an approved Stormwater Pollution
Prevention Plan (SWP3), the owner/developer/builder is responsible for
2
August 16, 2006
implementation of the SWP3 and notification of all contractors and utility
agencies on site.
e) Stormwater Pollution Prevention Plans
i) Installation and maintenance of BMPs shall be done by qualified persons,
plans shall be kept on site, and qualified persons shall be able to respond to
unforeseen maintenance.
ii) BMPs shall be inspected at least once every 14 days and within 24 hours after
a rainfall of one half inch or more.
iii) Based on inspections performed by the owner/developer/builder or by
authorized City personnel, modifications to the SWP3 will be necessary if at
any time the specified BMP's do not meet the objectives of this chapter. In
this case, the owner/developer/builder or authorized representative shall meet
with authorized City personnel to determine the appropriate modifications. All
modifications shall be completed within seven (7) days of the referenced
inspection, except in circumstances necessitating more timely attention, and
shall be recorded on the owner's copy of the SWP3.
U Utility agencies are responsible for compliance with the requirements of this
chapter
3
TYPICAL EROSION CONTROL MEASURES FOR
SINGLE FAMILY/DUPLEX CONSTRUCTION
r - - NOTE: EROSION CONTROL MEASURES
SHOULD BE ADJUSTED TO MEET
SITE CONDITIONS.
.2 F T
INIS FENCE �Ej g��OF eE gV t I
ItCTML
I I .c s ORNE
I 1
X02
U �
r
O �
� 3
i)1 ri &,:�4Pk'h',
EXISTING STREET (00 NOT use GRAVEL)__
STRAW BALE FENCES
CROSS SECTION OF r
STRAW OaIE INSTAUAT)W ���
.ION
SILT FENCES
CROSS SECTIONS OF
TRENCHES FOR ALT FENCES
eA;
'11Erm
I-1111 _
(aaR •n�1/
1. IXUVAIE A 4Off? 1ROIOI
Mac IRE CC OO
2. STAU Ta SnT Ch(CE oN a0T.x9DPE
510E or Inc. cxinao r or
r,aec MO IK TRENCH.
f.A. .a Nan
1 MOCK H.16 US C TWO STm aanc
a I.2'Y V\000 ST#CS PER BNE 0014£
AT STMS MO CRa(M AT (EAST t.
OdDS i➢R lit 06TAKE OCNWI TWO
STNSS
1. OIU1LL ARO C01P C1 TE IXCAVMUJ
San
REQUIRED EROSION CONTROL PRACTICES FOR HOME -SITES
By controlling
erosion, home
builders help
keep our
lakes and
streams
dean.
Straw Bale or Silt Fence
• Install within 24 hours of land
disturbance.
• Install on down slope sides of site
parallel to contour of the land.
• Extend ends upslope enough to allow
water to pond behind fence.
• Bury eight Indies of fabric in trench
(see diagram).
• Stake (two stakes per bale).
• Leave no gaps. Stuff straw between
bales, overlap sections of silt fence, or
twist ends of silt fence together.
• Inspect and repair once a week and
after every 1/2 -inch rain. Remove
sediment if deposits reach half the
fence height. Replace bales after three
months.
• Maintain until a lawn is established
(first mowing) -even in winter.
Soil Piles
• Locate away from any down slope
street, driveway, stream, lake, wetland,
ditch or drainage way.
• Temporary seed such as annual rye
or winter wheat is recommended for
topsoil piles.
• Locate piles at least 25' away from a
roadway or drainage way. Piles which
will exist for more than fifteen (15)
days shall be covered. try vegetation,
mulching, tarps or other means.
Access Drive
• Install an access drive at the start of
construction, if a driveway will not be
poured within 3 working days of
pouring the foundation.
• Lay stone six inches deep and at least
twenty feet wide from the foundation
to the street (or 20 feet if less) using at
least three inch aggregate.
• Use to prevent tracking mud onto the
road by all vehicles.
•Maintain throughout construction.
•If there is an existing curb, loose
material such as fill dirt or gravel shall
not be used to ramp up to it from the
street Temporary wooden ramps in
front of curbs are acceptable.
Sediment cleanup
• By the end of each work day, sweep
or serape up soil tracked onto the road.
• By the end of the next work day after
a storm, dean up soil washed off -site.
Storm Inlet Protection
• Protect on -site storm sewer inlets
with straw bales, silt fences or
equivalent measures.
