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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 Streamside Zones: Cross section WATERSIDE ZWE EXTENDS x FEET FROM TOP OEB+NK(0B) SMEN mEaOPEls ILESX xx. mEBauxwav BOvex Bnocw, omwum EEEr man mErO e. roa aoaEnw.ExcEEoS rss. anWlxGxmmaxE. 4 �pyg3j® ONPGEMENT WATERSIDE i9Y Sex mxE�x xE�x SmFMIBmESNEBJWGiN�WATERSIDE ZWE BOUNDARIES WITH wl.x rsxsrnaEOai as awEGAEwreAmu,im Streamside Zones: Slope Diagram (Aerial View) I I1 �l wxreacEmE rvuxE ®I wE >r ®v .wrmara E Lu� "Top of Bank' is the paint allong a strearnaank whet an abmptchange in slope is evident and where the stream is generally able to werfiow the banks and solar the adjacent Aoodplain during flows at or exceeding the average annual high water stage. City of FarctteAl Streamside Protection Best Ratites Ordinance Requirements for Property Maintenance The goal of buffer management is to develop a self -sustainable, variable�ged stand of mixed tns, shrubs and gmundcova with a Boor of either leaf litter and debris, or mulch. Dense, vigorous vegetation protects the soil from raindrop impact, a major force he dislodging soil partides and moving then down slope. The shielding effect of a plant canopy is augmented by mots that hold the soil, improve its physical condition, and increase the rue of infiltral plants also reduce the moisture content of soil through their uptake of water and transphation, the process by which moisture escapes through their leaves and stems, thus increasing the suits capacity to absorb water Large trees and carefully designed buffers may dramatically increase property value. Once established, vegetated buffers do not require maintenance beyond the routine procedures and periodic inspections. LAWN AND GARDEN CARE Ordinance requirements: • Managing your lawn, and garden, is permitted will the streamside protection some; hervi the best care of buffer area is a lual approach. In the Waterside Zone, the bat managcrnent practices are required; he the Management Zone, the bat managimcmt practices are encouraged. • New, lawns and gardens may only be created within the buffer area if the lawn would not replace woody vegetation. Many properties have existing lawns and gardens that already extended into the buffer prior to the establishment of the sueamdde buffer and are grandfatheted in under dos ordinance. • Some City parks are included he the properties that have existing lawns will the buffer area. Some of those lawns have playgrounds or other recreational uses, which will continue to require that the lawns be mowed more frequently than several times a year for reasons of public safety. Mowing each during the seamn is umallyenagh. Mow lust before annual reeds produce ecetls Is keep the seed from matunng. Soil testing is available bee of charge. correct the Washington County Extension 0i at (ns)aw-nss. Mai niared lawns, while beffer than bare mil, do hot prwitle all of the requend buffer tunctiore and may actually mnribule to honest sound pollNion through the application of janitors and poncitles associated with ma nWining al awn. L City of Fawtf¢vill Shash a protection Best orscfic¢s U Ail, Why are lawns and gardens discouraged in the j streamside protection zone? Manicured lawns do not perform importantbufferfunctions like preventing erosion and slowing water runoff. The not systans of manicured lawns are not deep enough or strong enough m pn;vent strearrr banks from eroding, which can lead to loss ofpmpary. In addition, lawns typically are not tall enough to adequately slow down water as it runs into the truck, preventing filtration and causing water surges during storm events. Additionally, manicured lawns and grass dipongs and leaf dates gardens will often require the application offatilizers, herbicides and pesticides, which int eases the likelihood that these poRramus will enter the water systern. Lawn rare mnsAmes more Icaves and grass clippings naturally contain nutrients such as herbiddes per acre than phosphorus and nitrogen, which means that these pollutants can mat farmers broadcast b enter the waterways when leaves and grass clippings are swept into growarom. the buffer areas. Ieaves and grass can also dog storm sewers and Cares LL ud drainage swales and contribute to localized flooding. Develson"Fyn Memrsl The nutrients that aeate fertile soil for gardening also foster algae growth in waterways. When possible, property owners should locate gardens and compost piles outside of the smarnside protection zones. What do 1 do? Property owners can help protect steams by ernploying the foflowing bat practices: Lawn and Garden Management Practices: Or Limit treatment with herbicides, pesticides or fertilizes. Or Mow on the highest setting on your lawn mower. Or Reduce the flequerrry with which you mow to only several times a year within the buffer area, provided the property does not become unsightly or unsanitary as oudined in Chapter 95 of the Fayemeville City Code. Or Dispose of leaves and grass clippings outside of the City of Favettevifle: Stnamside Protection Best Drmtkes sveamside proration zone. Make sure leaves and grass clippings are not raked to or disposed of in the street or other water flow routes where the nutrients they contain can be washed into streams. Swap clippings and leaves off paved surfaces and onto lawns. When possible, property owners should locate gardens and compost piles outside of the sveamside protection zones. Position garden rows parallel to the scream to reduce potential sediment and nutriGrr rurli Final a small buffer around the garden to reduce potential sediment and nutriGrr rurli Other Ahematives: Or Convert such lawn areas to woody vegetation or native grasses drat are not mowed. Or IF you would like to have access or a view of the stream, then you could create a small area of low growing vegetation that will preserve the buffer and the will corridor. Fayetteville offers weekly al Yard Waste Service to city residems asanerwiiranmemeally consdous meesfor disposing of yard waste. The City collects yard waste in the form of grass, leaves and brush. The City encourages pzrtcipaton in same form of yard waste muee, whether it is the Yard Was& Service, backyard composi or the use of a reaching lawn mower. City or Fayatte rfle: Sfream,ide protection east Prafices PESTICIDE AND FERTILIZER APPLICATION fi 6 Fayeffeiille offers a weekly wrsitle Yard Waste Ordinance requirements: Service to city resitlems • Fertilizers and pesticides may be pumined when applied in asanerwironmereally conformance with the Following standards. wnspous raw%for • Store of bazardous materials or chemicals in the stnamside disposing of yard waste. PF The City collects yard protection zone is prohibited uulus stored in waterproof wntamers waste in the form of grass, in a garage or shed protected firm precipitation. leaves and brush. The City encourages pzrtcipaton in In the Wauside Zone, the best management practices are required; some form of yard waste in the Management Zone, the best management practices are muse, whether it is the Yard Worth Service, backyard encouraged. wmposi or the use of a mulching lawn mower. Why is the use of chemicals on the lawn discouraged? Chemicals contaminate the water supply. Chemical treatment may7 'b be required to counter the to al of invasive species or insects, but because of dangers of unintended damage to the underlying native vegetation or `good' insects, chemical use should be the chiof last or utretme resort. What do 1 do? 92 chemiram Or Use in the stramside protection zones should be limited and approved for use adjacent to a water body. Or Pesticides should be applied directly to the mots, bads leaves and/or stumps using devious such as a band speal foam brush, wand or hypo -hatchet. Or Applications should occur at least two days prior to a rain event. Or Consult with a knowledgeable somw such as a worry extension agent to assure use of the appropriate chemical at the correct rate. Or Adhere to the manufacturer's nxommendadons to erume the sa cyr of nearby surface waters. Or Complete a soils analysis to identify the property type and quandry of fetilierer needed. Soil test Ides can be obtained through the Waebingam County Extension Office. City of Fayetteville: Streamside Protection [i Practices Or Store all chemicals in waterproof containers in a garage or shed protected from precipitation. 6 What is woody tegela0an? Or Buy only what you need to reduce the need to store leftovers. Woody vegetetion indudes nommdaswe trees and shrubs or vines with hard, thick stems. One way to REMOVING VEGETATION tell if shMs or vote could be classified as woody Ordinance requirements: vegetation istoweuthey • The removal of non-invasive living trees and woody vegetation is have be* on their stems. pmbibited in the stramonside protection zone, unless the removal is needed to maintain drainage rapacity in the stream channel. In addition, removing dead vegetation, invasive species, and punning is allowed In the Waterside Zone, the best management practices are required; in the Management Zone, the best managunem practices are encouraged When should I remove vegetation? In a natural setting, had and dying trees are a natural part of Forest woody and non -woody wgetanon succession. Dead standing trees and logs on the ground provide food and shelter to many organisms and provide nutrients to the ..$ forest young vegetation as it grows and should not be removed unless they tbrearen to undermine the integrity of the stuarrr bank or create flooding hazards. Naturally occurring kaFBtter, twigs, and branches re aan essential part of the buffer, functioning to retard runoff and t. j return nutrients to the soil. Snags, or dead standing veer, offer nesting and perching sires for many wildlife and bird species. However; tnxs that are diseased or infested may have to be removed if the disease or insects dnesum other trees and other amount methods, such as woody and non woody vegetation near so-eam chemical application, are likely to damage the adjacent: waterway Minimal pruning should be required because trees will self -prune as lower branches per shaded out. Trees grow most efficiently when there is enough canopy to provide plenty of food for the thee. Overzealous pruning can result in the loss of food production so but trees become stunted and may take time to regain optimum growth cares. Removal of vegetation should also be considered when invasive suamsitleclearing City of Fawttevill Strearl Protection Best Practices 10 species threaten to ova -run or out -compete native veer and shrubs. Control ofnon-native, erotic species, or even invasive native species, may be justified when this happens. What do 1 do? ► Ieave stumps and roots in place to help bind the soil, if theyar not a danger to life or pmperty. Leaving an otherwise healthy smmp can encourage new growth and regeneration. ► Comact a certified arborist if a tree is diseased or Wested and threatens other areas in the vicinity. A list of tree pruners/ tree services certified by the City of Fayetteville is available at accessfayetmville.urg. ► Prune trees during late Fall, winter, or early spring while the plants are dormant. Pruning while the true is dom am helps reduce pmblems with losing Food production while actively growing and decreases the risk of infection. ► When pruning areas and shrubs: • Correct multiple leaders as soon as possible. • Leave side branches until they are 1 inch in diameter, but remove before they become 3 inches in diametu. • Neva cut out more than 25% of the crown of a true. • Retain at least 2/3 of the true height in live branches to protect true health. City of Falcttimile: Streamsi le protection Best Practices IN -STREAM MAINTENANCE ACTIVITIES Ordinance Requirements • Maintna ofdminagecapadryinrhedb clmaybe pemuaed including tree and sediment removal. The best maagunrt practices are required because the chard is in the waterside zone. Why should caution be exercised when removing sediment? Steams are complex natural systems. Gravel bars are natural components of some sues n types and some locations are naturally subject to sediment deposidon. When sediment is removed limn a steam channel, further deepening of the chard as well as bank erosion often occurs. This could lead to property dunage or loss during high Bow events. Sediment removal atone suean location can also ]cad to bank failure and property loss at upsueam locations as well. Downstream of where the sediment has been removed, all the newly eroded sediment collects. This restricts the chamd Bow, often causing exueme widening of the channel. This sediment deposition can result in property damage or loss during food events for downstream neighbors. Why should caution be exercised when removing frees within the channel? Many healthy trey lean over to catch sunlight and remain that way for many yeas. Determination of tree nroval should consider a variety of facturs, including the trees overall condition, its potential for falling, and the anon of undercutting it may be causing. What Do 1 Do? ► Restore the chamd to a width and depth consistent with the width and depth observed at a more stable drannd location L City of Fayetteville: Soria d¢ Protection Best Practices Setliment in the stream and barks may range in site from siltard santl to gravel, cobbles and battlers. 92 In rasa where there has been a significant charge in the flow area of the channel. ► Remove blockages such as large trey or debris that are underneath or against a bridge or culvert to maintain or protect appmacha to smarm crossing struaura. ► Ieave stumps unless the stump is obstructing flow in a barmfu way. If possible cut the stump flush with the existing ground. If stump is removed back fill the hole with soil or rock to stabilize and revegetate the disturbed area ► Do not remove large rock and boulders from a stream. Gravel bars, rocks and boulders all help reduce flood power, keep a stnarrn stable and provide valuable aquatic habitat. ► Do not place loose gravel and material on stnarrn banks or build up artificial barriers, debris piles or levees. This will prevent the strewn Fmm spreading out on the floodplain and will increase water velocities and associated flooding downstnarrn. ► Contact state or federal resource agencies about obtaining the required permits for instrean activities. ► The Corps of Engineers can provide guidelines for responsible methods of sediment removal including how heavy equipment may be used Heavy equipment in the stream such as bulldozers should not be used in the creek without proper permits and approvals. ► A Corps of Engineers permit is required when more than 25 cubic yards of fill material will be used below the `ordinary high water mark' (the appmximare yearly flood level). US Army Corps of Engineers, Beaver Lake Project Office, (479) 636-1210 or cowl-hyOuwse armv.mil ► Arkansas Department of Environmental Quality may require a permit called a Short Tam Activity Authorization for steam activity with the potential to create a water quality standards violation such as turbidity Arkansas Department of Environmental Quality, (501) 682-0645 or http://www.adeq.smtaar.us/ 6 WnYremove gravel ziato tleepedng of to channel g toPrime caw of to 'iname'uity, as gmwl eveecnon Al only swOorato to gradem. City of Fnlelleviee: Sinamad¢ P oleclion Besf Practices ADDITIONAL RESOURCES ► Washington Cowry Cooperative Extension Office and U ofA plains database http://w ..arhomeandgardm.org/lands ping.b m 479-444-1755 ► USDAP6nt Database http://Plams.us&.gov/ ► `Go Native When You Go Green!" http://w..fayettevilkmtural.org/userfiWfildNonhwest%20 Ar %20Tiees%20und%20Shmbs.pdf ► City of Eayamvdle Tree and Landscape Manual Listed on the City Parrs and Recreation website under `U ban Forestry' http://w ..accasfayeae iRe.wg/gova=mt/parks_and_ m tion/docwnoncs/ ► University of Florida & USFS Northern Tree Database http://Iym.ifae.0 fl xdu/NorthemTma/ ► UniversityoFFlwida Landscape Plants Database hup://hon.ifas.uff.edu/woody/ ► National Invasive Species Ldwmation Cents http://w..invasivespedesinfo.gov/unitedsuta/u.sbtml City of Falcttevile: Sheamsid¢ Rotcc im Best practices Helpful Information for Property Maintenance SOIL EROSION What's wrong with bare 5oil9 The Environmental Protection Agency No sediment as the most common pollutant in rivers, streams, lakes and reservoirs, causing $16 billion in environmental damage annually. Area waterways, such as the West Fork of the WUtc River, are listed as impaired for sediment. Sediment entering waterways degrades the quality of drinking water, wildlife and the land surrounding streams in several ways: Sediment fills up smnrr drains and catch basins dot carry water away from roads and homes, which increases the Potential for flooding. Sediment in sucan beds destroys habitats for the smallest organisms and eruses massive doclines in fish populations. Sediment incenses the cost of treating drinking water and can result in odor and taste problems. Sediment particles carry other pollutants such as phosphorus, pathogens and heavy metals. What do 1 do? ► Inspect area for bare soil after heavy rainfall. Forms on gully erosion, the density of the vegetation, evidence of concentrated water flow through the areas, and any damage from Foot or vehicular traffic. ► Plant ground cover vegetation or one wood-dup mulch or landscape fabric. ► On amp slopes, plant a vigorous ground cover and avid turf gram dot requires mowing. City of Fayatlevile: Streamsi le Prolection Best armtkes REVEGETATION: WHAT TO PLANT Why are plants, and native plants in particular, important in the streamside protection zone? The vegetation planted in the streamside protection