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HomeMy WebLinkAboutOrdinance 5390 ORDINANCE NO. 5390 AN ORDINANCE AMENDING DNA, XV: ONIHED DEVELOPMENT' CODE OF HIT CITY OF 1=AYM ILVILLE, TO AMEND CHAPTER 155_ APPEALS, CHAPTER 156: VARIANCES, AND CHAPTER 168. FLOOD DAMAGE PREVBN'I'ION CODE IN ORDER TO ESTABLISH STREAMSIDE PROfLCIION ZONES AND ADOPT A PROTECTED STRFAMS MAP AND BEST MANAGEMENT PRACTICES MANUAL WHEREAS, a rlpzdan buffer "If reduce nutrients and sediment loads in waterways, prevent erosion mrd Inoreaee flooding capacity; and WHEREAS, sediment is listed as the most common pollutant in rives and streams by the Environmental Protection Age cs: WHEREAS, a riparian bailer is one of the most cost-effective measures for reducing pollutants in wamnvaya; and WHEREAS, the establisWnent of a riparian bnffe was one of the recommendations provided by Geotyntec Consultants as part of the City's Agreement with Eeav i Water Distnet to reduce nonpoint so e, loadings of total phosphorite in Beaver lake, the son,oe of Fayettevlle's drinking water; and WHEREAS, the City Parthenon with the Washiogbn County Coop¢elive Extension Seremes Of6w w develop riparian buffers in the Cidu Creek Watershed; and WHEREAS, the City Council unanimously adopted the Fayetteville Junction Master Plan in 2009, which recommended that the City develop a riparian buffer oration" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, AR"NSA9. Section 1. 'that the City Council of the City of Fayetteville, Arkansas hereby adds §155 06(A)(2)(d) by manning use following subsection: "(d) Slrrvmside Protection Zones. An interpretation or decision of the City Engineer concerning the regulated n structures and activities, streamside boundary location or land use exemptions." Page 2 Ordinance No. 5390 Section 2. 'that the City Council of the City of Fayetteville, Arkansas hereby adds §156.03(()(9) by insaiing the following subsections: (9) Sfremnside Protection Zones (a) Undue huraidge. If the provisions of the Strevoside Protection Ordinance ate shown by the ow or developer to ca undue hardship as strictly applied to thera s or developer's property because of its unique characteristics, (IkePlanningCommission may grant ara permanent or temporary basis from such prevision�mmat substantial justice may be done and the public interest protected, praaded that the variance will not have the effect of nullifying the intent and purpose of the Streamside Protection regulations. (b) Considuation of abernabre measures. The applicant for the variance shall establish that an nable r ping by the City Council o variance request team theBoard of Adjustment will not sufficiently alleviate the claimed undue hardship caused by the Streamside Protection regulations. (c) Conditions and safeguards. In granting any variance, the Planning Commission nifty prescribe appropriate conditions and safeguards to substavaried and t sciage the r) denim and purpose t for @c regulations s . cried and to mitigate any shoulde on ider is the variance may cause The Planting Commission should consider the d any Protection Best Management from Practices Manual and any mitigation recommendations from the City Engineer." Section 3. 'Them the City Council of the City of I ayctmvills, Arkansas hereby amends §1 68,01(A) by inserting the following subsections and fennmhedng subsections 4-10. "(4) Protect, restore and maintain the chemical, physical, and biological intent its of the water resources; (5) Reduce pollutants in surface waters by filtering, settling and bombarding pollutants in runoff, (6) Stabilize the banks of streams to reduce erosion and the downstream transport of sediment and nutrients, (7) Maintain tree canopy to shade streams, reduce watec temperatures, promote desirable aquatic organisms resulting in ""logical integrity with improved fishing, greater scenic rupee and recreational opportunity;" Page 3 Ordinance No. 5390 Station 4. That the City Council of the City of Fayetteville, Arkansas hereby amends §168.02 by adding the following definitions: 'Dayhghfing' is to remove a stream, creek or natural drainage way or other waterway from an underground pipe and restore Me waterway to open air. Stremnside Protection Zones" are areas of treys, usually accompanied by shrubs and other vegetation along a stream, river r shoreline that is