• Inspect, repair and remove sediment
deposits after every storm.
Downspout Extenders
• Not required, but highly
recommended.
• Install as soon as gutters.and
downspouts are completed to prevent
erosion from roof runoff.
• Use plastic drainage pipe to route
water to a grassed or paved area.
• Maintain until a lawn is established
(first mowing) -even in winter.
Preserving Existing Vegetation
• Wherever possible, preserve existing
trees, shrubs, and other vegetation.
• To prevent root damage, do not
grade, place soil piles, or park vehides
near trees marked for preservation.
Re -vegetation
• Seed, sod or mulch bare soil as soon
as possible. Vegetation is the most
effective way to control erosion.
Erosion control measures are inspected by our department year round. Sediment deanup from daily
activities must be done at the end of each workday. Sediment deanup from a storm event must be deaned
up by the end of the next workday following the storm. Violations of erosion control and or sediment
deanup may result in a stop work order being issued. It is important to talk to your builder today to
determine if you or your builder is responsible for maintaining erosion control.
For more information please contact:
Engineering Department
Phone: (479) 575-8208 swrede@d.fayetteville.ar.us
Monday through Friday 8:00 a.m. to 5:00 p.m.
From: Clarice Pearman
To: Pate, Jeremy
Date: 9.12.06 5:03PM
Subject: Ords. 4915, 4916, 4918, 4919, 4920 & 4921
Jeremy,
Attached are the above ordinances passed by City Council, September 5, 2006. If you have any
questions please let know.
I am still working on the exhibits for the landscaping. I'm still having trouble getting the WordPerfect
graphic to come in. I may for publishing purpose just have to say "graphics may be viewed in city clerk
office". I may have to have you bring the jump drive again. I'll let you know.
Thanks.
Clarice
CC: Audit; GIS
NDRTHWEST ARfCA'NSAS EDf710N
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
Ordinance 4920
Was inserted in the Regular Editions:
September 19, 2006
Publication Charge: $1379.70
Subscribed and worn to before me
This/Q day of 2006.
Notary Public
Sharlene D. Williams
Notary Public
My Commission Expires: State of Arkansas
My Commission Expires
October 18, 2014
RECEIVED
SEP 22 2006
CITYOFFAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE HO. 4910 Q
AN ORDINANCE AMENDING CHAPTER
170: GE, AND STORMWATER MANAGEMENT,
DRAINAGE, AND EROSION CONTROL, UN4 U1
ENT CODE, TO PROHIBIT T L �e
FlED DEVELOPMENT e
ILLICIT STORMWATER DISCHARGES, AND ARKANSAS
ENACT EROSION CONTROL REQUIRE.
MENTS FOR SIMGIE•F/1MILY AND DUPLEX CONSTRUCTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That Chapter 170: Stomwater Management, Drainage, and Erosion Control, Unified
Development Code, is hereby repealed, and Exhibit •A; attached hereto and made a pan hereof, is
inserted in as Mead.
PASSED Lod APPROVED this 5th day of September, 2006.
APPROVED, .
ATTEST: COODY, Mayor
By: /s/SONDRA SMITH, City Clerk
EXHIBIT A
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 170: STORMWATER MANAGEMENT DRAINAGE AND
EROSION CONTROL
170.011NTENT.............................3
....................................
170.02 ADOPTION OF DRAINAGE CRITERIA MANUAL......:.........................3
170.03 PERMITS REQUIRED .................................... .................3
170.04 PERMIT CONDITIONS.....................................................5
170.05 PERMIT APPLICATION .... ......... .. ..................................5
170.06 SUBMISSION, REVIEW, AND APPROVAL OF PLANS ................:...........6
170.07 PERFORMANCE CRITERIA . ............................................. 7
170.08 MAINTENANCE RESPONSIBILITY...........................................7
170.09 PROCESSING........................................................ ...8
170.10 STORMWATER POLLUTION PREVENTION......:.............................9
170.11. STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES ..............10
170.12-170.89.99 RESERVED ............................. ........... ........12
Fayettevlle Code of Ordinances
C0170:2
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 170'. STORMWATER MANAGEMENT, DRAINAGE AND EROSION
CONTROL
170.01 Intent
(A)Intent. It Is the Intent of this chapter 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 d stormwater moot to prevent morass -
as in flood flows and associated hazards and costs.