zone greatly influences the effectiveness of the buffer. The vegetatiods rout systems and density will significantly affect how well the streambank is protected. Property owners should be aware of the distinction between notions weeds or invasive species and native plants. For the purpose of this manual, `notions wood' encompasses any invasive species that has gotten out of control and has become hamdul to the health and survival of the woody vegetation in the buffer. Invasive plants disrupt natural habitats by choking out native plants, altering the local ecology and potentially threatening local animal species. If an invasive species is performing a desirable fraction such as preventing erosion on a bank, it should not be removed without replacing it with vegetation of at least equal value for erosion control and water quality functions. Some common notions species are Japanese honeysuckle, kudw, miles -mina¢, multi -flog rose, English ivy, all privets, and winged euonymus. What do 1 do? ► Plan native plants, which are already adapted to the area and generally withstand local weather and soil conditions. They often require less ongoing maintenance, inducting watering. Native plants are naturally resistant to insect pests and diseases and by planting there not only are you are helping prevent the establishment and spread of invasive non-native plants, but also protecting the local ecdogy. ► Replam in such a way that minimizes disturbance to the rout systems of existing vegetation. ► Avoid plantinginvasive species. Invasive Spades End to Tread uncontrollably, overwhelming other, especially native, species; some rated species may quality as an inwasive. Common inwasve species: Japanese honeysuckle, kudzu, milea-minute, multi -flora rose, English dry, all inverts, and winged euonymus L City of Falcttev Ic: Stmamside protection Boost practices 9® Examples of species suitable for planting in riparian buffers. Flood Tolerant Trees Bald CM%w TaeWium tlieticntm Blade WHIMSalung2 Oemup Oak Querow lyana Water Tuaso Nyeea aWatiGa Swamp Tupelo Nyeed mya'etba var. hlawa Moderately Flop) Tolerant Trees Sycamore Platmusowdertalm SuitaBRrry Celholdevipaa Eaetem CoMirl Populus de.MONee NMrIfSn Elm Ulmw amerwam Green ABM1 FlginUe(gnrM)'IYdniGd Water Oa( Quercus nipra Flver Blmh Betulangra WIIIoW� OWrcuspMlbe Swamp Chestnut 0* Ouercusmicnauxii Numl O* OuepusnucNlll Fbpl Intolerant hem Bla%Wdlnut Juglaml Shotlleat Plne Pow scroll Persimmon Damptmviumime WM1Ite P%M1 Fraximusamerwam WM1Ite Oak Querow aMd Sweet PeCn Caryl illmomerele Bla% um N eeas NaMm CMr MO* OIIemus Wd Small Tana Recount Oems GnaUenels Fral'rant SumHC Slyraxotow6ela AmehCdn Plum Prunus amerma Cal Maluasm. ServlceberryAmelaroM1lercandcen&s Flowehng Doyle Comus ImIda Shrubs Roughleaf GogmW Cornuscrummonntll Shmb Wlllow SallxW. Eldelterry SambuCusnl ra Beau Callen amIBACana Grew" Inclang2sa Somhmtrum nmans BIg Blueltem Andmpogon geramll Use Bluestem Schluu hum a:*sFarlum 9mrWrtgrass PanlWmvlrtum asawn read 61agrm 0 City of Fal Streamuide protection Best Pratkes ANIMAL AND PET WASTE Does pet waste really affect our streams? 'Ilse EPA bay placed pet waste in the same category ofnonpoint source pollution as oil and toxic chemicals. It is considered a major pollutant and contaminant of water supplies and is one of the most common sources of nutrient load in waterways. Pet waste in lakes and sureams can use up and lower oxygen levels, killing fish. Nutrients from the waste can encourage weed and algae growth, which is harmful to a healthy balance in an aquatic system. What do 1 do? Kennels are prohibited within the sueamside protection _ cone and should be located away from any drainage paths leading to the stream. Kennels as defined in the Unified _ Development Code are structures or facilities used for the purpose of breeding two or more litters within a 12-month x;,s period or a Facility that keeps animals commerdally and has t open dog runs. Pet waste should be picked up regularly and disposed of in the pat wane bag elsmnser trash. While fowl would typically be considered livestock, the City of Fa roxmUe does allow single-family residences to keep up to four hens in a fenced enclosure. (See §164.04 of the Unified Development Code.). dust like other pets, these hens would be allowed, but the coop/most area should be located outside the Waterside Zone when possible. City of Falcttexle: Stmamside protection Best practices Ordinance Requirements for Development and Construction STREAMSIDE PROTECTION MEASURES AND CONSTRUCTION Ordinance Requirements • Prior to any land clearing or soil disturbing activity, the Smarnside Protection Zones (SPZ) boundaries shall be dearly delineated on site by the applical and such delineation sball be maintained throughout construction activities. • A site inspection followed by periodic inspections during concoction will be conducted by the City Engineer or designated representative to ensure cumplianco with the Stnamside Protection Zones ordinance. • Streamside protection zones shall be protected from concoction activity. To prevent negative impel concoction vehicvle access is prohibited in die SPZ except a permitted crossings. • Storage of concoction vehicles, materials, debris, spoils or equipment is prohibited in the SPZ. • Before commencing any concoction activity, the applicant shall install A fencing on the site at the outer edge of the SPZ, or as directed by the City Engineer. The City Engineer may require other protective measures based upon the individual characteristics of the site and the proposed construction methods. • If the required barriers surrounding the SPZ are not adequately maintained during concoction, the City Engineer shall prescribe remedial measures, and may issue a stop work order in accordance with §153.07. • All remedial measures shall be completed within the specified amount of time and shall be considered prior to granting future inspections from any other city division, final plot approval or issuing a certificate of occupancy. • The City Engineer may require other protective measures baud upon the individual characteristics of the site and the proposed concoction methods. Construction activities can be partiandy damaging lolleslreaoeids zone. Some resultsof coretnmtion disturbances in the streamsitle zone am permanent loss of vegetation, permanent loss of water infiltration due In soil combaction, alteration of nalll water runoff patterns, and an arae for namus weeds to establish Soil completion by heavy equipment ran rdnce water intake of soils to 5 parent or less of the onginal rate. City of FalaffeAc: Soria de protection Best practices 10 STREAM CROSSINGS FOR TRANSPORTATION Ordinance requirements: • Stream aossings, including driveways, roadways, trails, or railroads, are allowed when the City Engineer determines there is no practical and fersible alternative. Minimizing Stream Crossing Impacts Consideration of the Following chine arts will aid in reducing the impact of stream crossings: ► Minitnzeorreducesaeamaossingsthmughpmperplanrdng. ► Minirrrize the amount ofescavation and filling. ► Maintain the dimension, pattern, and profile of the steam. ► Minirrrize scour, erosion, and flooding. Methods to minimise steam crossing impacts: ► Construct steam crossings during periods of low flow. ► Lome crossings where stnambed and banks are composed of fine, cohesive soils to minimise erosion. ► Design crossings to reduce the possibility of obstructions such as debris and A blockages through the minimisation of channel obstructions. ► Bridges and bottomless arches, wide enough to span the stnarr and allow for some dry ground or an artificial ledge beneath th bridge on one or both sides are prefared and should be used whenever possible. ► Bridge soffits should be a minimurn of one foot above the height of adjacent banks—bigh enough to allow wildlife passage. ► Farceptionally wide stream crossings may be allowed to utilize plers in the charnel under the discretion of the City Eng neer. City of Falcll¢v le: Stmamsid¢ prolection B¢sf Practices ► Maintain a natural substrate underneath the bridge. IF concrete is necessary to prevent scour, then it is recommended to cover the concrete with a natural substrate. ► All disturbed areas shall be revegetated immediately upon completion of the work ► The um of culverts should be avoided. IF culverts most be used, the Following installation guidelines should be Followed: • Provide water depths and velocities (at low Bows) matching natural areas upsur am and downsueam of the crossing. • Createno dmp- ffi or plunge pooh and no constriction of the channel. The practices listed may be subject to additional regulation per UDC Chapter 168 Flood Damage Prevention Code, Chapter 169 Physical Alteration of Iarrd, and Chapter 170 Smmrwater Management, Drainage and Fmsion Control. City of Noatteviee: Stmamsid¢ Protection Best Practices .� UTILITIES Ordinance requirements: • Maintenance and upgrades of existing utility Facilities are allowed in the Waterside Zone ifBMPs are followed. BMPs are encouraged in the Management Zone. • Installation of new utility facilities are allowed in the Management Zone, and may be allowed in the Waterside Zone if the City Engineer determines there is no practical and feasible alternative. This requirement also applies to the installation of facilities in the waterway itself. Maintenance, Upgrades and Installation of New Utilities: The width of the easement shall be limited to the minim can width necessary for the utility's installation and maintenance. Once started, carry out and complete construction without delay. Leaving construction work incomplete incenses risk of erosion and sediment transport. Where clearing is required, limit or delay grubbing until grading and concoction is ready to pm«ed; the mot masses and associated organic matter provide substantial erosion control. • Clearing ahead of the point of construction may not exceed 500 Fes. • Except for clearing, the maximum length of disturbed work area, including grubbing, shall not exceed 300 Feet before temporary stabilization is made with, at a minitnum, seed and mulch. • Permanent soil stabilization with perennial vegetation or other permanendy stable, noncmding surface shall be initiated within 14 days after final site grading. • Implement erosion and sediment controls that meet or exceed the requirements set Forth in UDC Chapter 169 and 179 and the Arkansas Department of Envhoomental Quality. Mill %`)1 xaxe Alty easamam w z0h Cary of Noatteviee: Strenmsde Protection Best Practices ► Access maintenance routes shall be limited to 20 Feet in width and, where possible, shall approach manholes, risers, valves, or other appurtenances perpendicular to the sumam rather than running the length of the utility line to minimize post installation clearing in the buffer. ► Leave stumps and two in place when trees are cleared to help bind the soil, if they are not a danger to life or property. ► Prepare and maintain on site a Srormwater Pollution Preventia Plan (SWPPP) For construction sites over one acre. (Required I the Arkansas Department of Environmental Quality) ► File a Notice of Intent with the Arkansas Department of Environmental Quality For construction sites over five acres. (Required by the Arkareas Department of Environmental Quality) ► Sediment and erosion controls shall be installed prior to any surface disturbance activity, such as clearing or grubbing. Installation of Utility Stream Crossings: ► Crossings shall be contained within the Footprint of an existing mad or utility crossing where possible. ► Stnam bank stabilization to protect new structures fiom Future channel migration shall be accomplished through vegetative or flexible linings. The utility installation shall not increase or decrease the natural rate of channel migration. ► For above grade utility crossings, pier locations shall be plarmor to minimize or avoid placement in the steam. ► Below grade utility crossings: • The installation shall be accomplished by directional boring or jacking beneath the scour depth of the water body and cbmmd migration zone, where Feasible. • Where directional boring or jacking are not Feasible, derailed plans showing bow Bow will be diverted away From the area during construction (use of coffer dams, temporary culverts, etc) and bow the demand will be rehabilitated to its pre -alteration stare Following installation of the utility are required • Utilities shall cross at an angle perpendicular to the channel centerline, or as near to perpendicular as City of Falettevile: StmannuMe Protection B¢sf Practices 23 possible, whenever boring undo the channd is not Feasible. Below grade utilities shall be encased in steel, to minimize maintenance needs, and burled to a depth sufficient so as not to alter the Bow of the svemn, catch debris, or cause erosion or deposition. City of FalcttcAc: StmamsMe Protection Best practices PAVED 'TRAILS AND IMPERVIOUS SURFACES Ordinance requirements: • Paved trails m other impervious surfaces not exceeding 12 Feet in width are permitted in the Waterside Zone when the City Engineer determines that there is no practical and Feasible alternative. Trails, like any impervious surFxe, prevent infiltration and require the removal of vegeration, which can compromise the bank's stability. However, the trails system also offers multiple benefits to riparian areas: • By creating a place for public enjoyment along the stream, the trail brings people in contact with the stream to appreciate the natural beauty and report dumping or other detrimental activities. • The Adopt -A -Trail program has been very successful a attracting volunteers to pick up fitter along the trails and stnarn condors. • The trail provides educational opportunities along the stream by providing easy access to the unique and diverse riparian outrider, Children can come in direct comma with the steams and grew a stronger appreciation for the natural systems. • The trail provides access for equipment to remove large debris or trash and repair impaired may of the stream u prevent future stream bank erosion through naturalized repair methods. The Following best management practices are required in the Waterside Zone and encouraged in the Management Zone: ► Tecate trail as Far Fmm the `top of bank' as practicable. ► The existing vegetated buffer between trail and`top of bank' shall be maintained to the extent practical to protect significant trees and sensitive areas such as stream edges or springs. ► On¢ started, carry out and complete construction without 1100 smansde dumping City of Falcttevile: Straamside protection Best prances delay. Leaving construction works incomplete incenses risk of erosion and sediment transport. ► Where clearing is required, limit or delay grubbing until grading and construction is ready to pmeeed; the mot masses and associated organic matter provide substantial erosion comml. • Clearing ahead of the point of construction may not exceed 500 feet. • Euept for clearing, the maximum length of disturbed work area, including grubbing, shall not exceed 300 Feet before temporary stabilization is made with, at a minitnum, seed and mulch. ► Final stabilization sball be done using native plants to match or exceed the quality of vegetation existing prior to trail ► Implement erosion and sediment mots that meet or exceed the requirements set Forth in UDC Chapter 169 and 179 and the Arkansas Department oFEnvbonmental Quality. ► If a utility easement is established, and has been previously cleared and disturbed, the impervious surface shall be located on the utility easement to mhrinnize the overall amount of disturbance. ► Concrete shall be required, in flood prone areas, because it has a greater resistance to flooding conditions than asphalt, requiring has repair and overall land disturbance. ► IF there is an exposed cut bank or highly eroded swam bank on the same property as the impervious surface being construcad, the bank sball be stabilized using natural clexnnd design methods at the time of trail wmvuction. All bank stabilization shall receive approval from the City Engineer, prior to land disturbance activities. ► Sheet flow drainage conditions from the impervious surface and its appurtenances are required. Where flow is concentrated, the methods in the flow diffusion section of this manual shall be used. ► TurFgrow is allowed 5 Feet from the edge of the impervious surface to allow For periodic mowing. Beyond 5 Feet from the edge of the impervious surface, native plants shall be used where revegetation is necessary. W rint existing otil"seimnt and she of 4NsA City of Fawttevile: Sinamside protection Bast trractkes M STORMWATER OUTFALLS F • .in scormwacer conveyances on site or acsessible to the site are the preferred location m direct sm rnonacr runofflmm the ske. Existing conveyenca utilized For additional stonrrwamr Bows shall be modified in confomunce with best management practices For new 6ci ities. Ordinance requirements: • New stormwamr conveyances where no conveyances exist or are accessible to the site may be permitted in the SPZ when the City Engineer dacarnows there is no practical and Feasible akernadve. The standards in the Srreamside Best Managanent Practices Manual are required For both the Waterside and Managanent Zones. Minimizing Stormwater Outfall Impacts: All of the following Best Managanent Practices shall apply m new stormwater conveyances through the SPZ: ► Minimize sediment loads and trash prior to entrance into the SPZ through pmctices such as: • Stilling Basin • Ouder Sediment Tmps • Grass Swales • Check Dams Biore¢ntion Cells • Enhanced Detention Pond (See on page 29) • Prevent Short Flow Paths • Extended Dry Demotion • Retention Ponds/Wa Ponds • Sediment Forebays • Meandering Low Flow Channels • Miaopools • Marsha • Pkmge Pods • Pond Buffers (25 Fees minimum) • Rip -rap pilot chanuds City of FawtteviE¢: StnamsUe P otedion B¢st Practices ► Design For a minim urn number of discharge locations to the sveam and choose an alignment through the SPZ which will result in minimal clearing of existing vegetation. ► Design For minimal amounts excavation and no filling in the SPZ. ► Convert flow to a velocity that is noncrosive at the 10-year design storm before the flow enters the swam. Possible practices to achieve velocity reduction include: • PipRap Aprons • Level Spreaders • Check Dams • Ouda Sediment Tops ► Angle the discharge into the direction offlow of the receiving water to provide a more natural confluence if possible. ► Design to minimize the long-term impact in the SPZ and the rectal stream. ► Implement erosion and sediment oonvols that meet or exceed the requirements set Forth in UDC Chapter 169 and 170 and the Arkansas Department of Environmental Quality. ► Discharges most be managed during conswction as well and may use an approved temporary method different from the permanent posttionswction method used. ► Once conswction is started, carry out and complete pmjmt without delay. ► Design in accordance with and obtain all required local, state, and Federal permits. ► Design in accordance with the City's Drainage Cnewar Manna(. P. Periodic corrative action to restore a non -erosive velocity of flow or to restore stability of the conveyance shall be taken as necessary to impede the Formation of erosion gullies. a ;�� n endonng low -flow chen roll City of Falcttevile: Strea rl Protection B¢sf practices 20 Example of Enhanced Dry Detention Pond Fa PUN VIEIn Ow wneTl Li' PROFU City of Fayettevifle: Strean side Rot¢clion B¢sf Practices BMDs for Sediment Removal and Velocity Reduction prior to disharge to the Streamside Buffer amp Function APPIkabil Limlbtkns Grasser) Sediment Used after velodty Small drainage arllead Swaim Femoral reduction is achieved. than 5 does. Sediment Sediment Used torpretrmVmnt No minimum o r mdxlmum Forebay Removal rather than ma tonnage area CBpN6 rrHy staMdlOm BMP. require removal of cafe . Meandering SedlOpntand Usedaftervel0ela ReculreaawlderepXR Low Flow otherialmant reduction I8 achieved. than al hear channel. Channel removal Flprap Sediment Used at to end of an Can be used at most AINon Removal; outlet o pe or channel. outlets where the flout Velocity Speed lB high. Not Reduction Orl Dam Sediment Used within Shoul0 only be usedIn Removal; dronage dlbh, ewal0, cM1annelswlthadralnage Velocity orchannll. May use areaortoacrmorless Reduction with step slopes. Outlet Sediment Used at me end of an No minimum or mdxlmum sediment Removal; outlet 00 or channel drainage area Dephs may tram Velocity regulre Saudi of bedrock. Redualon Level Velocity Used atthe end of Maximum new of 3o ofs and Spreader Reduction an outlet 00 or maximum slope of I M. channel to dleperee III uniformly comes a&ape. Notes: (1)BMFsslag besimtedd nddevgrwdfoBowg gappmvedtwhndmldeign guiddlres. (2) Fortechnical and dough guiddgno wraa the Gry ofFayeaevJle &rgmwrmg Divi.von at (499) 595-8206. (3) Additional methods ofachiwing the abwe ultula may be approved by the Cityhnglneu. (4) Bi may be used In wmbination to achieve flow vdodty reduction and sedimmtraawal. (5) Floorings downstreun of the flow dlSol dwiw must be adolume to prevent erosion and shall be specified in the dough plan. (6) R«sabinil of disturbed wf;m iwn must be awomp4shed as soon as Vegetative cover is extremely important in controllingarosion. It performs these functions: • Shields the veil surface from the impactof falling rain • Holds soil particles in place • Help to maintain the soil's capacity to absorb water • Slows the velocity of runoff City of pa5etfevlle: Streanevide Protection Best Prectk¢s prsnmcable, bur in no caselonga than 14 days. MITIGATION PRACTICES FOR APPROVED VARIANCES Ordinance requirements: • IF the Planning Commission bus granted a variance For a reduction in the width of the Srreamside Protection Zones, it may require mitigation through installation of sauaural BMPs. Removal efficiencies sled on the Environmental Protection Agency National Menu of Smrrn azer Best Management Practices may be used to select suitable structural BMPs or combinations of structural RIJN. Examples of possible BMPs For consideration include wet ponds, wetlands, infiltration trenches, and bioretention. Structural BMPs selected For mitigation shall be approved by the City Engineer. LOW IMPACT DEVELOPMENT The use of Low Impact Development principles throughout the development is encouraged to reduce the tend volume of runoff contributed by the development. Reference the UDC Chapter 179 Low Impact Development Code. City of FawtteviE¢: SinamsMe protection Best Prances Karen Minkel Submitted By Clry of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements ]VeW1 City Council Meeting nafa Portland, Items Only Action RequlreE Steel. Planning and Int. Consulting Department P 3480(Streamside Protection)'. Submitted by Strategic Planning staff for approval of an ordinance to h streamsitle protection zones, amending Chapters 155'. Appeal; 156: Variances. antl 1 for Flood Damage on Code of the Unified Development Code and adopt a Protected Streams map and Best Management s Manual. nla Coat of this renoe4 Account Nuclear Pmled arm bar Badge2N Item O Lnlegoryl Pragui Budget $ Panes was m Data $ Remaining Balance Budget Adjustment Attached O Program Category I Project Name Pmgrem I Project Category Name FUM Name 3 Resalable Ordinance or Re¢olmon# apartment Dior Dale Original comreat Data C- 44 hlyt 2dit Original Common: Number: cny Attomev I oats Financs and lntemel Services Dlrecmr Date Recenedln Clly 01-13-J� D4:31 RCVD Clerk's Office (�`J�rr^✓\ Color of st r Dam • MIn eyaais amce D e pal comments: U.WF PP LiA U51 tt1gyt`A'1 11111l�P00 - ReNsed John ry15. ayyeelteville OF FPYERTENTCa olOrM At, CITY COUNCIL. AGENDA MEMO To: City Council Tbru: Don Mar, Chief of Staff From: Karen Minkel, Duzhor o£Strategic Planning and Internal Consulting secrivi Onte: January 12, 2011 Subject ADM 09-3480 (Second de Protection) Submitted by Monsoon Planning rtaff101 approval of an ordinance to establish emearrside protection zones, amending Chapters 155 (Appeals), 156 (Visnarr and 168 (Flood Damage Prevention Code) of the Unified Development Code and adoption of a Protected Streams map and a [test Management Practices Manuel. PROPOSAL: The Purulent Kcduction Plan, completed in Am it ?009 by (Do carol Comulmns is parr ofan Agreement pison Boric on Water District and the City of Feyenevi l le, recommends the deveopment and implementation ofa riparian buffer ordinance This mdinam;e is part of a series of recammendatim e assigned to reduce non- poinr some loadings ofwng phosphorus in the Beaver lake Wanershr<I arul would gtimately redact due non- poim someo loading, gashing phosphors mall IbeCity's to develop Thes recap ffec I li a leai Cra ,gram Waterline by tile Washington County Ecendieoa Officetodevelop riparian buffers In the Clear Creek W marched and or it member mth a L oommwded action step in the tire development n Molitor Plan Rah Mayor Jordanconcur Council member SaraheLewis requested than staff pursue nce development of a eneamside protection ordinance based on these recommendations. A riparian buffer or sneamsidc protection ordinance is one of the host claim ad rive tools fir reducing the consent load in the C ity's wateways and preventing emsian_ Snearnbank restemtion costs approximately $250 per linear foot, and engineering a locution to remove nuciems from the wafer rim Tom Corp of millions of dollars. Reducing the noo-point source loadngs of pancoo in the Cacre waterways vnlI help to reduce T I cost rftreating drinking .ater, watch adirect imp t oil cetfees. FileUty of Payeaeville s increases in k any (EPA) to demonstrate Department of&n�ro d effort the Cit (ADPR) and the reduce currents protection Agency (FPA) to dennonenute watershed based efforts the City is taking to redraw nutrients in F¢yen2ville's .wrenvays so Cher the City cue powiallp tumid being issued cvw more stringent and expensive National Pollmant Discharge Gliminetion Sysren (NPDE$) westewew uretrncnt dimhurgc parnir limns. SYmsgie Planning funned a project Irate that included snail From Planning, Fngineenng Waxer and Wastesvateq $usaninability, Parks and Reoaarion and CiIS. file roam cocked to identify model ordinances used n other municipalities and conducted research on best practices, cith assistance from members of the Environmental Action Comwir(ee. Two public input session, were held in March 2010, which included a presenradon and hands-on field lip to College Branch, Imita loos to Ihemeenngtargeod Die Washington THE CITY OF FAVEREVILLE ARHANSAS CounryPa in Bureau membership, the Illinois River Wateshed Parses o, the Fayetteville Froward Green In frastmcture group, Fayetteville Natural Heritage Assobant n and the Planning Division's Developer and FiSlneer contact list. The City also hooted;tn online survey for a period Of One month it) solicit additional public input before crafting the ordinance. All property owners whose property was Iflogy toheaffected by the proposed buffer area were sent a letter about the ordinance be Coke the Planning Communion formally reviewed the proposal. Approximately 300 propeAy oA ins who have existing principal structures within the buffet 4rea were invited to a question and answer session on October 12.2010. 1lie envleomuental Action CommNee unormcc dy aodorsed the Nobleness on September 16, 2010, Find the Planning Commission I'onvarded the sucar side Function ordinance to the City Conrail on November R, 2010 by a veto of 720 Commissioners Hoskins and Borchelt voted against the ordinne. Staff has made some Changes to the ordinance based on recommendations made by the City Adomey and staff for clarification purposes A copy of the ordinance reviewed by [he Planning Commission is included in the p odual. Ordinance Regulations Best Mana;emene A ounces Manval A BMP Manuel will worts in tandem with the Cobalt to coolant specific objectives and principles. Phis tunnel they be adinhusuadvcly chanced by the City Engineer in tender In give staff and the public the ability to utilize mneeging technologies. App(icabili ff The orb ante shall apply to all the land within a sueamcdn protection zone with the following ceptior • Undeveloped lots created by it lot split, restaurant. or final platapplicatlon which wet, submiuvla approved prior to the effective date Of this ordinance for a period of 12 to 24 months depending on the lot size; • A collation y plat that was submitted or approved is to the sfctithe date of this ordinance and A use aid or Anti vity perioitied n, an unexpired building permit approved prior to the effcetive data of this ordinance. Fsurhltshrne I f St nmside Pr I Y n 7 nee: All surface wafers identified < t the P x teased Streams than. including any pond, lake or reservoir located within the rental dramthE wa, Of said surface water or any surface where a obuffer has been wtabluhed by the Federal Emegenry Management Agencyshall have a sdeamside protectictionn buffo. Zone 1,the Waterside /.one. shall extend a inhumum of25 feet firm the top of back On either side of the waterway and include the suaare waterslopes greater that 15 pereeut will require zone l to extend an additional 20 1af, zone 2, the Mrmagemem zone, shall extend an addiLlone125; ifbre Hoodway extends beyond the edge of the Zone 2 Foundry, the boundary shall beadusled to include the no alway_ PIVed J'n'eams and LyTogr ing I lie City Engineer may determine that normal Apennine protection regulations shall not be applicable to portions of stream that have been piped. and steams that are daylighted following the ofeel iva date of this ordinance will Only acquire a five -loot sylvd<mrauted from the top of bark_ THE CITY OF FAYETTEVILLE, ARKANSAS Regulated User Zone I: Were vide Zone Its" allowed it the Rest MenaVenountP actices Manuel is believed _and provided the ar l i edslid constr cted to minimize h impact upon svcamsidc Clear • Open spaces that are pdmadly plsive in character including unrest Trans. fishing areas, preserves and parldand • Streambank restoration or stabilization • Water quality monitoring education and sciemific studies Dam maintenance • Rcvegcvtion and reforestation • Paved pails or odterimpervlmu surfaces not exceeding 12 feet in"idth when the City Hngineer determines there is no pi ctired and A u,mle alternative • Swam crossings including driveways, roadways. pails or railroads • Mainlcuwnee and upgrades ofexisting nudity faniliues • New utility facilities when due City Engineer determines there is no practical and feasible alternative o Management oflarvns and gardens • Removal of dead vegetation, pruning for reason o f public safety and removal o I iayslice species • Applieatienoffertilizer, herbiddea pastilles and insecticides • Maintenance of urainage capacity in the channel, including free and sediment trusts. at kuw suIrimconveyances when the City I ngineci determines there is no ptactieal and feasible alterative Zone . Management Zone Uses allowed • Newstamnvawr conveyances when the City Engineer determines there is no practical and feasible alternative • All uses within Zone l; the EMP Manual principles am encouraged but not required • Accessory structures with a cootprnt no larger than l so quare feet • Aetivo nectcational fires Prohibited Uses WINin the Sit carusideHibernian Zones • Grading. dredging, dumping, or filling • Landfills, junkyards, salvage yards • Clearing of non -ire -active woody vegetation Storing barallous lnrerials or chemicals unless they ate within se stairs oofcoataincre unit winnn a Wit tore • Parking lots • Buildings and aeressuiy svuaures with a building footprint larger than UO square feet • Septic systems and/or lateral lines Parking and smragc of motor vebides In -ground pools • Animal feedlot or kernels • Housing grazing or other maintenance of livestock • Cultivation THE CITY OF FAYETTEVILH, ARKANSAS Land application ofbiosolids Gxlst ng Land Use lxempdons • Existing(ses shall be examined to contain in tirUs present state. The Fill nan(e oral l apply when the rise is col ic to another use. Appioultral and animal husboodq activities shall cease w exist when Utey have Irvin idle founom than 18 consecutive momhs l7miing principal stmmures ns of the effective date of this of di once any be Leduc hoped or oaducted on the same footprint • Minor alterations or additions to an testing swwme, provided the modifications do not extend mom than 10fact towatd the surface water shun the original foundation Any actions taken trader emergency conditions Development Apsilicycon P, ocedwoc All persons required to submit an application pars(an( to Chapter 166 of the City Unified Development Code shall show the location and type of surface wuteq the top of bank, Zone 1 and Zone boundaries and slope Applicants may request that the CLy's Floodplain Administrator perform a site visit to view conditions on site and male a deteonination of Lop of bank location and zone widths. Srreamslde Pfomctlon Meaaves and Conapsmllom Streamslde Protection Zone boundaries shall be cicaily delineated on she by tine applicant prior to any land clearing or soil disturbance. Ashce ad will be conducted by We City Engineer or designated representative to ensure compliance. Further, the streamside protection zone shall be protected from couswetion activity except wbere new ny to allow activities pin Cit ed elsewhere in the ardivanee. Storage ofconclusi on vehiclet, materials debis, spoils or equlpmenna pmhibi led within the bitter nice. The applicant shallmatall of L fendog On the si In at the Omar edge of the Management Zone or as directed by the City Engineer_ Other Ordinance Amendments Par lannex the Planning Commission shall fraci nd decide requests for variances from the dimensional rcquirawts afthis ordinance The Planning Commission may consider the following. p Usc provisions oRhe S[reamsidel'rotection Ordinanco arc shown by the ownaordmnlopera undue bardship as strictly applied Bust ant Y or Lot nuper'spmpeny 2) a lance by the board of Adjustment will col rvlfidentlp alleviate the daimwl hznlslip and va 3) the Planning Commission may presa5be appiopnete conditions and safeguards to substamia]by secure the objectives end pmpo- e Ior the reKlUch(ns so varied and to mitigate any detrimental effects the cantors may Case Staffineommsds including subsection 155.06(A)(2)M) to state that mar p utatiore of stanns the pro cell n core, shall be many by the City F,ngincer. adding purpose statements to sabsmtio( 168 01(A) and definitions for claylighting, on zmside protection zones, Protected StrainMap, silo Ioil of hank to subsection 108-02, THE CITY OF FAYETTEVRLE, ARKANSAS IIIIIIIIIIIIIIE RECOMMENDATION: Staff recommends approval of an ordinance to establish alrrameide protection woes, emending Chapters 155. Appeals, 156: Variations and 168 Flood Danwge Prevention Code of the Untied Development Code and adoption of a Protected Sneama map and a Best Management Practises Manual. BUDGET IMPACT: None. aVe evl 1� Departmental Correspondence i LEGAL 1 siowmmms cuy+nmmey Jason 6.Miss TO: Mayor Jordan n.ennmenyeem.n.y City Council FROM: Kit Williams, City Attorney���� DATE: January 14, 2011 RE: Streamside Protection Ordinance With help from Councilmember Sarah Lewis, Director of Strategic Planning Karen Minkel worked with Engineering, Transportation, Water and Wastewater and Planning to formulate the Stmamside