managed to maintain the integrity of the waterway and to reduce pollution. "Protected Streams Map" is the official map adopted by Me Fayetteville City Council malls ating Me point where at least 100 acres drains Into a waterway and the requirements of the Stroamside Protection Zane apply downstream. "Toy of bmuC' is the point along a streamban k whom an abrupt change in slope is evident, and where the Arcam is generally able to overflow the banks and cuter the adjacent floodplvn during flows at or ereeedmg the average annual high water stage. Section 5. That the City Council of the City of Fayetteville, Arkanses hereby adds §168.12 Streams ole Protection Zones, a wpy of which is marked "Exhibit A" is attached hereto and made a pmt hereof and remombus "ItoreemenP' to 168.13. Section 6. That the City Conceit of fee City of Fayetteville, Arkmmas hereby wholes Ave Potential Streams mug a copy of which is marked "Exhibit B" is attached hereto and made a part hereof. Section 7. That the City Council of the Qty of Fayetteville, Arkmmas hereby adops Me Bert Manngament Practices Mutual, a copy of which is marked "Exhibit C" is attached hereto and made a part hereof PASSED and APPROVED this l° day of Manch,2011. APPROVED: ATTEST: R . By: [ LD AN,Mayor SONDRA E. SMITD, any Uerk „ EflYJIe °�,,, 1�.G\Sir OF'..Ll3 A ;FAYETIEVIIIE] i 9RKANsle, "EXHIBIT A" 166.12 Streemsitle Protection Zones Emergency Mengel Agency (FEMA) (A) Streams/be Bast Menageentri PraIXlwa (0) Streemalda Pmrodlon FaquiremenL. The BecomiManuel. The ManCity (Management Platted,evres Btreamslbe Protection Zones shell be Manual which ch Management Praglces a,tablhi ed 88 follows Manuel whish may be r, hall be used ld independaped by the City Engineer,explain be usetl (1) Zone t Wetemade Zane. The support of this chapter to ex prem SpeGOc Waterside Zone shall extend a minimum obiadHes entl pnndpleu of 25 kei landward from the lop of bank (8) Ancesca0lllly This ordinance shall apply to in each direIXlen, measured hodund lly al lana within the Slreemslae Protection on a line perpendicular to the lop or Ways, except for as provided belowbank andlnGudes the x,mace water. (1) Undeveloped rod, created by a let split, (a) Steep slope, Slope shall be wimpurrept or final plat application, ra W ated at the upstream and which was submitted or approved prior downaMam property Mas for every to the opposed date of this prepare, property. Prone tieswith more than are exempt from the requirements of 100 reel of stream frontage shall this section for the invoice time require atltltllenal elope calculations penotlm at 100 his Increments, beginning at the upstream property line and (a) 26 months ham the effective date of ending at the downstream propene this ordinance for Iota one half M) In, When slope calculations are equal to or greater than f5°%, he acre or ass, wltlth of the Waterside Zen, shall (b) 18 manihs from the margins date of be extended by an additional 20 this ominance for look greater than feet at that paint The boundary to half(112) acre but less than t Plan determined at each designated slope measurement acre or point ,ball be connected by a c) 12 months from the effective date of continuous line Imm the this midis a far lots on, (1) acre barrel of the Waterside Zone broader sturlbobins, available in the Management machines es Manual)machines (2) A preliminary plat which was submitted (2) Zone 2 Management Zone. The Oor approved prior tothe effective date of Management Zone ehall one el the ne orimaee ,han be exempt from me a cr me shall be zona and requirements seri onh're healon, gravel Beaed landward 25 fast as measured resume peheda died hardlyshalla horizontally on a line perpendicularm roma from me dale or noel plat ap prwal Zo rte T The combined wlatb of Zones (8) A use worker debate permuted by an and 2 shall be no lash than 50 feet from unexpired building perm It ,been was the rep of bank on all aides of the approved prior to the arrested date of distance water. this commands is exempt nam this (a) Flootlway, Where me ilooSrvey ordinance tens beyond the edge of the (C) Bodstaint of Oeescrated Sw(aw Management Zone bountlary, said Waters. The Streamslde Protection Zones boundary shall be adjusted so that shall apply to all prepare waters meeting any fits ssme consists of me etlent of one of the renewing