(2) Control'mg Bel erosion and sedimentation to minimize Will deposition In Streams and other
receiving water bodies and storm drainage systems.
(31 Reaulrap surface and stormwater management practices Mat comply with requirements of
are aesthetically desirable. n}„'
ormwater runoff from developed land
ery enOcu me Puu,c I1va,,:,, ✓A,Uy, -• a __�___.
mpervous surfaces / runoff. Impervious surfaces increase the quantify and vebcly of surface
which reduces percolation of water through aril and increases erosion and flootling.
Collection and conveyance of stormwater. Improper Mmmwater collection and conveyance
aN elects orooertv and increases the incidence and severity of flooding, which can endanger
sedimentation In stormwater management systems, which
decreases the system's capacity
(Ain Future problems. Maim future problems can be avoided If and Is developed in accordance with
Ord. No. 4100, §2 (Ex. A), 6-16-98)
I rv.vc nUVPuul I v, ✓,au,aso v,....+......._..
The City Council hereby adopts by reference the Drainage CAleria Manual, prepared for the City at
Fayetteville, and adopted by Ordinance No.3695 01 the City of Fayetteville, and as may be amend-
ed 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 in this chapter.
(Code 1991, §163.03; Ord. No. 3895. §1,6-20-95: Ord. Na 4100, §2 (Ex. A), 61698)
170.03 Permits Required '
(A) Applicability. This chapter shag apply to all land within the corporate limits of pre City of
Fayetteville. No person may subdivide and develop, change to a more intensive land use, construct
or reconnect a structure, or change the size of a structure, or conduct grading, clewing, or filing
activiermit
thereties without first inafter referred to assay drainageng a e permit') from sthe �dym, except as , drainage and
specified in §11770.03(ntrol C) and
ml application. Any ed conclon bra drainage permit shat be submitted according to §170.05
and shat be § 169.ed. The drainagwith to application bra grading permit, If such gadmg
Is required by § .The drainage permit applications shall include at the time of submLs-
s calculations required by.....5(B)(7).The application also shall state whether or not deten-
. . . ... ..... .... .... ....... .......e..inn ,,Nylnn row nerrormanm crherla eel
1 not requiring detenrtion. Any project that requires a drainage permit that does rim require
may receive, with the approval of the City Engineer, a grading permit prior to Issuance of
ge permit. Any grading permit Issued prior to the Issuance of a required drainage permit
or
(1) Insufficient incomplete calculations. is de einabyl theCCi If tae dreille f Ordinance.
Eduning the requbed ntorMoomet determined Shanw by the dy resubmitted
ea Code hofp Ordinances
four
e be rec&ptto a incomplete. it Shur be revised and elpAmwed by the a of kim within
(4) weeks of racelpt of applicant within bur (4) weeks of receipt of written notice of msulfcfery
Cy 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 he written notice of insufficiency or incompleteness. However, the CityEngineer may
delay issuance of the slop work order ifthe City Engineer determines that the applicant has demon-
strated prior tome deadline that circumstances not reasonably foreseeable and beyond the appli-
cants reasonable control prevented his (hoary resubmasbn of a sufficient and complete revised
it incomplete ,.rr.n_...
or revised application. A Map work order for all grading an the project
by the City Engineer l the revised application is determined by the City Engineer to
m or incomplete.
on and revegetatlon after stop work order. If a Mop work order is issued pursuant to
the applicant shall stabilize and revegeate all graded and otherwise disturbed areas
169.06(F)(4) and §169.04(0).
on of stop work order. Any sap work order Issued pursuant to §170.03 (C) (2) or
shall expire upon the Issuance of a drainage permit and compliance with any con -
d In the drainage permit.
where no drainage permit is required. Drainage permits are not required for the lot -
(1) Single-family/duplex. One Wngle-family residence or duplex.
(2) Commerdaendustal. 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 subefvislon drainage permit.
(3) Existing commerdaVmtlustrlal. Existing commercial and Industrial structure where additional
structural improvements am less than 2,000 squaream. '
(4) Maintenance. Maintenance or clearing activity that does net change or affect the quality, rate,
volume, or location of stormwater flows on the site, or runoff from the she.
(5) Agriculture. Bona tide 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 candlt ions, either to prevent imminent ham or
danger to persons, or to protect property from bnminent danger of fire, violent storms, or other haz-
ards.