Protection Ordinance. Even after presentation to and acceptance by the Planning Commission, Karen continued to work with all affected city departments and with my office to fine tune this important ordinance. You should first know what this ordinance does not do. It has no effect upon existing structures within the Streanrside Protection Zones (within 50 feet of the stream bank). It grandfathers in all such structures and even allows minor additions that could extend up to ten feet further into the Streamside Protection Zones. It allows a homeowner to construct a berm to protect a house from flooding. It allows current use of the property to continue, even agricultural uses that are not desirable for streamside preservation. This ordinance primarily affects new construction and prohibits new uses and activities close to protected streams that would unnecessarily degrade them and cause water pollution and siltation problems. The ordinance places much discretionary power with the City Engineer when it comes to allowing new paved trails, driveways, stream crossings, stormwater conveyances, etc. within the Streamside Protection Zones. This provides the Engineering Division with the power to examine the practicality and feasibility of alternatives as they relate to the particular site being developed. Appeals from the City Engineer's decision would be decided by the City Council. This ordinance places new restrictions on property and limits to some extent what property owner can do with the land. All land in Fayetteville already has some restrictions ... zoning certainly restricts its use and what can be constructed. Setback requirements from rightof-ways and neighboring lots are similar to the streamside protection zones which provide something like a setback from a protected stream, but with more flexibility than normal setbacks. As long as the City does not make an existing lot unbuildable or unusable, this ordinance which grandfathers in virtually all structures and existing uses should not be a constitutional taking. ORDINANCE NO AN ORDINANCE AMENDING TITLE XV: UNIOEID DEVELOPMENT CODE OF TIIE CITY OF FAYEINIVELE, 10 AMEND CHAPTER 155 APPEALS, CHAPTER 156'. VARIANCES, AND CHAT ER 169 1 DOD DAMAGEPENN EDIION CODE IN ORDER "10 ESTADLTSH SCRFAN SIDP PRO 'I LCIION ZONES AND ADOPT A PROTECTED STREAMS MAP AND 13ESIMANAGEMENT PRACTICES MANUAL. WHEREAS, a riparian buffo will reduce off icerts and sediment loads in wetmwayu, prevent erevlou and increase flooding capacity; and WHEREAS, sediment is listed as the moat common pollutant in lovers and Treads by the Envitonmenml Protection Agency; WHEREAS, o riparian ImfPer to one of the most Cat -etf nkc mevsurea for reducing pollutants In wetehwys; and WHEREAS, the establishment of it riparian buffer was one of the recommendations provided by Geouyatec Consalcuta us pant of the CiA's Agmuucnt with Holster Water District to reduce aoopolnt Alone loadings of total phasphorus in Heater InI.G the source of Eayntleville'e drinking tamer; and WHEREAS, the City parmmed with the Washington County Cnopentive Exlenolon Services Office to develop riparian buffers in the Clear Ci ak Watershed;and WHEREAS, are City Council unanimously adopted the Fayetteville Tiernan Meant Plan in 2009. which reconunended that the Gry derclop a riparian buffer ordinance. NOW, THEREFORE, HE IT ORDAINED BY THE CITV COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS SatMon 1. That the City Council of the City of Eayeundle, Adwileaa belch, adds §155.06(A)(2)(d) by inserting the following subsection "(d) Slreannide Protection Zones. An interpretation or decision a] like City Engineer rning the regulated ustea, structures and activities, sfrnrmsidc boundary location or land use exemptions.' Section 2. That the (:fly Council of the City of Fayetteville, Arkansas hereby adds Q 15tl03(C)N) by inserting the iblllc img subsections'. (Y) S/rennts(de Ptnten[ion Zone.' PdLt due hmdelup. If the provisions of the Sheanadde Protection Ordinance are shown by the owmmor developer to cruse undue hardship as strictly applied to the owner or developer's property beeame of its unique characteristics, the Planning Commission may gaant n variance of a permanent or temporary basis from such provision so that substantial justice may be done and the public interest protected, provided that the variance will not have the effect of ballifyying the intent and purpose of the Streamside Protection regulations. (b) Consideration of alternative cooncocs. The applicant for the vturinwe shall establish that a reasonable reaom'ug by the City Council or variance request from the Board of Adjustment will not sufficiently alleviate the claimed online hardship caused by the Sit outcome Protection regulations. O Conditions and safeguards. In granting any variance, the Planning Commission may prescribe appropriate conditions and sai'egmrds to substantially social the objectives and purpose for tine regulations so varied and to mitigate any dokintartal effects the variance may eanse The Planning Commission should consider the Sit mPractices easide Panlection Best Management Pctices Manual and any mitigation recommendations tram 1hcCity Timbers." Section 3. That the Ciry Council of the Cty of Fayetteville Arkansas hereby amends ys168-01(A) by inserting the following subsections and renumbering subsections 410: "(4)Protem, restore and maintain the chemical, physical, and biological integrity of the water' resources: (5) Reduce pollutants In surface waters by filtering settling, and transfun ing pollutants in runoff; (6) Stabilize the banks of streams to reduce erosion and the downstream transport of sediment and amends; (7) Maintain free canopy to Outdo streams, reduce water temperatures, promote desirable aquatic organisms resulting fit ecological integrity with improved fishing, greatcrscmnic value and reoeational opportunity;" Section 4. That the Ciry Co rcd of the Ciri of 1'nycvnvillc, Atknnsas hereby amends § 168.02 by adding bit following definitions'. "DaylightZng" be to iemoNe if strum, crielc at natural drainage was or other wro cost from an mobs pipe and restore the wateavay to open all. Snemnsvide Protection "Lanes" are arena of trees, usually accumpanied by shrubs and other vegetation along a strcoal, river or sit orchne that is amounted to maintain file integrity of the waterway and to rcmme pollution. "Protected Streams Map" is the official map adopted by the Fayetteville City Council indicating the point where at least 100 acres drains into a waterway and the i equiruocnts of the Str intud de Protection Zone apply dmvnstream. "Top ojbank" is Ilse pohu along a strevobank where an abrupt change in slope is evident, and where the sirloin is generally able to overflow the banks and enter the adjacent Roodphiin during flow at or exceeding the average annual high water stage Section J. That the City Council of tire City of Fayetteville, Arkansas hereby adds § I68 12 Slnexedide Protection Zones, a copy of whleb is marked "Exhibit A" is attached hereto and nude u part hereof and 168,13, Section 5, 1hatthe City Colonel of tile City of Fayetteville, Arkansas hereby adopts the Protected Sharma map, a copy ofwhich is marked "Exhibit Ed is attached hereto and made a parthercof. Section 6. That the Cary Council of the Cite of i iycncvillc, Arkansas hereby adopts the Best Management Pructices Manual, a copy of which is accord `Exhibit L is atached hertW and made a part hereof, PASSED and APPROVED this the o[ ,2011, APPROVED: ATTEST. By. By. LIONELD .IORDAN.Ma,ci SONDRAC SMITR,CIty Cluk "EXHIBIT A" 168.12 Streamsible Protection Zones !OI Sabomaim, Hest Murde enf Forgers Manuel The City of Fayeoev11111 Standard Best Management Practices Man which may be etlminfsimilary changed by the City Engineer, shell be used sudden of The (chapter to explain specificadjectives and principles (B) Appllsaccern This ordinance shall apply in all land within the Electrode Protection Zones, axmpt for as provided below. (1) Undeveloped Iota created by a let split, concurrent or final plat application which was Mode letl or approved prior to the eReodve data of the ordlnenco, are exempt from the requirements of this section for the following time pauses (a) 20 months from the effective doteof this ordinance for bts and half(C) act, orless, (b) 10 months from the efledlvo date of his ordinance for lots greater than eone n ehalf(12) acre but leas than 1 or da 12 months from the effetlNa date of this ordinance forlola on, (1)acre or greater. (2) A prelim unary plat which was submitted rappmved prior to the efi date of re ordinance shah be exempt from the eventua la CI this section, pool the time periods listed heroin shag be in force from the date of final plat approval. (3) A us Colin act lNA permitted by an wipplmd bul0ing penntt, mnfdt was approved pnarto the effective date or [his ordiinance, Is eii from he ordinance. (C) EafaG/Wment of Oaelgnatetl Sri thyl The Spearhead Protection Zones shall apply to all crude waters meeting any old of the Creaky of If) All surface waters identified on the adopted Protected Students Indu0ing any pond lake or reservoir located within the roamer or ..age array of said autlooe water or (2) Any suhew water whore e floodway has been estaottMed by the Federal Emergency Management Agency (FEMAI (C) Sbeemaltle Pmteepe Rersinne is The 6treemelde Protection Zones shall be established as follmvs'. (1) Area 1: wwwassee Zone. The essence Zone shag added a mutant of25 feet dropped from the top of bank in each dlreIXlen, measured hoRionhlly a perpendicular to the top or bank and includes had surface water. (a) Sfeep slope. Sop, shall be calculated at the upstream and downstream Indoo y lines for every propeM expands with mom than 100 feet of stream frontage shell require addili,nal slope calculations at up foot l bromon4s, beglne fig at the upstream property line and ending at the downstream property blue added slops calculations ere equal to or greater than Pond the width of the Warburg, Zen, shall be n,t,nd,d by an addition,[ 20 feet at that point The boundary width determined each Powerful slow, ant point shall be coned by a continuous r to the boundary of the feelers�ae Zone guuatmuone upgrade in the Beat Menage m ant Practices Manuel). (2) Zone 2 Mangaamenr Zero The Management Zone shell begin at the outer edge ,flue Waterside Zone and lend forward 26 feet as measured ,,tend en a line perpendicular to Zen,1. The combined wlmn of Zones and 2eball be no less free, $0 feet from the top of bank on all sides C the snfacewaler. (a) Nooewey. Wbpre the floodway extends baryon the edge of the Management Zone boundary, said bounders shall be adjusted so that the m s o1 me extent ,f me fiooal consists atea by the most recent a0opted FEMP Flood Insurance Rate Map (FIR M). (3) Plyed shadow. When reviewing any development among or building permit application, the City Engineer may determine that human stroam,,d, been regulations snag not be applicable to that doubt of a frces for had been piped or enclosed "RXHIBI"PA" within a aloe rl or aim star con it tilt p dor to the adoption of ordinance M cam maintenance. (4) Determine Steams Crewed prior to Nit Pared lraua or other the effective dale of this ordinance and Iupgrades surfaces not subsequently dayllghtad shall only cnal 12 feet In width require easured a 5feet setback mM1em when the City Engineer the established top of bank Day lbgbted determines that mere Is no streams stall be mamtamed in a natural pmalcel and feesmte state by the property owner who shall alternauresuch area may net so be responsible for monitoring antl be used to park vehicles controlling tesir litter and pollutants. (vii)Sireem sags Inclutllist F) Avoided a s s/,ucowea and colors,, waye duve� roadways, hells, r rmin nthe stSpecimensFmrowon zones. railroads when he city thare l Engineer detccal (11 me are printedwithin the and prep kal and feasible mnsectio armed mated a zone meats ells matNe. of e the requirements this ma the Damages Flood PreventionCodethe�antl all d r ve o )vllp Misting anw and upgrades of ble requirements the City of applicable reWhere existing utility ledlltlesFaye. Whets a users nd t au e hota prettyeville_ butMarto ahermpurp use knit loin and in (IQ New facilities when the pi g the pumcea Cite Steam ngWy a1ty e there al e Protection 9treameltla Zones, the he andnfeasible o practical and lee sl ble o pre ti Engineer may be ydlie the usetobe alternative other allowed All other uses shall be prohibited (x) Management of lawns and guNerti but no meManleetl (e) Zone T. waterside Zone. The cultivation is ancwed. ordered may be permitted m the wetersltle Zone, the puon, (xl) Removal of deed vegetation moansprovided of the slmmsuJdi nrng for reasons of public indeBosted? Management P2IXIws Manuel Management re (sly removal of InvasNe andu bet these where and species pe anyble and Net these v and any eery cDnslmtll (xlb Application of any fertilizer Is t e impact and bull to e the Imped herltiada, pesticideb. and mini .area exa n snarl be on any excavation naot mnag l�ru. omv rr theta nannte only if their ffeC on ale nEe.press omy be she inert ,far quality ie prevamea by Cif euthomedn of the City Engineer Wig no or NI gm6ng_ oceppllcadnn misapplication occurs. excavation or Rare CoNy or Rare most rearry l wmply soldanfed II ey local, al, plo)M nw of drainage stele and federal pounds capacity the channel pacify channel removal tea and sediment .amoral. dy Open maw uses that are era primarily passive character (,..)thew commoner nvw eyans dutling: preserves. fishing adds, the City Engineer areas and doves, parkland, and determines that these is no natural treds eternal and feasible alternative. fir l) Clambake restoration or pectiation. gre Zone 2. Management Zon,. gmp were, wain n wing, st nveyances (p New a co tithe education and scientific City tom neer studies determines that there Is n pnNwl and fecande tiv) Reveal and beforestaten_ aftematsve and provided the "EXHIBIT A" standards of the slreamslae Best Maddemeni Practices poll shall be priced q,) At uses wdmm me watomde Zone with the accepted of fificarnewaser countenances provided that compliance will the standards of the coasts ltle Ball Man$gemen! PontIces Manual not required but encomaeed on accessory structures without a foundation and be larger then 150 square feet Induslnd storage sheds, Playground equipment gazebos, debug (Iv) Active recreational uses. (2) ESIabGehmanl of the following methadone, after the effective data of the ordinance shall be prohibited an both Steamalde Pmieotlon Zonesexcept edge nicessary to allow an activity perm orw by S,dion (E)(i), (a) Grading, dredging, dumping, filling, or sumlar Uncommon efl (a) Landfills mobyrds, salvage yards_ (q Clearing of non mvaewo vei vegetation. (tl) Storage of Haze rdpus r atedms or chemicals rwithin waterproof containers Thinks ,thin astructure (a) Poland this. (q change and foregoer, surfaced with e ounding footprint larger than 150 square feet. (g) forcing or storage of motor vehicles (h) Septic systems andlor lalelal lines. O Inground pools. Q) Animal feedlots or kennels. (q flousing, ground Ober manterence of llvesorcko Qi cultivation. (m) Land application ofpassing . uff C,JS'Jng lend use exemptlonc The rollowh@ acNAtiad and ewaume a ahead fin continue within the terearnere Protection Zones, passed that the provisions of the Flood oemegc Prowniven Code and all outer footage, regulations shall be ,formed Tt Existed user. EMIstIITq uses shall be compct to continue in their present state, but may not be elarged. stroended, oved wane m, urwbe protected zones. A use or activity shall be ex sting hills present antl attend with, the Btteamslde Protected Zones as of the effective date of this ordinance Uses and activities ,eto be exl align under the following conditions (a) Agnwdurel and amnia such y awluss. The vacancy cease to be existing when the area which they w banner had been rved,d to a Topographical ua or of has Ian Idle for facts than e ighte n (18),,,z, m vem,nNa. do Ailman uses This ordinance sMW apply on tint , is converted prompt ado. 2) ExasongpnntlpalsWotunes (e) H, apedoclon wtlhN e4&Ing footponl. ExistnB principal Snaore, a, of effective sae of this ordinance may be redeveloped cted width the same footpMtt Of Miner ederettcns Minor alterations oradutha sto of pacttq drurbou, such by avung or deck, shall also be o mhled, provided Ise moditoetion, rip not extend more than ten(ith feet much towardme surface water than are signal foundation ofthe pdndpal structure, aid do not chain Into the Waterside Zone. O Bonn to convent Occconp. If a dropped structure lies buffered flooding front streamthe owner may constmm a berm to hopectthe pnndpal aWcWm if approved by the City Engineer as to the came slloq eke and compapoh,, Revegehgon of the demean area rrexe)e)r A" and berm shall be In mundane, with Ne Best Management P2tllws Manual. At Emader es. Pinions taken under emergency mndfifia s either to prevent mfontfarm ardangerto Measure or toprotect property from Imminent danger of pm, violent storms, or other hazards (C) D wayoouni Appllnntlon Pmwfurce (1) All persons required to submit an application pursuant to Cnapter166 of the City united Development Code Shot also anew In, lowton and type of ,roam water the top of bank, Zone I Waterside Zone and Zone z Management Zone boundarom and alopi when any When of the properly being developed fans wubm the Summslde Protected Zones. The same snag also be identified em bunamg. friendaemmiion and grading permits. (2) An applicant may oquoaf that file City a between Administrator perform a sore visit to mew conditions on ,it, ,if the spolloart' to assist making determination of tap