criteria- the doorway as designated by the sort recently adopted FEMA Flood (1) All surface waters identified onthe Insurance Rate Map FIRM). adopted Protected Streams map (3) piped spronrs When reviewing any Incruding any pend lake of reservoirs r development, tlrn building penult located within me natural drainage wry pmen , gm g or Of said sudace water, or appLond on, the City Engineer may overrun, that mureal streardide (2) Any surface water where afloodwey has protection regulations shall not be been established by the Federal small to that portion of a stream that has been piped or enclosed "EXHIBIT A" within aa&et or similar Audi prior b (v) Dam maintenance in,abandon of this ordinance (<) Oarche"Ifir Streams enclosed prior to dull Paved trails 11 ther the effective date of this ordinance and Impervious surfaces not subsequently prefgMed shall only exceeding 12 feel in width require a Sfoa setback measured from aided the City Engine , the established top of bank Dethroned determines that there Is no streams shall be maintain ea In a natural capped end feasible state by the prepare ownerwho shall altermwesuch area may not so be responsible for moniloMg and be used to park vehicles. donating trash, drier and pollutant. (vii StreamIDneossings, including IF) RegulaRtl a prosecutes Card address driveways roadways, trails, o vmne shsPoi Pma. railroads when the adoes?m Engineer described them ta (1) 1he following are permitted within theCarlantl feasible designated streamldzone rae, subject to dep aalme,. the requirements of this the Flood Damage Prevention Codeand all Mlb Melntenance and forma s of applicable meulremable, of the (Sty of existing utility facilities Fayellevillawhere a use is at noted, but is similar to a polos Med use and is In (k) New utility facilities when the keeping With rho purpose Of the Gly Engineer determines there Stmemslde protection Zones, the Cltyis o heater and feasible Engineer may depending the use to be alternative else ad All other ,as mall be prohibited th) Management of lawns and gardens (a) Zane L Waterside Zone. The following may be permitted In the he Removal of dead vegetation, Waterside Zoneprovided the pinning for reasons of public anlsfae standards of the StreBest safety. removal m Msnagement Practices Manual species shall be followed where applicable and that these aantl any (di) Appgmlon of any famllliar. endnisachiMpu is designed herbicide prold' ia e. built to minimize the Impact insecticide shag be snowed upon succeeds areas and only if their harmful pre entd an minimize any a or filling easier quality Is prevented by alumonloniy be tire byexpressensuring no overs ppl ce0on or anmcmauoAll n ohne env Engineer. rmpappuemlone�,rs. lirefing Fly ovation or fillingrecovery eMust coveryse fully (kill Maintenance of drainage comply with an n sa ry lout travesty the channel slate and(scleral permls. removal Iwv and sediment tern oval. (q Open specs uses that a (xv)New stormwetor conveyances primarily passive In dtarecte when the City Engineer Includingpreserves, fishing determines that there Is no natand lacks, podded and pro l and feasible ural trans. alternative. (Ig Streambank resonance or (b) Zane 2'. Management ZOne. Mabifaafion. IF New normwatet conveyances (Ili) Water quality monitoring, when the City Engineer education and scientific determines that there is n clothespractical and feasible aitemetme and provided the (iv) Revegetatbn and affect Adjusted of the otherwise "EXHIBIT A" Best Management Pammes, (F) Carding food use recrossed The followlng Manuel shall be followed aboard and structures are allowed to within the Proxmire Protection Q¶ 4B All a within the Succeed Zonear uprovlded that the pmdslons of the Zenaw,in the coal of Flood Comedy Personal Code and all stomiwater conveyances, other applicable regulations shell be provided that Compliance with enforced. the standards of the Strea nada Ba al Management (1) Exlags uses Existing uses shall be PaGlcee Manuelnot permitted to Continue In their present required but encouraged state, but may n be enlaryed, extended, moved within the (NI executable structures without streamelde protection zones. A use or foundation and tie larger than aa.Nty shat be existing It it is present 1EG square feet including and ongbmg within the Staemslaa storage sheds, playground Protection