(E) Compliance with chapter provisions. Although a specific permit Is not required for these portico -
1w drwmsarces, this exception does not exempt the ower/devetoperfiulder from complying with
the pollution prevention and erosion and sediment control provisions of this chapter.
(F) Status of previous approvals. Projects with unexpired permits approved and all prellminary'plate
approved by the City Engineer prior to June 20, 1995, Shan meet only the requirements In effect
when the permit was approved.
(Code 1991, §163.04; Ord. No. 3895, §1, 6.2685; Ord. No. 4100, §2 (Ex. A), 61698; Ord. No. 4314,
5-15-01)
170.04 Permit Conditions -
Each permit issued shall be subject to the following condition.
(A) Area. The development, Including associated construction, shall be conducted only within the
area specified in the approved permit
(B) Execution. Activtles requiring a stormwater management, drainage, and erosion control permit
Shwa not commerce until the construction permit Is approved.The approved construction permit shall
be an fits with the city and a copy on Ills with Me contractor for review and inspection upon request.
(C)
Mae lions. A ns. bsched as conditions lle ol Inppeioto the permit. carded
out during the constructioneconstructionphase of pema-ing((D)Duration.
(1) Unless revoked or otherwise modified, the duration of a construction permit issued pursuant
to this chapter shall be one year.
(2) It the permitted project discharge structure Is not completed prior to expiration, the construc-
tion oema duration can be extended to cover the project duration, subject to approval of Me City
Maintenance activities, as specified in Me approved maintenance plan, shall be
wthorlzed ay the permit Is not completed according to the approved
the City Engineer shall be notified. For revisions resulting in a ached -
Or I deviations from Me permit conditions are expected to awr,
of a permit modification Is required by me eery engmoer.
ter. No transfer, assignment, or sale of the rights granted by virtue of an approved permit
was without prior written approval from the City Engineer.
al. Any additional special conditions, as deemed appropriate by the City Engineer, shag be
ed to address specific project needs or circumstances.
91. §163.05; Ord. 3895. §1,6-20-95: Ord. No. 4100, §2 (Ex. A), 6.1698)
]' A Worm water management, drainage. and erosion control permit application shag We submitted to
4
sufficient information and plans to allow the City Engineer to determine wnemer ins protect compiles
tion shall
i edlore permit ca
with the
follow
this chapter. The specific described in
be submitted pe up
be ire form and below t. f rasm d on and l the Drainage CriteriatManual, Section e
Drainage Report Checklist. Submittal inbrma6on and plans shall include, but not be limited to the
following:
(A) Applicant Identification. Applicant information, including the name, address, and telephone num-
ber of the owner and developer, and proof of ownership of the property to be permitted. In addition,
the legal description of the property shall be provided, and as location with reference to such land-
marks as major water bodies.
(B) Plan. Stomlwater management, drainage and erosion central plan, shall include, but not be lim-
h rd to the following:
(1) Aerial photograph. Aerial photograph, l avalade, of the project vicinity, covering the project
area and the total lands that contribute runoff.
(2) Topographic map. Topographic map of the project area showing the location and elevation of
benchmarks, Including at least one benchmark breath control structure.
(3) Land use map. Land use map showing both current and proposed conditions for the drainage
area that contributes runoff.
(4) Soils and vegetation map. Soils and vegetation map displaying the most recent U.S. Soli
Conservation Service Information and encompassing both the project area and the drainage area
that contributes runoff.
(5) Grading, drainage, paving, building drawings. Proposed grading, drainage, paving, and build-
ing drawing(s) showing details of proposed grading, drainage, paving, and buildings.
(6) Erosion and sediment drawings. 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.
(1) Technical report. Technical report, prepared by a registered professional engineer, describing
the assumptions, tabulations, and procedures used for determining compliance with the
performance crlteda established by this chapter.
(8) Maintenance report. Maintenance report (text and drawings), prepared by a registered profes-
sional engineer. describing the activities and schedule required to operate and maintain the permit-
ted facilities until accepted by Me city.
(Code 1991, §163.06; Ord. No. 3895, §1, 6-20-95: Ord. N0A1%, §2 (Ex. A), 61698)
170.06 Submission, Review, and Approval of Plans
(A) General. The stormwater management, drainage, all erosion control plans shall be prepared by
the engineer of record, who Is a licensed professional engineer of the State of Arkansas.