e( bank location and widths of the Waterside Zone and Manage maN Zones (3) A final determination of any boundary shall be made by the Cry Engnteeror separated representative , where there is question as to its location or said. (n) saeamsma p,maalen ,ncaawos and ao,Arabon (1) Prior to any land clearing by eon mains afnd activity, the Slroenffis, Protection Zone boundaries ,ball be eund bootlegged on site by the applicant, and such belnneeflen fresh be maintained Ihro-ughont wn,foclen activities (2) A site -inspectionfollowed by periodic nspeoflons sound construction will be conducted by the City Engineer on designated representative to compoanm won the St eamsltle Pmtecion Zoneommanoe_ (3) SloamsJe protection zones shall be pmfeoted from on,Wcion activity except where necessary to allow a activity permitted by Section (E)C)_ to prevent Impacts, handful capable Prss is sandlot in me 6t eensae otectlBn Zones Adept at permaieb sings. Moral at Careful venloles, ordered debris spoils o equipment a panlbllet nthe dProtection Zones. Before Ding any demanded activity, in, account snarl Install silt fencing on the site at the outer edge of the Management Zone or ad directed by the City Engineer. the City Engineer may coup other deal measures based spathe Inelegant cnea del Wce of the site and de proposed Aonstiul methods. It the requiretl barriers ZonCunting the Sheathed Commuter es are not adequately maintained doing Co the City Engineer shall presc�a remedial measured and mayissue a stop work order in rdanee with §15207 All damages operated shad be enhanced within the specified amount of tine and shall be considered prior to granting final plot r approval o issuing odtcato f occupancy "Exh ftlt8" r Faye Fayetteville Sheamside Protection Zone \T y -_ j . Mile a Exhibit C" Streamside Protection Best Management Practices Manual The citizens guide to preserving and protecting out streams • aye evlle Adopted on by Ordinance No. 4y Introduction Ordinance Requirements for Property Maintenance LAWN & GARDEN CARE 6 PESTICIDE& FERTILIZERAPPLICATION 9 REMOVING VEGETATION 10 IN -STREAM MAINTENANCE ACTIVITIES 12 ADDITIONAL RESOURCES 14 Helpful Information for Property Maintenance SOILEROSION 15 REVEGETATION: WHATTO PLANT 16 PETS & PET WASTE 18 Ordinance Requirements for Development and Construction STREAMSIDE PROTECTION MEASURES & CONSTRUCTION 19 STREAM CROSSINGS FORTRANSPORTATION 20 UTILITIES 22 PAVED TRAILS& IMPERVIOUS SURFACES 25 STORMWATER OUTFALLS 27 MRIGATION PRACTICES FORAPPROVED VARIANCES 31 LOW IMPACT DEVELOPMENT 31 The City of Fayetteville adopted a Streamside Protection Ordinance to accomplish several goals: I) Reduce Pollutants in the Waterways: Pollutants damage fragile ecosystems in our drys waterways and increase the costs of treating drinking when, which has a direct eli t on water rates. 1�6Senofift 2) Preserve Flood Capacity: Healthy streamsldes result in less flooding by providing greater infiltration capacity and slowing down smrmwater that runs into the streams. 3) Protect the Integrity of a Natural Resource: Protecting the streamsides ensures greater recreational and nature enjoyment for current residents as well as future generations. of a elreamside buffer The ordinance establishes streamside protection zones along many ks Stabilize er sestrdiment and the Fihnenda, ment of our Gtys steams and esxblishu protective requirements within ides, a nuVlenis, pesddtles, and those streamside buffers. The Beat Management Practices (BMP) pathogens bound to the manual provides guidance for complying with the requirements sediment adopted in the Streamside Protection Ordinance. A streamside Pedectgroundwater an0 drinking water supplies buffer may also be called a riparian or forested buffer. It is the Improve aquatic habitat area along a stream that area as a buffer between the waterway and Improve wildlife habitat activities that have a negative impact on the aquatic environment. provide visual interest 'These buffers protect natural habitats, reduce the potential for 7, 1 Protect against flooding flooding and filter pollutants such as sediment, nutrients, bacteria, `y. Provide shade trash, emerging contaminants and vehicle pollutants. Fayetteville is home to countless numbers of streams. The adopted ordinance affects streams that have at least 100 acres draining into that stream, which means It's typically a stream that runs year-round. However, this BMP manual can be used to protect smaller streams. Approximately 25 percent of the area affected by the ordinance is public property, often located in dry parks and near trails. The rest of the area is owned by private property owners, which means that the entire community has a responsibility to ensure the protection of Fayettevillei waterways. City of Fayetteville: Streamside Protection Best Practices i* Streams identified on the Streamside Protection Map will have at. least a 50-foot buffer applied from the Cop of bank. Visit viler or the Development Services office to view the Streamside Protection Map. If your property Contains or borders a buffer zone, the extent of the buffer should be measured from the stream's Cop of bank, as follows: Waterside Zone —25feet from Cop of bank, and an additional 20 feet if the slope exceeds 15N ". Management Zone — 25 feet from edge of Waterside Zone or to the edge of the FEMA floodway, whichever is greater. '[Slope shell be calculated at me upnream and dmvuscmm Pmperrylines for property. pmpemes that exceed too feet to width shall squme additional slope calculations pe calculations at Ion foot increments.] Protected Streams teeesv_m,a� eer emr.� w .. City of Fayetteville: Streamside Protection Best Prncfices �� 9s Streamside Zones: Cross section THE NNATERSIDE ZONE ExIENDS AS FEET FROM OOFSAW H0 °'�""ro EEEMmE. 0SFOR SLOPE EXCEEDS DRAnoO�„. ,w PT.EM"xDEZONEeo„�IED OR LESS E.oER$IDEZOGREATEOESONREADIESMTN THAN 16% SLO Streamside Zones: Slope Diagram (Aerial View) 2B AN F: 17 SLOPE INASPRUIENT FORDS — ®EwAERaeE.PUE —a.. He Oo eaxE ate. 010 TON OF REREAD FLM EDGE OF NANANOMENT zoxE MEASUREMENTS TAKEN AT 1 M FOOT ®wE.Ex. ZONE wxnxEVEA iS THE SHORTEST DWANGE. City of Fayetfevllle, Streamside Protection Beet practices) J ¢quirements for Property Maintenance Live goal of buffer management is to develop a self rusramablc, variable -aged stand of mixed new, shrubs and gmundcover Witt' a floor of either leaf litter and debris, or mulch. Dense, vigorous vegetation protects the soil from raindrop impact, a major force in dislodging soil particles and moving them down slope. The shielding effect of a plant canopy is augmented by roots that hold the soil, improve its physical condition, and increase the ram of infiltration, plants also reduce the moisture content of soil through their uptake of water and transpiration, the process by which moisture escapes through their leaves and stems, thus increasing the mils capadry to absorb warm. Large new and carefully designed buffers may dramatically Inaease property value. once established, vegetated buffers do not require maintenance beyond the routine procedures and periodic inspections. LAWN AND GARDEN CARE Ordinance requirements: • Managing your lawn, and garden, is permitted within the stro mside protection wines; however, the best care of a buffer area is a hands -off approach. In the Waterside Zone, the best management practices are required; in the Management Zone, th best management practices are encouraged. • New lawns and gardens may only be created within the buffer are if the lawn would not replace wood vegetation. Many properties have existing lawns and gardens that already extended into the buffer prior to the establishment of the streameide buffer and are grendfathered in under this ordinance. • Some Ciry, parks are included in the properties than have existing lawns within the buffer area. Some of roue lawns have playgrounds or other recreational more, which will continue to require that the lawns be mowed more frequently than several times a year for ceasow of public safety. Mowing take during the season is usually enough. Mmv lust before annual weeds produce secede to keep the seed from along. Soil testing is available free of charge. Contact the Washington County Extension Office at (479) 4 1755. while betterrnan bare soil, do not provide all of the required burin functions and may actually cantdbWe to handrail source pollution through the application of s and reatinlders associated maintaining a lawn. wgM1 maingining a lawn. City of Fayetteville: Sheamside Profedlon lest Practices g t a* Why are lawns and gardens discouraged in the streamside streamside protection zone? Manicured lawns do not perform important buffer functions like preventing erosion and slaving waver runoff. The root systems of manicured lawns are not deep enough or strong enough to prevent stream banks from eroding, which can lead to loss of property. In addition, lawns typically are not tall enough to adequately slow dowpnm water as it runs into the creek, preventing filtration and causing Additionally, manicured lawns angardens water surges during storm events. will often require the application of fertilizers, herbicides anpesticides, which increases the likelihood that these pollutants will, enter the water system. ♦ Lawn care consumes more Leaves and grass clippings naturally contain nutrientssuch az M1erblcldes per acre than amst farmers broadcast to phosphorus and nitrogen, which means that these pollutants can grow crape. enter the waterways when leaves and grass clippings are swept into - UACommunnycesign the butter areas. Leaves and grass can also dog storm sewers and coeroveloLLowe 0 en drainage swales and contribute to localized flooding. Manual -the nutrients that create fertile soil for gardening also foster algae growth In waterways. When possible, property owners should locare 'de fth protection zones. gardens and compost plies aura o e What do I do? property owners can help protect streams by employing the following best practices Lawn and Carden Management Practices: ► Limit treatment with herbicides, pesticides or fertilizers. ► Mow on the highest setting on your lawn mower. ► Reduce the frequenry with which you mow to only several times a year within the buffer area, provided the property does not become unsightly or unsaniory as outlined in Chapter 95 of the Fayetteville City Core - No Dispose of leaves and gone clippings outside of the City of Fayetteville: Sireamside Protection Best Practices _r s streamside protection zones Faindavitle oRers a weekly ► Make sure leaves and grass clippings are not raked to or curbside Yard Waste disposed of in the street or other water flow route where the Service to city residents currents they contain can be washed into streams. as an environmentally ► Sweep clippings and leaves off paved surfaces and onto lawns. conscious means for ► When possible, property owners should locate gardens and disposing of wind waste. The City collects yeN compose piles outside of the soreamslde protection zones. waste in the form of grass, ► Position garden rows parallel to the stream to reduce potential leaves and brash. The City sediment and nutrient rani entourages padcipetien in ► Establish a small buffer around the garden to reduce potential some farm of yand waste reuse, whether it is Me Yard sediment and nutrient runruff. Waste Service, backyard rempasting, or fine use of a Other Alternatives: mulching lawn mower. ► Convert such lawn areas to woody vegetation or native grasses that are not mowed. ► Ifyou would like to have access or a view of the stream, then you mold create a small area of low growing vegetation that will preserve the buffer and the wildlife corridor. City of Fayetteville: Streamoide protection Best practices PESTICIDE AND FERTILIZER APPLICATIC Ordinance requirements: • Fertilizers and pesticides may be permitted when applied in conformance with the following standards. Storage of hazardous materials or chemicals in the streameid protection zone is prohibited unless stared in waterproof cot in a garage or shed protected from precipitation. In the Waterside Zone, the best management practices are resold'. in the Management Zone, the best management practices me encouraged. Why is the use of chemicals on the lawn discouraged? Chemicals contaminate the water supply. Chemical treatment i be required to counter the tenacity of invasive species or Insects because of dangers of unintended damage to the underlying or vegetation or "good" insects, chemical use should be the choice last or extreme resort. What do I do? ceeraiaals 10 M, ► Use in the streamside protection zones should be limited and approved for use adjacent to a water body. ► Pesticides should be applied directly to the roots, bark, leaves and/or stumps using devices such as a hand sprayer, tram brush, wand or hypo -hatchet. f ► Applications should occur at least two days prior to a rain event. ► Consult with a knowledgeable source such as a county extension agent to aware use of the appropriate chemical at the correct rate. ith—appliston of lawn len0izer No Adhere to the manufacmrefs recommendations to ensure the safety of nearby surface waters. ► Complete anvils analysis to identify the property type and quantity of fertilizer needed. Sol[ test kiss can be obtained through the Washington County Extension Office. City of Fayetteville: 5tri amside Protection Best Practices 4a ► Stare all chemicals in waterproof containers in a garage or shed protected from precipitation. No Buy only what you need to reduce the need to store leftovers. REMOVING VEGETATION Ordinance requirements: • The removal of living trees and woody plants is prohibited in the streamside protection zone, unless the removal is needed to maintain drainage capacity in the stream channel. In addition, removing dead vegetation, invasive species, and pruning is allowed. In the Waterside Zone, the best management practices are inquired; in the Management Zone, the best management practices are encouraged. When should I remove vegetation? In a natural setting, dead and dying trees are a natural part of forest succession. Dead standing trees and logs on the ground provide food and shelter to many organisms and provide nutrients to the young forest vegetation as it grows and should not be removed unit they threaten to undermine the integrity of the stream bank of crew flooding hazards. Naturally occuring leaf litter, twigs, and branches re an essential part of the buffer, functioning to retard run-off and return nutrients to the soil. Snags, or dead standing trees, offer nest and perching sites for many wildlife and bird species. However, tta that are diseased or infrared may have m be removed if the disease or e insects threaten other trees and other control methods, such as chemical application are likely to damage the adjacent waterway, Minimal pruning should be required because trees will self -prune as lower branches get shaded out. Trees grow most efficiently when there is enough canopy to provide plenty of food for the tee. Overzealous pruning can result in the loss of food production so that trees become stunted and may take time to regain optimum growth rates. Removal of vegetation should also be considered when invasive species rhrauen ton over-ruor out -compete native Trees and shrubs. City of FayetlevNe. Btreamside protection teal Precfices 10 0& Control of non-native, exotic species, or even invasive native species, may be justified when this happens. What do I do? ► Leave stumps and roots in place to help bind the soil, if they are not a danger to life or property. Leaving an otherwise healthy stump can encourage new growth and regeneration. ► Contact a certified arborist if tree is diseased or infested and threatens other trees in the vicinity. A list of tree pruners/ tree services certified by the City of Fayetteville is available at tceadyetteville.org. ► Prune trees during late fall, winter, or eady spring while the plants are dormant. Pruning while the tree is dormant helps reduce problems with losing food production while actively growing and decreases the risk of infection. ► When pruning trees and shmbs: • Correct multiple leaders as soon as possible. • Leave side branches until they are I inch In diameter, but remove before they become 3 inches In diameter. • Never cut out more than 25% of the crown of a tree. • Fecaln at least 2/3 of the tree height in live branches to protect tree health. City of Fayetteville: Sheamside ProtectionBest91 IN -STREAM MAINTENANCE ACTIVITIES Ordinance Requirements 4' • Maintenance of drainage capacity in the channel maybe permitted including tree and sediment removal. 'the best management practices are required because the channel is in the waterside zone. Why should caution be exercised when removing sediment? Streams are complex natural systems. Gravel bus are natural components of some stream types and some locations are naturally subject to sediment deposition. When sediment is removed from a stream channel, further deepening of the channel as well as bank erosion often occurs. This could lead to properry damage or into during high How events. Sediment removal at one stream location can also lead to bank failure and properry loss at upstream locations as well. Downstream of when the sediment has been removed, all the newly eroded 'vduened channel and preory loss sediment collects. This restricts the channel flow, often causing resuang ream Improper sediment extreme widening of the channel. This sediment deposition can removal result in property damage or loss during flood events for downstream neighbors. 