Zona as of deave date equipment, gazebos, did of this ordinance. Uses and activities etcdeaseta be existing under the reposing condom; did Active recreasonal uses. (a) Ager and victory hasbandry (1) Establishment of the Flexible Clahes The activities exaceto be radicaativities after the Changes data of examing when the area on whits this ordinance shall be prohibited In both they were Conducted has been Slreamslde Portable, Zonas, exceptnverted to a gg onrloullual use where necouldry to allow en ecWtiy or has lain lots for more than permitted by Section (CH) eighteen 118) consamutve, months. (a) Grading, dredging, dumping, Quit (b) As oil?,, Sea This ordinance shall or smdar mustruNen activities apply when an existing use is converted to another use. (b) Landfills,Tried gl ymtls. woody (c) Clearing of Don-IDea lva (2) ExlNing hundreds sfrvdurea. vegetation. (s) Reconshnnymn drop shares foofpdnL Existing PIju l (d) Storage of hazardous materials or structures as of the effective date of chemicals unless within weteryroef this ordinance may be redeveloped comamea and rsthine ewctureconstructed within the same radiymt (e) Parking lot, (b) Minor aPervi Manor alterations (R Buildings and accessary structures oratltlhlons to an existing structure, with a building footprint layer than such rueatoning or deck, shall 150 square feet also be permitted provided the modigcatbns do not extend more (til Parkingo r storage of motor thantan (1o) feet former toward the vehicles. surface water than the original foundation of the principal sWdurs (n) Septic systema anchor lateral lineaand aoextend mm the wafersda zone. gl In ground soak. let Sero to Percent nooiong If a E Anhnal feedlots or kennelpdndpal structure has suffered flooding from a stream the owner do Housing gracingTheruct, may conste berm to ornectthe maintenance of lmasfeckr prindpal structure If approved by me eM Engineer as to the berme (p Land apptiC000n oroont rol locations land conduction. Reveg,tatlon of disturbed area and berm shall be In accoNal "EXHIBIT A" with the pest Management Protection Zones except at permitted Practlws Manual crossings. Storage of construction vehicles, materials, tlebns, spoils o pq Enfingra as Action taken under equipment is coupled in the emergency conditharm or onsdanger either to to prevent Shampoocommending Protection Zcne% Before nett harmer tlaytg frto persons, e plant any Conall Glencarry uingn to npmtect property torm Imminent the applicant shell install silt Arguing he hazard of fire violent storms, or other theMa site at the cuter origin c! the ItareNs. City Engineer Zone ores Enginected r the City Etglneea The dive Engineer may (G) Oewlopmont AppllceNon Pmcetlwec upon outer prole chs meaeums based of the upon the Inthe prearedtahnieaucme (1) All parsons required Ch submtl a site and the the required ed homes thetruction Cittya pursuant to Chapter 166 of methctlio It the requded bareors tits City United th Development Codetype es are the Btreameily Protection seep gree show n top of b and Zone of during a not adequately maintained Vaa water one top and k, Zone L shall Concluding the ea Engineer Management Zone eine zone d ensu prescribes remedial work ordeuresr and slope hent Zcne boofIhe Property entl may lance a top walk oem In slang, wren lope potion et the nthe accordance vaN e10 completed NI remedial being developed falls ,thin the a shallbe of etas vnNln (lie shall also be identified for The same specified d prior of time end shell be abed end be Identtlletl ting bu➢G ng. approval prior to g2nung Orel pial mcvlgq. tlamo101cn and grading permits. scamper c issuing a witlllwta of scampered (z) An anpuwm may request forrebound ceps viisittovie Administrator pencrm a site wnammw on slta king ma depurants to assist making anddetwidnationths the top o!bank location entl gems of Ne Walmrslde Zona and Management Zona. (3) A final determination of any boundary shall be made by the City Engineer or designated representative, wherethere is crooner as to lh location or width. (H) SWemarde unde Oen measures and mnAruWcn (1) Prior to any land clearing or sol disturbing adIvity, the @teems tle Amtedled Zone boundaries shall be Gnarly delineated on som, by the applicant add such Tangshan shell be mainfir throughout construction ceores. (2) A site Inspedion followed by domed, inspections during wnshudlon will be conduced by the Wy Engineer o separated representative to e compliance with the smeamsi9e Ratection Zone ordinance (3) Streamalde protection zone, ab Bll be protected from dominated activity accept where necessary m allow a activity permitted gby Section (EE1). To prevent Impede, condrimm, valued access Is pmhlblted In the Centro lda J +a I ME mauyY- ''G' !I' E? im SIL 11y�ju ■� d � I ,.A 11 Strearnside Protection Best Management Practices Manual � lu The citizens gizide to preserving and t Mme" 3 F _a I Gs f iii•" � z„P' ?