(8) Pre -preliminary drainage plan and review. A pre -preliminary stormwater management, drainage,
and erosion control plan review with the engineering staff is suggested before planing. replets, lot
splits, building permits, and/or development Improvements begin for the purpose of overall general
drainage concept review.
(C) Preliminary stormwater and drainage plan. Preliminary''ormwater management, drainage, and
erosion control plans and accompanying Information as described In the Drainage Criteria Manual
shag be submitted at the time of the preliminary plat, mplat, lot split, building permit and/or develop-
ment Impovemets are submitted. If needed, a review meeting will be scheduled by the City
Engineer with representative of the developer, including the engineer, to review the overall concepts
included in the preliminary stormwater management, drainage, and erosion control plan. The pur-
pose 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 pion. Following the preliminary
stormwater management, drainage, and erosion control plan review, Me final stormwater manage-
ment 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
as information as required in the Drainage Criteria MMual.This plan shall be submitted at the time con-
struction 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. II it is determined according to present engineering practice that the proposed develop -
merit will provide control of stornnater runoff In accordance with the purposes, design criteria , and
performance standards of these regulations and will not be detrimental to Me public health, safety,
and general welfare, the City Engineer shall approve the plan or conditionally approve the plan, set-
ting brat the conditions thereof.
(F) Off -site Improvements. If It is determined that ofisite drainage improvements are required, and
that such specific of -site drainage Improvements are consistent with me ciys current and estab-
lished priritie, then cost sharing will be In accordance with 'Required Off -sale Improvements' lithe
city Is unable, or unwilling, to contribute Its share of the of -site costs, the developer shag have the
option of:
(1) Developers expense. Building the off -site Improvements at heater own expense;
(2) Detention. Providing detention so as.to match downstream capacities; or
(3) (Code 11991, §163.07; Orject. d
. No. 3895, §g the �1, 620-95; Ord. No. 4100, §2 (Ex. A) until the city is able, or willing. to share616-98) off -site casts.
170.07 Performance Criteria
(A) Storm water management, drainage, and erosion control plan. Sromwatmr management,
drainage, and erosion tonal pans shall be prepared in accordance with performance standards
that have been structured to achieve the purposes and objectives of this chapter as well as to ensure
mat the quality and quantity of runoff after development is not substantially altered from predevelop-
Aom nst Ma, atedas provided m in y this chapter, a development oc mrst be
led, d a , operated, and.maintained comply with the agemen performance criteria:
Flood Damage Prevention Code. Provisions for floodplain Damamanagement criteria hall be con -
with those contained in Chapter 168, the Flood Damage Prevention Code.
Peak discharge. The post -development peak note of surface discharge must not exceed the
hour storm, unless other discharge Ilrelis am cleemee apPllwme nn a byvw,... O' .= ..r ...:,`-..r
Engineer.
(3) Erosion and charnel stability. All stormwater management systems sham be evaluated based
on their ability to prevent erosion and sedimentation d the receiving waters and adverse impacts an
the site's natural systems. The design engineer anall 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 l0Measwdm9 channel nles staancity,or
erosion downstream when co adored in aggregate developed props
dream drainage capacities.
(4) Drainage Into wetlands. Areas defined as Y.etiends' by the appropriate federal agencies shall
be protected from adverse changes in runoff quantity and quality from associated and development.
Drainage Criteria Manual.Tha technical procedures and design standards contained in Me Drainage
Criteria Manual, prepared for the City of Fayettevile, and adopted by this chapter and as may be
amended from time to time, shag be used for guidance to determine complance, with the perform
-
I UI11a11a aamNs,oV Vr ..., 95, §1
a1991, §163.08; Oa. NO. 3895, §1, 62095; Ord. No. 4100, §2 (Ex. A). 616`98)
I Iu.Ve mam[emanLa nwyu,u,wny
(A) Dedication. Those stonnwater management systems approved in compliance with this chapter
that will function as an integral pan of the system maintained by the city shall be dedicated to the
city. All areas and/or structures to be dedicated to the city mull be dedicated by plat or separate
mshument and accepted by formal letter from the City Engineer.