4 Sedimerdindaeslraamand banks may range in an Why should caution be exercised when removing ficm silt and sand to gavel, cobbles and boulders. trees within the channel? Many healthy trees lean over to catch sunlight and remain that way for many years. Determination of tree removal should consider a variety of factions, Including the tree's overall condition, its potential for falling, and the amount of undercutting it may be causing. What Do 1 Do? ► Ratme the channel to a width and depth consistent with the width and depth observed at a more stable channel location in cans where that has been a significant change in the flow .= city of Fayetteville: streamslde Protection Best Provinces 9 area of the channel. I ► Remove blockages such as large trees or debris that are underneath or against a bridge or culvert to maintain or protect approaches to stream crossing structures. ► Leave stumps unless the stump is obstructing flow in a harmful way. If possible cut the stump flush with the existing ground. If stump is removed back fill the hole with soil or rack to stabilize and revegetate the disturbed area. ► Do not remove large rock and boulders from a stream. Gravel bars, rocks and boulders all help reduce flood power, keep a stream stable and provide valuable aquatic habitat. ► Do not place loose gravel and material on stream banks or build up artificial barriers, debris piles or levees. This will prevent the stream from spreading out on the floodplain and will increase water velocities and associated flooding downstream. No Contact state or federal resource agencies about obtaining the required permits for in -stream activities. ► The Corps of Engineers can provide guidelines for responsible methods of sediment removal including how heavy equipment may be used. Heavy equipment in the stream such as bulldozers should not be used in the creek without proper permits and approvals. No A Corps of Engineers permit is required when more than 25 cubic yards of fill material will be used below the "ordinary high water mark" (the approximate yearly flood level). US Army Corps of Engineers, Beaver Lake Project Office, (479) 636-1210 or 1-by9 it ► Arkansas Department of Environmental Quality may require a permit called a Sbort Term Activity Authorization for stream activity with the potential to create a water quality standards violation such as turbidity. Arkansas Department of Environmental Quality, (501) 682-0645 or hap://www.adeq.srate.acus/ 4* racks Provide stream oaeu and renal square habits 11 oomt remove gravel where deepening m thechannel is the pnmau cause elf the instability as grovel eNactien will only accelerate the problem. City of Fayetteville: Streamside Protection Best practices 9� 4& ADDITIONAL RESOURCES ► Washington County Cooperative Extension Office and U ofA plants database http://w..uhomeandgarden.org/l=dscaping.htm 479444-1755 ► USDA Plant Database http://plants.mda.govl No "Go Native When You Go Green!" http://w..fayettevillermtuml.org/=rfileslfile/Northvmt%20 Ark%20Trees%20md%20Shrubs.pdf ► City of Fayetteville Tree and Landscape blamed Listed on the City Parks and Recreation website under `Urban Forestry' hap://w ..acassfayeat dle.org/governmendparks_md— recreationdocuments/ ► University of Florida & USFS Northern Tree Database hap://lyra.ifas.ufl.edu/NorthemTrees/ ► University of Florida Landscape Plants Dambase hap://hort.ifa .ufl.cdu/woody/ ► National locative Species Information Center http://w..invasfvespeciesinfo.gov/unitedstates/u..shtml City of Fayetteville. Stmamside Protection Best �' Maintenance SOIL EROSION Whal wrong with bare soil? The Environmental protection Agency lists sediment as the most common pollutant in rivers, streams, lakes and reservoirs, causing $16 billion in environmental damage annually. Area waterways, such as the West Fork of the White River, are listed as impaired for sediment. Sediment entering waterways degrades the quality of drinking water, wildlife and the land surrounding streams in several ways: • Sediment fills up storm drains and catch basins that carry water away from roads and homes, which increases the potential for flooding. • Sediment in scream beds destroys habitats for the smallest organisms and causes massive declines in fish populations. Sediment increases the cost of treating drinking water and • can insult in odor and taste problems. • Sediment particles carry other pollutants such as phosphorus, pathogens and heavy metals. What do I do? ► Inspect areas for bare sod after heavy rainfall. Focus on gully erosion, the density of the vegetation, evidence of concentrated water flow through the areas, and any damage from foot or vehicular tru ic. ► Plant ground cover vegetation or use wood -chip mulch or landscape fabric.. ► On steep slopes, plant a vigorous ground cover and avoid turf Russ that requires mowing. City of Fayetteville. Streamside Proledion Beat Prochme REVEGETATION: WHAT TO PLANT Why are plants, and native plants in particular, important in the streamside protection zone? The vegetation planted in the streamside protection tune greatly fiff marts the effectiveness of the buffer. The vegetarian's toot systems and density will significantly affect how well the streambank is protected. Property owners should be aware of the distinction between noxious weeds or invasive species and native plants. For the purpose of this manual, "noxious weed" encompasses any invasive species that has gotten out of control and has become harmful to the health and survival of the woody vegetation in the buffer. Invasive plants firmer natural habitats by choking out native planes, altering the local ecology and potentially threatening local animal species. If an invasive species is performing a desirable function such to l preventing erosion on a bank, it should not be removed without replacing it with vegetation of at least equal value for erosion control and water quality functions. Some common noxious species are Japanese honeysuckle, kudzu, mtlra-minute, multi -floor rose, English Ivy, all privets, and winged euo rymus. What do I do? ► Plant native plants, which are already adapted to the area and generally withstand local weather and soil conditions. They often require less ongoing maintenance, Including watering. Native plants are naturally resistant to insect pests and diseases and by planning them not only are you are helping prevent the establishment and spread of Invasive non-native plants, but also protecting the local ecology. ► Replant in such a way that minimizes disturbance to the root systems of existing vegetation. ► Avoid planting invasive species. Invasive Species tend to spread uncontrollably, repataBning other, especiaWy native, species, some native species may qualify as an invsslve. by all fresh, and euonymus City of Fayetteville: Streamside Protection nest Ptadices is Examples of species suitable for planting in riparian buffers. 0 City of Fayetteville: Streamalde Protection Best Practices 17 in PETS AND PET WASTE Does pet waste really affect our streams? The EPA has placed per waste in the same category of nonpoint source pollution as oil and toxic chemicals. It is considered a major pollutant and contaminant of waver supplies and is one of the most common sources of nutrient load in waterways. Pet waste in lakes and streams can use up and lower oxygen levels, killing fish. Nutrients from the waste can encourage weed and algae growth, which is harmful to a healthy balance in an aquatic system. What do I do? ► Kennels are prohibited within the streemside protection cone and should be located away from any drainage paths leading to the stream. Kennels as defined in the Unified Development Code are structures or facilities used for the purpose of breeding two or more litters within a 12-month period or a facility that keeps animals commercially and has open dog runs. ► Pet waste should be picked up regularly and disposed of in the trash. City of Fayeltevllle: Streamside Protection Best Practices �l 9 Ordinance Requirements for Development and Construction STREAMSIDE PROTECTION MEASURES AND construction activities can CONSTRUCTION be particularly damaging to the otreamstde Ordinance Requirements zone. Some msuffs of • Prior to any land cleaving or soil disturbing activity, the Streamsidc construction disturbances protection Zones (SPZ) boundaries shall be dearly delineated on in the streamside zone are loss of site by the applicant, and such delineation shall be maintained permanent vegetation, permanent less throughout construction activities. of watermigration due to • A site inspection followed by periodic inspections during soil compaction, abortion construction will be conducted by the City Engineer or designated Of natural water runoff to ensure compliance with the Streamaide puff ors, and an avenue for representative Protection Zones ordinance resume weeds to astonish • Streamside protection zones shall be protected from construction themselves. activity. To prevent negative impacts, construction vehicule access is prohibited in the SPZ except at permitted crossings. Storage of construction vehicles, materials, debris, spoils or equipment is prohibited in the SPZ. Before commencing any construction activity, the applicant shall install silt fencing on the site at the outer edge of the SPZ, or as directed by the City Engineer. The City Engineer may require other protective measures based upon the individual characteristics of the site and the proposed construction methods. no • If the required barriers surrounding the SPZ are not adequately maintained during construction, the City Engineer shall prescribe remedial measures, and may issue a stop work order in accordance with 4153.07, • All measures shall be completed within the specified remedial amount of time and shall be considered prior to granting future inspections from any other city division, final plat approval or issuing a certificate of oecupanry. • -Ihe City Engineer may require other protective measures based foil conversion during ism nwak upon the individual characteristics of the site and the proposed construction methods 6 Sol compaction by heavy equipment can reduce water intake of soils to 5 percent or less of the original rate. City of rayonevigo 5treamside protection Best Practices in STREAM CROSSINGS FOR TRANSPORTATION Ordinance requirements: Stream crossings, including driveways, roadways, trails, or railroads, provided they are designed and constructed to minimize the impact upon saeamside areas, and result in minimal amounts of excavation and filling and are in accordance with required local, stare, and federal permits. Minimizing Stream Crossing Impacts Consideration of the following elements will aid in reducing the Impact of stream crossings: ► Minimize or reduce stream crossings through proper planning. ► Minimize the amount of excavation and filling. ► Maintain the dimension, pattern, and music of the stream. ► Minimize scour, erosion, and flooding. Methods to minimize stream crossing impacts: ► Construct stream crossings during periods of low flow. ► Locate crossings where succumbed and banks are composed of firm cohesive soils to minimize erosion. No Design crossings to reduce the possibility of obstructions such as debris and silt blockages through the minimization of channel obstructions. ► Bridges and bottomless arches, wide enough to span the stream and allow for some dry, ground or an artificial ledge beneath the bridge on one or both sides are preferred and should be used whenever possible. No Bridge soffits; should be a minimum of one foot above the height of adjaavt banks --high enough to allow wildlife passage. ► Exceptionally wide stream crossings may be allowed to milize piers in the channel under the discretion of the City Engineer. City of Fayettevite. Streamaide protection Itteat Practices 4 a, ► Maintain a natural substrate underneath the bridge. If concrete is necessary to prevent scour, then it is recommended to cover the concrete with a natural substra ► All disturbed areas shall be revegetated immediately upon completion of the work ► The use of cuhstts should he avoided. If culverts must 1 used, the following installation guidelines should be fuller • Provide water depths and velocities (at low flows) matching natural areas upstream and downstream c crossing. • Create no drop-offs or plunge pools and no consarb of the channel. The practices listed may be subject to additional regulation per UDC Chapter 168 Flood Damage Prevention Code, Chapter 169 Physical Alteration of Land, and Chapter 170 Smrmwater Management, Drainage and Erosion Control. City of Fayetteville: Stre smside Protection Best Practices _ ✓ n" UTILITIES Ordinance requirements: Maintenance and upgrades of existing unity facilities are allowed in the Waterside Zone if BMPs are followed. BMPs encouraged in the Management Zone. • Installation of new utility facilities are allowed in the Mango Zone, and may be allowed in the Waterside Zone if they are designed and constructed to mmunize the impact upon stret areas and in accordance with required local, state and federal permits. This requirement also applies to the installation of Facilities in the waterway Itself. Establishment of Easements: ► New utility easements shall be specifically labeled for the of utility intended. ► The width of the easement shall be limited to the minim width necessary for the utility's Installation and malntene Maintenance, Upgrades and Installation of New Utilities: ► Once started, carry out and complete construction with' delay. Leaving construction work incomplete increases r erosion and sediment transport. ► Where clearing is required, limit or delay grubbing until grading and construction is ready to proceed; the root m and associated organic matter provide substantial cousin' control. • Clearing ahead of the point of construction may i exceed 500 feet. • Except for clearing, the maximum length of thou work area, including grubbing, shall not coceed 3 feet before temporary sabilization is made with,: minimum, seed and mulch. • Permanent soil stabilization with perennial regent or other permanently stable, non -eroding surface be initiated within 14 days after final site grading City & Fayetteville: Streamside protection Best practices 22 46 • Implement erosion and sediment controls that meet or exceed the requirements set forth in UDC Chapter 169 and 179 and the Arkansas Department of Environmental Quality ► Access maintenance comes shall be limited to 20 feet in width and, when possible, shall approach manholes, risers, valves, r other appurtenances perpendicular to the stream rather than running the length of the utility line to minimize post installation clearing in the buffer. ► Leave stumps and roots 1n place when trees are cleared to help bind the soil, if they are not a danger to life or property. ► Prepare and maintain on site a Stormwater Pollution Prevention Plan (SWPPP) for construction sites over one acre (Required by the Arkansas Department of Environmental Quality) ► File a Notice of Intent with the Arkansas Department of Environmental Quality for construction sites over five acres. (Required by the Arkansas Department of Environmental Quality) ► Sediment and erosion controls shall be installed prior many surface disturbance activity, such as clearing or grubbing. Installation of Utility Stream Crossings: ► Crossings shall be contained within the footprint of an existing road or utility crossing where possible. ► Stream bank stabilization to protect new structures f om future channel migration shall be accomplished through vegetative or flexible linings. The utility installation shall not increase or decrease the natural rate of channel migration. ► For above grade utility crossings, pier locations shall be planned to minimize or avoid placement in the stream. ► Below grade utility crossings: • The installation shall be accomplished by directional boring or jacking beneath the scour depth of the water body and channel migration zone, where feasible. • Where directional boring or jacking are not feasible, detailed plans showing bow flow will be diverted away from the area during construction (use of coffer dams, City of Fayetteville: Stormaside protection Best practices �y temporary culverts, etc) and how the channel will be rehabllitated to its pre alteration stare following installation of the utility are required Utilities shall come at an angle perpendicular to the channel centerline, or as near to perpendicular as possible, whenever boring under the channel is not feasible. Below grade utilities shall be encased In steel, to minimize maintenance needs, and buried to a depth sufficient so as not to alter the flow of the stream, catch debris, or cause erosion or deposition. 11 City of Fayetteville, Sheamside protection Best Practices PAVED TRAILS AND IMPERVIOUS SURFACES Ordinance requirements: • paved mails or other impervious surfaces not exceeding 12 feet in width are permitted in the Waterside Zone. Trails, like any impervious surface, prevent infiltration and require the removal of vegetation, which can compromise the banks stability. However, the trails systam also offers multiple benefits to riparian areas: • By creating a place for public enjoyment along the stream, the trail brings people in contact with the stream to appreciate the natural beauty and report dumping or other detrimental activities. • The Adopt-A-Ti it program has been very successful at attracting volunteers to pick up liter along the trails and stream corridors. • The trail provides educational opportunities along the stream by providing easy access to the unique and diverse riparian corridor. Children an come in direct contact with the streams and grow astronger appreciation for the natural systems. • The tail provides access for equipment co remove large debris or trash and repair impaired areas of the stream ro prevent future steam bank erosion through naturalized repair methods. 