� MI � fid, y'' . - I I c am stream INDEX Introduction 3 Ordinance Requirements for Property Maintenance LAWN &GARDEN CARE G PESTICIDE &FERTILIZER APPLICATION 9 REMOVING VEGETATION 10 IN-STREAMMAINTENANCEACTIVITIPS 12 ADDITIONAL RESOURCES 14 Helpful Information for Property Maintenance SOIL EROSION 15 REVEGETATION: W TTO PLANT 16 PETS & PET WASTE 18 Ordinance Requirements for Development and Construction STREAMSIDE PROTECTION MEASURES &CONSTRUCTION 19 STREAM CROSSINGS FOR TRANSPORTATION 20 UTILITIES 22 PAVED TRAILS &IMPERVIOUS SURFACES 25 STORA WATEROUTFALLS 27 MITIGATION PRACTICES FORAPPROVED VARLINCPS 31 LOW IMPACT DEVELOPMENT 31 Introduction 'Ihe City of Fayetteville adopted a Sm amside Protection Ordinance to accomplish several goals: 1) Reduce Pollutants in the Waterways: Pollutants damage fragile ecosystems in our city's waterways and increase die costs of treating drinking water, which has a direct effect on water rates. 2) Preserve Flood Capacity: Healthy sm amsides result in less flooding by providing greater infiltration capacity and slowing down smmhwater that mos into the streams. 3) Protect the Integrity of Natural Resource: Protecting the streamsides ensures greater recreational and nature enjoyment for current residents as well as future generations. 6 Benefits of a sbeanside buffer Staits 'Ihe ordinance establishes smamside protection zones along many Filter sediment and the • outneoll p shade , a of our City's streams and establishes protective requirements within ruNents, pestiptles and those streamside buffers. 'Ihis Best Management Practices (BMP) pathogens bound to the manual provides guidance for complying with the requirements sediment adopted in the Smamside Protection Ordinance. Asmamside Protect groundwater and buffer may also be called a riparian or forested buffy. It is the drinkng water supplies area along a stream that acts as a buffer between the waterway and Irryrove aquatichabitat Irryrove wildlife telest activities that have a negative impact on the aquatic environment. Provide visual Inrerost 'Ihese buffers protect natural habitats, reduce the potential for Protect against Heading flooding and fiber pollutants such as sediment, nutrients, bacteria, Provide shade trash, emerging contaminants and vehide pollutants. Fayetteville is home to countess numbers of streams. 'Ihe adopted ordinance affects streams that have at least 100 acres draining into that stream, which means it's typically a stream that mos year-round. However, this BMP manual can be used to protect smaller streams. Approximately 25 peri of the area aff«ted by the ordinance is public property, often located in dry parks and near mils. 'Ihe rest of the area is owned by private property owners, which means that the entire community has a responsibility, to ensure the protection of Fayatevtle's waterways. City of FaletteviAe: Streamside protection Best practices Streams Identified on the Streanside Protection Map will have at least a 50-Foot buffer applied From the top of bank. Visit wwae accessfawatevdleore or the Development Services office to view the Smain side Protection Map. IF your property contains or borders a buffer zone, the extent of the buffer should be measured from the str arrr's top of bank, as follows: 1) Waterside Zone —25 Feet from top of bank, and an additional 20 fect if the slope exceeds 1595'; and 2) Management Zone —25 Feet From edge of Waterside Zone or to the edge of the FEMA fioodway, whichever is greater. '[9ope shall be calculated at the upstream and do..msrsremh property limes for eerypmlxrty. Pmpe tia that «teed 100 fu t in width shall require additionnl slopecalculstiom at IW foot irwwmems.l Protected Streams -zf Y 19 9 Pb y. f fF web �3 City of rayertehne: sheamside Protecfion ae,r pratKe, 4