(B) Approved entities. All stormwater management systems accepted as dedications by Me city shall
be maintained by the city. All systems not dedicated to the city shall have adequate easements to
permit Me city to Inspect and, If necessary to Mks corrective action should the responsible entity ail
to property maintain the system. Maintenance of all other stormwater management systems
approved in compliance with this chapter Shan be accomplished by the legal entity responsible for
maintenance, which may include en approved entity as identified in the following:
(1) Local government. A county, municipality municipal service taxing unit, special ddrict, 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 entity. An officially franchised, liicensed, or approved communication, water, sewer, elec-
trical, 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 sys-
tems and who executes a legal maintenance agreement with the city: Or,
(6) Property Owner association. Property owner associations able to comply with thefdlowing pro-
visions:
(a) The association provides a binding legal instrument through which it assumes full respon-
sbllity for storrmwater management system operation and maintenance.
(b) The association has sufficient powers tooperate
and maintain a athe system, ed is t alternativehrules,
assess members, contract for seMces, exist perpetually a
operation and maintenance services. M rate
(c) The association can provide a band or other assurances of financial capability to operate
and maintain.
(C) Inspections. As As part of the construction permit approval process, a construction Inspection
schedule shag 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 Mat does not comply with the permit con-
ditions shall be specified in writing by the City Engineer and prompts corrected by the to Memesbhe
entity. For approved entities maintaining stormwater management systems not dedicated to ciy,
periodic inspections by the city 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.
(Code 1991. §163.09; Ord. No. 3895, §1. 62095; Ord, No. 4100, §2 (Ex. A), 61698)
Cross refererce(s)—Enlacement. Ch., 153; Appeals, Ch. 155, Variances. Ch, 156; Bonds and
Guarantees, Ch. 158; Fes, Ch. 159.
170.09 ProcesdngProcedure for processing of permit applications shall be as follows:
(A) Application. Stormwatr management, drainage, and erosion control permit applications shall be
submitted to the city for review, processing, and approval. Applicants may schedule a pre -application
conference with Me city to discuss a proposed project before submitting the application.
(6) Fee. A nonrefundable permit application fee shall be paid when the application is submitted to
help cover the cost of the plan review, administration and management of the permitting process and
Inspection of project Implementation and operation.
(C) Issuance. If the City Engineer determines that the permit application submittal is in compliance
with an provisions of this chapter, a permit maybe Issued. I the City Engineer determines that the
permit submittal does not conform with all provisions of this chapter, permit issuance shall be denied
are a written statement as to the reasons for the denial shall be provided to the applicant.
(Coda 1991, §163.10; Ord. No.3895, §1, 62695; Ore. No. 4100, §2 (Ex. A), 6-1 6-98)
170.10 Stormwater Pollution Prevention r
(A) Prohibitions
(1) Illicit discharges are prohIbited. An illicit discharge is a stormdrain that has measurable now
containing pollutants end/or pathogens. No person stall discharge anything but uncontaminated
1 Wormwater, into the storm drainage system. CacrM stormwaler contaminants include fresh, yard
'It
I
sediment,
are a dra
in or noe which allows
r rohbiled. Illicit connectionscoovwys
milt coenectlons e an)' (2) P
di te ct, a rdle stheof hdrainage Me on system. The ermis iia lnclede Ills of collections
miscible at the time ot connection.
made inthep sororm whether on eying ne was per,
(3) e No person shall connect a line conveying sanitary sewage, domestic sewage or Mtllatra�
waste, to the storm drainage system, or allow such a gMedlon to continue. '.
(B) Exemptions. The following non-stormwater discharges are acceptable and note violation of this
chapter: -
(1) A discharge authorized by an NPDES permit other Man the NPDES permit for discharges from
the MS4;
(2) Uncontaminated waterline flushing and other infrequent discharges from potable water
sources;
(3) Infrequent uncontaminated discharge from landscape Irrigation or lawn watering: r ff
(4) Discharge from the occeslonal non-commercial washing of vehicles within zoned residential
areas;
(5) Uncontaminated discharge from foundation, footing or crawl space drains, sump pumps and',
air conditioning condensation drains;
(6) Uncontaminated groan ater`o^'
(7) Diverted stream lows and natural riparian habitat or wetland flows;
(6) A discharge or flow of fire protection water that does not contain oil or hazardous substances
or materials. '
(9) Any other non-stormwater discharge determined by the City Engineer to meet the standards
and objectives of this chapter.