'the following best management practices are required in the Waterside Zone and encouraged in the Management Zane: illepaimeme ► Locate trail as far from the `top of bank" as practicable. ► The existing vegetated buffet between trail and "top of bank' shall be maintained to the extent practical to protect significant trees and sensitive areas such as stream edges or ► once started, carry out and complete construction without delay. Leaving construction works incomplete increases risk of erosion and sediment transport. City of Fayetteville: 5treamside protection Beef practkes un 25 4y ► Where clearing Is required, limit or delay grubbing until grading and construction is ready to proceed; the root masses and associated organic matter provide substantial erosion control. • Clearing ahead of the point of construction may not exceed 500 feet. • Except for clearing, the maximum length of disturbed work area, including grubbing, shall not exceed 300 feet before temporary stabilization is made with, at a minimum, seed and mulch. ► Final stabilization shall be done using native plants to match or exceed the quality of vegetation existing prior to trail. ► Implement erosion and sediment controls that mat or exceed the requirements set forth in UDC Chapter 169 and 179 and the Arkansas Department of Environmental Quality. ► If a utility easement is established, and has been previously cleared end disturbed, the impervious surface shall be located on the utility easement to minimize the overall amount of disturbance. because it ► Concrete shall be required. in flood prone area. has a greater reslsmnce to flooding conditions than asphalt, requiring less repair and overall land disturbance. ► If there is an exposed cut bank or highly eroded stream bank on the same property as the impervious surface being constructed, the bank shall be stabilized using natural channel design methods at the time of trail construction. All bank stabilization shall receive approval from the City Engineer, prior to land disturbance activities. ► Sheet flow drainage conditions from the impervious surface and its appurtenances are required. Where flow is concentrated, the methods in the flow diffusion section of this manual shall be used. ► Turf grass Is allowed 5 feet from the edge of the impervious ur sface to allow for periodic mowing. Beyond 5 feet from the edge of the impervious surface, native plants shall be used where revegetation is necessary. I City of Fayetteville: Strearanka Protection Best practices STORMWATER OUTFALLS Existing sommawater conveyances on site or accessible to the site re the preferred location to direct stormwater runoff from the she Existing conveyences utilized for additional stormwater flaws shall be modified in conformance with best management practices for new facilities. Ordinance requirements: New stormwaeer conveyances where no conveyances exist or are accessible to the site may be permitted In the SPZ provided the standards of the Stmamside Best Management Practices Manual are followed. Minimizing Stormwater Outfall Impacts: All of the following Best Management Practices shall apply to new stormwater conveyances through the SPZ: No Minimize sediment loads and trash prior to ecuance lawthe UZ through practices such as: • Stilling Basin • Outlet Sediment Traps • Grass Socrates • Check Dams • Bioretentlon Cells • Enhanced Detention Pond (See image below) • Prevent Short Flow Paths • Extended Dry Detention • Retention Ponds[Wet Ponds • Sediment Forebays • Meandering Low Flow Channels • Mitaopools • Marshes • Plunge Pools • Pond Buffers (25 feet minimum) • Rip -rap pilot channels ► Design for a minimum number of discharge locations to the stream and choose an alignment through the SPZ which will city of Fayetteville, stra niside Protection Best Practices result in minimal clearing of existing vegetation. ► Design for minimal amounts excavation and no fills SPZ. ► Convert flow to a velocity that is nomrmrsive at the year design storm before h flow enters the stream, practices to achieve velocity reduction Include: • AipRap Aprons • Level Spreaders • Check Dams • Oudet Sediment Traps ► Angle the discharge into the direction of flow of th water to provide a more natural confluence if possil ► Design to minimize the long-term impact in the Sl receiving stream. ► Implement erosion and sediment controls that met the requirements set forth in UDC Chapter 169 or the Arkansas Department of Enviromneend Qualii ► Discharges most be managed during construction may use an approved temporary method different permanent post -construction method used. ► Once Construction is started, carry out and complt without delay. ► Design in accordance with and obtain all required and federal permits. ► Design in accordance with the Citys Drainage Cri Manual ► Periodic rearective action to restore a non -erosive flow or to restore arability of the conveyance shall necessary to impede the formation of erosion gulli City of Fayetteville: Slreamside Protection Best Practices 9r. Example of Enhanced Dry Detention Pond LL Im City of inyefteviile: Streamside Protection Best BMPs for Sediment Removal and Velocity Reduction Prior to disharge to the Streamside Buffer BMR Function A Deal Used afltt velocity Limlfallons Small driinege areas, less itaas d Selimant Swales Removal reduNon is achieved Nan S acres. sediment Sediment Used for pretreatment No minimum or maximum Forebay Removal r than as a tl Destedr normal Crop quire removal Mb6areart requireck Meandering Sediment and Used afterveledy a wider space Low Flow other pollutant reduction is acMevad tan a linear channel. Channel removal Riprap Sediment Used at the end of an Can coastal t Apron Removal, odder pipe or channel. outlets where the Dow vaod y speed is 1119Il Not in rese inage Should lihaa Check Dam Used a Removal tlmi a8 dchnewele. &armors wdray vNadV or real May use rea of ie acres or leas. Reduction wish aaen snipes. OUOet Sediment Used at Me and of an No minimum or maximum sediment Removal, outlet pipe or channel passage area. Depths may traps Velocity around removal of bedrock. Reduction Level Velocity Uaed at the end of Maximum flow of 30c(sand Spreader Reduction an outlet pipe or maximum slope of 10%. channel to dispens Dew Unhappy across a slope. 0 Vagatative over is extremely important in controlling erosion. It pesperms these Mncdons: Shields the soil surface mom the Impact of falling rein Holds soil particles in place • Helps as maintain the Were capacity t0 absorb water Slaws line velocity d coal Noyes: (1)Ships shall bewleaed and designed following approved technical design $, document tllMsion wAM1 plant guidelines. (2) For recorded and design Small contact the Ctry of Fayetteville contracting Division at(479) 595 8206, (3) Addidonal medsrds of achieving the above criteria may beapproved by the city Engineer. (4) BMPs may be road in combination to achieve flow veloury reduction and sediment oval. (5) Plaminly dmamcmm of the flow diffusor device music be adegwre to prevent erosion and shall be specified in the design plan. (6) Reestablishment of disturbed vegetation must be accomplished as won as practicable, but in ad caw longer Than 14 days. a City of Fayetteville: Streamside Protection Best Practices/ �rOr MITIGATION PRACTICES FOR APPROVED VARIANCES Ordinance requirements: 1 • If the Planning Commission has granted a variance for a reduction in the width of the Streamside Protestors Zones, It may require mitigation through installation of structural BMPs. Removal efficiencies sited on the Environmental Protection Agency National Menu of Srormwater Best Management Practices may be used to select suitable structural BMPs or combinations of structural BMps. Examples of possible BMPs for consideration Include not ponds, wetlands, infiltration wenches, and bioremntion. Structural BMPs selected for mitigation shall be approved by the City Engineer. LOW IMPACT DEVELOPMENT 'the use of Low Impact Development principles throughout the development is encouraged to reduce the total volume of runoff contributed by the development. Reference the UDC Chapter 179 Low Impact Development Code. City of Fayettevilk Smounslde Protection Best Practices , Ordinance Foram tied by tlm Planning Commission to City Council November 8, 2010 168.12 Streamside Protection Zones (A) SYmamslde Bert Maneeemart Pal Manuel. The City of Feyel@vlllle Streamalp Beat Management Practices Manual, which may be administratively ,hanged by the City Enol ehailbe used in euppon of this chapter in explain spedlo objectives and principles. (o) doormats This branches shall apply to ,11 land v,thin e Streameiac Protection Zone s defined by the maker except for as provided below (f) Undeveloped lots created by a rot sort rent or final plat application ,ywh rwaa submitted or approved prior to the effective date of this wdranoe, are exempt from rho requirements of this section for (no following time periods (a( 24 months from the effective date or this oiamande for lots less than one half (Mg acre par l A menind from the effective date of the ordinance for lots Procter soon arehalf (V2) are but leas than 1 or (c) 12 months firm the Ne cbve data of this Pepsi for lots greater Pan one (i) acre. (2) A prelim lnary Plat send deep submitted ,approved prior to Lae eRecove dare of this ordinance shell be exempt from the requirements of this section, provided the amp periods listed nerem shad be in force from the date of final plat appreael. (3) A use snorer activity permor, by unexpired orders permit which w sppmvetl priorto me eeeNve date of this entrance _ is exempt from this ordinance (C) Erry,uhmant of Observed Seffal Wafers. The SYieamorde Protector Zen, shell apply to all surface waters neallrd any one of the following colors (1) All surface waters Itlenified enrife atloptetl Streamalcti tle Protection Zone map, including any pond lake or reservoir located within the a t ral drainage way of said surface wateror (2) Any surface water where a gootivzy has been established by me Federal Emergency Management Agency Ffifel (C) Strewn tilde Protacnpn Zona BasalremenL. The Sneamntle Pmlecon Zones snag be established as toilets it) pace fWalaNde Zane. The Vial Zero snag Mena a minimum of 25 feet laniard from the top of bank in each director, measured Fell on a e perpendicular to Ne top at bank and includes the surface water (a) Stoop Mope Slope shell be calculated at the upstream and downstream pmpoTy lines for away papery. Proposes dean more than mg test of stream frontage snag mquse additional sleep nolught at 100 foot Increments, bsglnning at the upstream property line and ending at the downstream property fine. When slope calculations or, equal to or greater than 15%, the width of the Waterside Zone mall be extended by an gddlrmial 20 feet at that point The boundary width performed at each designated slope measurement paint shall be continuous aon ected by a fine to form the boundary of me Wareraltle Zone filibusters available in Best Management Practices Manual) (2) Bond 2: Manapemgnl ZonoThe Management Zone shall begin at the r sage ofbe Waterside Zone and Afford landward 25 feet as m asured Fell an a line pemendbular to Zone I The roe Musa math of Zones and 2 shag be no lees man PC feet from the top of bank on all aides of file sprtae ware (a) Pmodevar where the noodway rends beyond the edge of the Management gene boundary, add boundary shall be adjusted so that the wore Total of the extent of file Proceeds designated by the race recently adopted FEMA Flood Insurance Pete Mep Crops) (3) Fit seemed; A boreal contacted affmay et be required .mare the ord were, has bean Bacteria used in a pipe, mlven, or amilsdy enclosed conduit Ordinance Command W by the Planing Commission to City Council November 8, Ito (9) DayllgMlnp. Streams enclosed prior to dinnumal amounts Cr excavation the effective data of this orphaned and and filling In cwnlanca wit[, subsequently dy allghleo shall only required local stateand require a Amen setback mwdamed from pill pemmYs t[,e top of the enaphalted top of bank Dayllghted streams shall be maintained (fill Maintenance antl upgrades of oral state by he property ownner, adstire uthey bdlltee who shall also be responsible for (N) mandsonne and controlling torah of (v) New mahty mortifies or and pollutants casunsnta when there is no practical alternative. (E) Cecil Ago, eNatamc and acryates within the Ss,fo be PmteWah Zone. (b) Management or lawns (1) The fall e e permitted by hgM (vp Removal of dead veseteAon, within the designated avgamsme done, arming for re or public ended to the requirements of role re safety, removal lnval me Flood carnage Prevention species coden gm au applicable regmremems do the dry of Fayehatnge. Whom ause ;a v)Appr non or any fennlzeq listed , but rs comer so a permitted herbicide pesticide or usantl Is In keeping ",InP h e purpose insecticide shall be gnawed ofthe Stmams,de Protests, Zones, the only If their harmful effect on City Engineer may determine the use to orator quality Is prevented by be allowed. All other uses snail be ei no over application or prohibited misapplication occurs. (a) Zone 1. Waterside Zone. lc) Zone Management Zone. (i) Do" spew Less that a ln the We (I) Ali odes within primarily passive in character Zone, provided that compliance including . Pm.mad fishing with the standards If the anritloas. parkland and Vacamtltle Baer Management mimaltests . Pmntiros Manual are net required but encouraged (g Streambank restoration or aabllleaden tot Accessory structures without a cundagon and no larger than alp Water quality mcursme. 150 square feet Including former and scientlfic storage sheds, playground slides equipment gazebos, decks. ,to (iv) ReveAviation and mrorer o stan_ (IIp Active recreational uses. (b)The following may also be permlored in the Asmadde Zone, (2) Feiablkhmor or the snowed provided the standards of the ses/adavotea after he effed,ve sate of Shmanoi Best Management this ordmono. shall be prohibited l n bdb PainiceS Manual shall he followed &momel Protecton Zones, except where necessary to stake an amity (I) Paved bass Omer Permnietl by Section (E)(1). macroous surfaces hot exceeding 12 feet asuit (a) Greenlee dredging, damping, filling, oan that, in no practical or simmer coeytmwen amanitas alnlmatiee. (b) Landfills mhymds cases, yards to Siream aaamgs. bdudmg driveways roadways Irals c (oring Cheaof existing woody Mirprovides they are vegetation. d,s[gned and Instructed to minimizeme Impact upon areas and result In Ordinance Form dad by the Planning Commission to Clty, Cotmcil November b, 2010 do Storage of hazardous materials or (2) EdsingpnTtlpaforcNres memled unless m,thin waterproof conferees and wlfbin a structure. tat Rachel to esIna recent Existing principal le) Scene let, structures may be redeveloped o expestrided w,thin the footprint of (h Buildings and accessory amdumb any principal structure among o won a bulltllRg footprint larger than January 1, 2011. 