(C) Requirements Applicable to Certain Dischargers (1) Private Drainage System Maintenance.The owner of any private drainage system Shan main -
thin the system to prevent or reduce the discharged pollutants. This maintenance shall include, bpi'
Is not limited to, sediment removal, bank erosion repairs, maintenance of 'vegetative cover, and.
removal of debris from pipes and structures. �..p
(2) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainag+
system Is prohibited. Irrigation systems shalt be managed to reduce the discharge of water iront4-
site. 3fV
(3) Cleaning of Paved Surfaces Required.The owner of any paved parking lot, street or drive shall I
dean Me pavement as required to prevent the buildup and discharge of polutens.The visible buildup -
of mechanical fluid, waste materials, sediment or debris Is a vlolaion of this chapter. Paved surterr Or
shall be cleaned by dry sweeping, wet vacuum sweeping, collection end treatment of wash water a 1
other methods In compliance with this Code. Material shall not be swept or washed into the sbr*i
drainage system. This section does not apply to pollutants discharged from construction acivees.
(4) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor:
uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, madlneiy'
and equipment must be maintained to reduce leaking fluids. i
(5) Materiels Storage. In addition to other requirements of this Code, materials shall be stored to
prevent the potential released pollutants. The uncovered, outdoor storage of unsealed containers
of hazardous substances Is prohibited,
(6) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied JO'
accordance with manufacturer recommendations and applicable laws. Excessive application shall bb'
avoided. . --
(7) Open Drainage Channel Maintenance. Every person awning or occupying property through
which an open drainage channel passes shall prevent trash, debris, excessive vegetation, and dti4
obstacles from their property from entering the drainage channel. .
(0) Release Reporting and Cleanup. Any person responsible fora release of materials which areot)
may result In illicit discharges to the norm drainage system shall rake all necessary saps to ensurd
the discovery, containment, abatement and cleanup of such release. In the event of such a releas
of a hazardous material, said person shall comply with all state, federal,'and local laws requirt
reporting, cleanup, containment, and any other appropriate remedial action in response to
release
(E) Mthorization to Adopt and Impose Best Management Practices. The City may adopt and Impose
a Best Management Practices Manual and requirements identifying Best Management Practices fo
any activity, operation, or facility, which may cause a discharge of pollutants to the Worm dralnagj
system. 2,
Where specific BMVs are required, every person undertaking such actMly or operation, or ownini
or operating such facility shall implement end maintain these BMP's at their own expense.
170.11. Stormwater Discharges from Construction Activities '
(A) General Requirements for Construction Sites. .
(1) Connruchan Site. A construction site is a site with activity that would result the creation
mh a new stowmer management system, including the builddining, , assembling, h expansion, moddka'
or alteration of the existing contours of the property; the erection of buildings or other structures, any
pan thereof; or land Serving.
(2) Owner Responsibility. The Owner of a site of construction actMty shall be responsible for
pliance with me requirements of this chapter.
(3) Erosion And Sediment Control. Best Management Practices shall be implemented to prever
the release of airborne dust and waterborne sediment from construction Ales. Disturbed areas an
be minimized, disturbed soil shall be managed and construction site entrances shall be managed 1
prevent sediment tracking. Streets and storm idea mull be kept clean at all times and free of loS
rock, mud, debris end trash. Specific inlet protection measures may be necessary, as long as the
do not interfere with vehicular traffic. Mud on streets must be physically removed and not wash
Into Inlets.
(a) 182 Family Residential and Sites under One Acre. All residential lots must maintain prol
ery Installed erosion and sediment control measures (sll fences, hay bales, erosion control blanket
ea.) from the beginning of construction until slope stabilization ardor vegetation is established
order to prevent sift and sediment Irom going off site or Into the street. Erosion control measures m,
he temooarW moved all of the way for excavation and other grading 8cdvhIes, but must be replac
maintained per a sate approved storm water rvrr'n j r rreva,,,w„ r,o,. a.,,...a ...,...,.a.....
g ruct(on and until slope mobilization and/or vegetation Is established. For sees between I
acres, the SWPPP must be onsite at all limes. For saes over 5 some the NOI and the SWPPI
be onsie at all times.
(4) Construction Entrances. If driveways and approaches are not poured within 3 woan
of pouring the foundation, then a stabilized rock entrance is required. Rock entry must be [
20'vhde by 20' long (I & 2 family residential or 50' long (all other construction saes) by 6• the
bllized rock having a minimum average diameter of 3'. If Mere is an existing curb, loose n
such as fill din or gravel shall not be used to ramp up to it from the street. Temporary wooden
In front of curbs are acceptable.
(5) Concrete Truth Wash Areas. No washing of concrete trucks or chutes M allowed ex
specific concrete wash pits located onsite. Proper runoff and erosion controls must be in F
retain all concrete wash water.
(6) Dewatering. All rainwater pumped out of sumps and depressions an constructed saes
be dear and free of sediment, and must discharge to a sedimentation pond or seeing rank
a manner as to not cause additional erosion problems.
(7) Stooge of Materials. Public streets and sidewalks shall not be used for temporary M<
any containers or coratrucila materials, especially boss gravel and topsoil. In addition too
storage being a violation of this chapter, all liability for any accidents and/or damages due
storage will be the responsibility ot the owner of he More
materials.
(8) Dirt and Topsdl Storage. All uncovered soil or dirt storage pits skald be located me
25 face from a roadway or drainage channel. If these piles remain for 15 or more days, than 9
aces mull bestabilized. tithe plies will be In place for less than 15 days. Men their perimete
be surrounded by appropriately installed erosion control devices such as silt fences or strav
Dirt or sell storage piles located less Man 25 feet from the road end In place for 15 or me
must be covered with tarps or other control. If Me pies will be in place for loss than 15 de
their perimeters must be surrounded by sit fence or straw bales. Storm drain inlets must be
ed from potential erosion from near -street storage piles by silt wince o other appropriate bra
(9) Franchise and Private Utilities, The property owner or main contractor asae will be
side for restoring all erosion and sediment control systems and pudic Infrastructure damage
Curbed by underground private of franchise a Erosion and milhy
control systems
construction
such
as water
must bsewwer
leads, telephone, gas, cable, etc.
e ImIT
Nemored after each utility construction.
(10)th Poop properly
owner and tiOn s pliance. Upon ubse9 subsequent property owners win be responsibletion of permitted le for corion N u M
site, the pthe ey reconstruction or
arnce with the requirements of this chapter in the course of maintenance,
construction activity on the site.
(B) Wto will Nost Sites Requiring an Approved SWP3. For all construction saes where he
on a site disturb soil or remove vegetation on one (1) or more acres of land during the
construction project, a Stormwater Pollution Prevention Plan (SWP3) for the project must
merited by Me construction site owner as folthe resros:
(1) The owner/devebper/builder bearsponsibliy for implementation of the SW
fication of all contractors and utility agencies on Me site.
(C) Sarmwater Pollution Prevention Plans. Preparation and implementation of Stormwat
Prevention Plans for construction activity shall comply with the following:
(1) Implementation -
(a) Installation god Maintenance. BMP's shall be installed and to mad by qu
sons. The oquest avelope theder or their readdshhathve shall be able to provide
upc
Engineers request a copy of the SWP3 on site and shall be prepared to respond to unfore
tnance of specific OMP's.
(b) Inspection. The owner/devetopenbullder or their representative shall Inspect
least once every 14 days and wthin 24 hours after a raimall of one half of aolnch or me
ured at the site or generally reported in the Fayetteville area.
(z) Cay"cerion n Based on , modificationssptoins SWP3 will) beons perlormed bnecessaathe ry irattova sloperlbt
ny time
authorized of personnel,
ized BMP'sdonot meet sin []fromvwitoluthchapt City
personnel theeterminethe approvm
tan Allmodifrepresentative shall meet with authorized personnel (7) is othrmine en edpmpn
lions.ullstann shaltbecompleted
newwithin esevendays of the oerdnaM
In circumstances necessitating more Cunety attention, and shell be recorded on Me
ow
the SWP3. -
(D) Requirements for Utility Construction
(1) Utility agencies shall be responsible for rice with the requirements this ci
(2) Utility agencies shall develop add implement Best Management Practices (BM
the discharge of pollutants on any site of utility construction within the Cis. In addiidn,
adopt and Impose BMP's on utility construction activity
(3) Utility agencies shall Implement BMP's to prevent the release of sediment from ut
ton altos. Disturbed areas shag be minimized, disturbed soil shall be managed and
entrances shall be managed to proven seo'mlan Vackinq. Excessive sediment tracks
sheets shag be removed Immediately.
(4) Prior to entering a construction site or subdivision development, utility agenci
obtained from the Omer a copy of any SWP3's for the project. Any disturbance to B
iron utility condmcicl shall be repaired immediately by the utility corihpany in compff
SWP3.
.170.12470.99 Reserved -
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