150 aenare feet (b) ordditio earatu s o (c) Parking r storage of motor slto en exlistin vehlmee. also ported provide small oc aeennnlea. also be erowadn the m) sdpue mNna and/or lateral thatnantna do not more ve erocs than the ten it tan (h New tlaln3ga ditches roadside surface t e prig sundat body Lben the original and storm water don of lento conveyhes conveyances not extendpra the. and do not extend into the and Waterside Zone. c) Ingivuna pock. ors Hen, to If a Slag nSURered (IQ Confined emmal foa rich er unclear ssdge kennels flooding from a stream, the owner may way part a berm to proton me Moe ern (h g pound other structure if approved by education of livestock the City Engineer as to the berms location , gntl composlfion. (m) Cultivation. Revegetagon of the dBALIbed are@ and been shall be In accordance W Land application of biroceed with two door Management Practices Manual. (q Evalgh lane um Peerages The following activities antl structures are allowed to (3) Emavgende, Actions taken under e will),,the Senn tlo Put emergency concerns eitheris prevent Zo enupleased that the woo of the moment noun ofbanker te offers, or Flootl Damage Prevention Code and all prated property Imomodenther order applicable deductions tale regulegona albeit be ger of. fire, violent etomw, orr other danger enforced hazards (1) decide loses Existing a shall be (G) Beiprocaeflvi of Na m dice) Alemasic, Starmined continue m their present An applicant young t arabgsn a e, but may not be enlarged allowable use that require, as„no practical extended o owed_ A use or awivdy indicted determination sna0 submit a shalt be exisfine If It is present and written request for such determination to the ongoing worst the crashed, City Engineer_ The City Engineer Shall make Protection Zone es of the effective date a finding ofact asto whether the following of too ordinance uses and sal rages requirements nave been net in support of a es to be existing under the Showing no pyddral ettemalrvg' determneek wordconsiders ten (le business days of receiving the reorder (a) AMcmm.pl are deal otherwise daftness. The awry tiles cease m be to 'TM1e basic pa)md purpose worst be assume when the areyouth necessity accomplished It a beer they w conauceba )as b that would boner minimize dl,humanmr rtea to a nonagdwlwal preserve aquatic life and habitat and ort idle for more than protect wafgr quarry. n(118) Scrol love mronths. (2) The use rennet practically be railroad in dy All door uses. This argon ace shall or density mconllgured, relocate tl. gouty when an existing use s or redesigned to better nfinill wnvMdd to anoflter use disturbance preserve aquatic life and habitat arid protect water quality Ordinance Forwarded by the Planning Commission to City Council November X, 2010 (H) Oelso➢man(Appliascon Vciaga a (1) All persona required to submit a development application pursuant to any section of the (daya Unified Development coda shag also show me ,cation and type of sodas, water, the fop of ben, Zone 1 Waterside Zone and Zone 2'. Management Zone boundaries and stop,, when any danger of the property baton developed falls out the 9beamaitle Protectlg, Zone (2) An applicant may request that the Cpy'a Flnnnelain Administrator perform a site visit to view conditions on she with the applicant to assist making a determination of top a( bank location and undfbs of the Waterelde Zone and Management Zone. (3) A final d scone t of any bountles shell be made by the City Engineer ,r designated representative, where there Is question as to its location orwldth. (I) Slreamsltle hour mwal"As and mnstmdlon. dt Prior to any land deadng or boll descent actblty, the Allardice Protection Zone boundaries shall be newly delineated ern ste by the applicant and such permission shall be sussed throughout construction atlNNes (2) A alfn Inspection followed by porous inspections during constructed wlr be April by the ally Engineer or depending representaflve to ensure compliance with the Streamsitle Protection Zone ordinance Cdl Sheamslde protection does shall be pmrected from 00nstructnn act Mto to prevent chopped construction vehicular access Is pmMbltad In the Stresmadd, Protection Zone wheat At partied crossings . Storage of cosuuNlon veblde4 materials, debree, senile o equipment computedZone the s�mnme vany con zone. in slag any wnswamn ammlon theapplicant shell iniffusuper eeldgenof e Ste she at mu inter edge of Ito, Engineer y rcflge rang. the tiny Engineer may mgaprotectiveprotectiveprotectivefau t measure, basso upon sitee n el cM1e2GMefi lie of fM1e site and the proposed construction methods. If the required barriers s rounngo the @miralaae Pmmdlentli Zone a adequately commands during awdlon theCityEngineer snag prescribe remedial measureaand may Issue a slop work order in accordance with §1907. NV remedial measures shell be completed mlone the singe tl aunt of brae and shall be considered prior to granting final plat approval or is uing be cebilcale of occupancy (J) OIMroe flow requlrgmenla olffwe flow of runoff shall be maintained in the Streamalde Protection Zone by dapenlna Concentrated flow prior to us entry into the Streamsme Protection Zen, as follows (1) Concentrated runoff rom new ditches or man made conveyances shall be monad to tlMusa flow of monarogH, velocities before the runoff alters the Streamed, Protection Zene', and (2) Annual wedged action to restore ill flow shell be taken as necessary and shell be freehold to Impede the bnnatlmn of erosion gullies. (2) Annualco aclionto restoreArlene flew shall be taken es necessary ect shall be designed to Impede the formation of Phasnouq Cmnmescom paob„ H,2010 Fag, R IIO ADM 09-3480; Administrative Item (STREAMSIDE PROTECTION ORDINANCE): Sunionted Sy the CITY OF FAYEfTEVILLE STRATEGIC PLANNING AND INTERNAL CONSULTING DEPARTMENT 'I'herequedt Imoaaend die Unified Development Code to adopt o Strcamsidc Protection ordinance with an asso viand snap slid a Rest Management Practices Manual Karat Minkel, Director Strategic Planning gave the staff report Public Comment Dave Kingston was a cpresechn e of air nndevclopi cc cinl subdivision at the I- 540/Wimrse cdington ccddiscussed on. He discued that hthis e feels like ordinaitce would constitutes legal taking of the porosity. Don Nobel discussed that he was in favor of the collector His properly would be aff Bred. He discussed that he thinks existing properties should have more flexibility, Kenneth Harvey, 8521 OowcClock Road, discussed that thereare 12 heart on GooseQeck. He discussed that tile 50 loot ofproperly is his preppie and that he down t wantanamle taking ]its [,aid It is his porpany'and be will continue to use it as he has in the past fob Catdlq president of Faycdcville IQamral He It discussed green lnfreswcmroeud that the FNHA supports the ortioanw. He discussed some potential changes or Moroi wtth the insurance including that the actuator won't function for is ldlif lefitacor flood attenuation Ile discussed that he biggest problem isthat the buffer needs to be continuous fie discussed Issues with existing ,oninercial parking lots dactwging dhcerly Ina oiceks. HC dlwssed Innodvehrg a thlr-0 heifer lie duel woultl be voluntary. IDis is e mite world be up to 300 feet wide and aedhs would be provided no property o as for parsipatin€ whuoh would reduce sees nwater feesfor folimaing 6MPS, ifend whrn a stormwater utility is established in Fafctceville LeifKlntbnrfmt dfocussed that lie lives dianaTown Bi anch. tits discussed rail eased pending at bG ]ionic, He will have t occur, type of rtier drat flood bnand this ordinance would pit; eat Problems wWillithat Julia Sam➢smt,2101V South Street, disc.sod that this was short notice for property owners to respond Sliodlwissc(I gardening on her properly. Kevin Nadir, 1207 E Elut also rodene od that this w s short notice for property owners and penalizes thaWreopenfoamr crept Uri aof lie twitacrosedapedrunbffasdthatncerto path ntince penalized farprippoiltt owners for street , He w He , th drassed that e 12-foot concrete path is permuted far should pails but note patio el bcGcvn the SO foot zone is erbivary, and also that he thinks thisshoukt apply only to nun development Frail Alexander bscussCd total tcv LaUaliOn with nalivespecreti Iv better than non-native spe vies. She olcoUsmd that center and sediment ravels aeoss property lines- Plannsw Cartoons, October S, 2010 gotten 9 Ito Justin Jackson, 1283 Elm Suits feelsttauhls on little ruled 'I havouldcouidover two slinks of hip propm?y.'this is better on a Fare by basis. Brenda English, dneursnd that she wants to keep her Inch ahediseussed MmtheCut can plainer what its worth. She down'tw ratto have to sell bet home. Ryan Mayben discussed that thk would take" feetofh'u land. f ledoesn't Mink thle will he fair. Will this M once his property? Aubrey Shepherd discussed that the worst damage to the streak k the City_ I le discussed issues with prep Hianch and he is trying to protect people down steam. He discussed flooding and public education. Ell Yarbrough discussed that she purchased a commercial hmo'ing 10 yeas ago- She 'rs concerned with things they need to do to fix dwlr ptopmty. No more public wmmentwas presented. Commissioner hole asked about the location of the top of bank Minkel dtueuuued the method tar identiC ing the top ofhank. Commissioner Luck asked about disquisenelar between property owner and the City II dicorminnbtho ordinance. Minkel kw sswl that appeals may be made to City Council. kitWilliams, CityAtmntey_ d ischesdi conect'its regmd Fig this at enhance being a mkitg.Therewill Ile nums mare public hearings and theCry is Intacsred itnvodunga th the Dublin. Wew➢[look at all the Issues to makcswc wc' what making unbuildablo lots. Hediiamsed the definitional skin, and otnw menlations such as zoning and gmdiug ordlnancns Corn in aslonar park asked aboar conceding our conditions. Sarab Were. nhosild it Admmistotor, discussed that any nmprovanen¢ to correct current condittom will beetl to be parmcd that they won t caaccabmn Cure at oondaiays. Williams ddpcusret that we read to allow people to protect tl en homes hour flooding. Commissioner Lack asked start gardening. Mines discussed III clormacs and whiranans lot eardea t>S in both zeal and that they ptolrebdy liked to clarify that topic Comm isslonar I ack esker shoot a palook plan ven-us I patio Plonnueg CanmHIrfon Ocmbvb 2011) Page 10 Il0 Fit loher disCoSled (list a elpeny owner Gould iits wll a 12 dot wide patio_ Commissioner Chesser discussed mattheCis may be giving oi:adheii the All hit to build tmi Is. Minkel discussed the effedS Of Wrack flowing ovala itaiI acid llimns dlmussed that the iss.:e with a 12-foot aatI Sores a patio is a Conocm. Commissioner Cbeetr asked about v rriances- @dehnr real) oadad that beIkand area variancesstiII go It the Boil d c,CAdjurtment in maVal aonc of the aOur al atreamSid 0 ordinance. ('our anisit oaar Chesser asked about fences. F placer discussed dmt beeves can be replaced. Conimiuimmr Cabe asked about the BMV manual. Minkel discused theBMP manual and Clee tells and utilitles are lured in the manual. Commissioner Cabe discussed that Mere are no other towns n Arkansas Still this type ofoid l nonce and mat Water Iluality is a huge issue tie disctesed that this ordinance 1s mCh ud, Can nnssiman Earnest dis(;iaaed that the a mar) purpose is pollutant irAnUton Restated a qu01e from meBaaver Water Authority that,'1 11 Lest wllhaveryoil put In Beaver Leka, but that Pm not line -vou cnpld for it_' Commissioner Chesser asked about Vein gardens being in the llIII mmnual C,ramosmar'Luck discussed that that ,ill be more mom meetings. We Feel like we meet to admtnlmr to protect thcuatasbed. Motor: Commissioner Cheer :edit a motion to table the item. (daninvirominer Cabe Seconded the motion. Upon roll can the motion to table passed with a vote orb-0-0 There bean,, vobechir balm , the meeting was o!lourrte4nr N:hh PM. Psonning Conomps,on Vovrm or 8,, 2010 Pull f J(4 Old Richness: ADM 09-3480: Ahiniistrative Item (S'IFREAM91DE PROTECTION ORDINANCE): Submitled by the CITY OF FAYETTEVILLE SIRA11FOR PI.ANNIVG AND INTERNAL CONSUTAINC )HPARCVIF:NC The rulnest isro amend the Unified Developmen[Codetoadopt a Stl'estar de Protection Ordinance will an assoclaad map and a Eert Maremenva Practices Manual. Karen Minkel, Stramgic Planing DVicemo, gave the smlfrnpon. Public Comment Holley Hoggall asked how the IsOh affected properties would makes diffusice when three ac Iheuaandi oful p erec contributing pollution. lie Son slated Thai hail cnempronwns unfairand wanted to lmow low ink was difRrent than an easement that would be purchased. Hemso warm d ICE citratogetonboard too. Margaret Henderson asked if the ordinance was a tests clean on hc:propmy m a taking of the proper. No more public comment was In Carried. Comm issiuoer l.aelocsponded that the or was adding Iestrimiom Kit Williams, Cav Attorney, gave background on the too acre Standard and stand that existing new, and SM:ar:res are itretaliated be and can be inbuilt. He stated that Casunans arc pulebesed bemuse we net rights to access slid co:wrum on someone's pmperty. Fewer Cr. tire soar regulations ate anchor to a sabask Ihw is ist] Cted, but is private property. clarfication hdwCen gardening and Cultivation. Jesse Filcher, G:aent Plannm; stated that adtivation is associated with crops and oo:mnmmoa operations. Commissioner Chessm asked for clarification on the 12' wide Impervious ai co. Fldcher stated dmifled that there two scotions in nc ordinance where a prism property m acr weld Consul m[ small impervious areas- CIE via Dro n, City ELegancor.roadthat sheen dos velocity is l l increase as the lmpmE. tons wair mmtm e, ptaalualiy result ng in erosion_ Corn emssmner Winston asked how Stiff trucks a cease of ux. Planning a orel"nolme rva.aabo 8,2010 Pagel I14 Pnlclear 'Stated than mere is a pollee already an wood Ior Ievlell ing such eases. Commissioner llomnhmll asked if staff had approached IAe diluted propcell merits about a voluntary buffer alerthow head ofadiff ncefasetteville k Ininn to make in l mproving wmef initial; about phes maintenance; and ifthehe had bewh any loecanis L'mn Leaver Water District rbmut crater quality. Minkel gave a brieflusmif of flue agrewnent between the City of Faycehville had Deaver Water District, die oneoslmteah study and the nutrient induction plan. She also tamed that pmvemlou IS Hoch less e uttsivethan whr eela n int on the dark end, and that the will have to abideby the Same rules as private property owner Commissioner Hokins asked about how much wamrwant into tech wateishdd. Minkel stated [he( approximately do%oftlte wall went Into Deaver Lake. bm shot the sliest Bras going W end up being someone's drinking water. rcgaidlass of the wnctnhad. Dave Jet gens, D idead ofhot Hill, stated that a attendance bnitClls try of he best nays to pis ean water quality and a much mote cost effective than warce aoctmcnt. Commissioner Ear nest salwl thal this onlinance is imperials and that tile varineed section will lisp_ Comnmsshaner Chesser stated tile( he Supports the urd'III and that somcvne noels m go f irt. Commissioner Branch asked if the at di mance would apply to redeveloped lots and ifitwtold show up on the title. Minkel shred that the orutionce will apply to undeveloped lots. wi hain s stated that roe butler I dsliction wall not show tap Sun It fide. Commissioner Hoskins stated that he agreed wish the intern of We ordinance, but was not camfoisable with dheway it is wnteall Commissioner Homeuill asked Mat the leading polluna it was in the Illinois Rivcr. Jmrgens seated dialect ct Anmre of the leading pollutant_ Motion; Commissioner f annstmade aretionto forward the road to Gp COUlled.Commulsslomhr Cake ended @c ,Ilmnei lion ranno'themmtlnv passel wl[knvo¢0l'&2-U Mth Connnisshonus Hoskins and flonnhtll voPohg 'no'. New Barineed y Page 1 of City Clerk - STREAMSIDE ORDINANCE From: Cry Clerk To: Alderman Date: 2/3/2011 1:15 PM Subject: STREAMSIDE ORDINANCE CC: gregl3theaecart Just note to encourage the council members to give a serious look at the new thermal Ordinance Proposalwe all need to do everything we can within our communities to limit pollution and sediment from Mnor. look forward to seeing what the ally of Fayetteville decides with regard to this Issue and am card that you are considering being proactive In protecting our users and streams. Gincerely Greg Watts—Presldeot Arkansas RNere Adsorption. greg@arkansesnord org 870-275 5332 lite.//CtDocaments and SettiagsWnaveorkLocal SetLiiigs,TeippAXPgipwisA4D4AAA7FFA... 2/4/2011 [(2Id2091)CtyCIrd Ste a mprodercholopliesiC-byG I' 'Members ' From: Jo Ann Kvamme sjkvamme©uamk.edum To: ttlly_olerkQci fayettevllle at us, Date: 2I42011 1 06 PM Subject: Stream protection Please sent to City Council Members Dear Mayor Jordan and Fayetteville Cry Council, As you make dencians regarding Streamslde protection please remember your choices will Impact not army people today but into the future Olean streams are an normal resource that Is owned not by individuals but by the community as a whole. I would hope that our responsibility to our community neighbors, and children would demand our protection of this Men people speak of property fights this should be replaced with pmpady owner responsibility. For FayetteMle to remain the vibrant. son friendly, co unity we have become we must all step up to the role of stewards of ourresources would like to applaud the efforts thus far In laying out a plan to protect our natural resource and the Best Practices manual to give concrete direction. While no one wants to be told what they must do, I hope through education and community spirit we can work to provide what is best for the community, resources and the individual land owners It has been silted repeatedly to keep our streams clean Is less expensive than having to deal with pollutants after the fed. Please stay proachbel Thus, protecting our streams for our children and our community In the future. to Ann Kvamme Greetings Sir or Madam Coure lmembep I would IIke to write in support of Fayetteville's Streamside Protection Ordinance. I am strongly In support of this ordinance for the following reasons 1_ In terms of occurrent loading to a waterbody, Mere is no more efficient way to keep sediment out of a river than preserving the 4reamslae buffer. Building sterna ter infrastructure to atltlre sediment only transfers problems downstream. Restoring a damaged stream bank is costly, reaction intensive, and may still result in more sedimentation to Lbe stream than If the bank was frescoed In the first place. 2. In terms of mA to the city, this is one of the least expensive alternatives to address sedimentation, flooding, and loading of many other pollutants to local rivers. There Is no retrofitting or upgrading ofstormweter infrastructure. Streambank and buffer restoration an cost up to F250 per linear foot. 3. This ordinance may address impairment issues to both the Illinois and While Rivers. The West Eoda and upper While are both designated as impaired byAOEG and Illinois over also has sedimentation Issues. Achim largest municipality In hoth watersheds with the Mghesi population density, the dry of Fayetteville an potentially reduce its overall sedimentation mpact and subsequently improve water quality. A I would strongly encourage you to Investigate if the dozen's against the ordinance will actually be affected by Its passage Have you received comment from construents who will actually he Impacted by the ordinance? With every public comment, please check the residence, wa N, antl the location of the residence on the protected streams map. In full disclosure, my resid rule will not be affected. Thank youl very much for your time and attention, Nicole Hardiman Ward 2163 East Revere Place Fayetteville, Aft 72701 SIERRA CLUB FOONDED1892 ebruary 3, 2011 Dear Mayor Jordan and Payct Levill© City Council Members, I'he Arkansas_a Club i t trr ide e :me-lal o p n nation Sic - ,a z n- � oe past n3 c mate_ 2,000 members,.any who like L Patetteville. In the past :e have Lerti..psted in i p interclass o of rtsti envi Ina rands C as-evpro udhng tt rga nindgcnp o- the Crdinance, ca �ng and solid w e programs, the t antl lanany more We ,now a 5)t the Vail system., fez Wilson Springs issue ana many m e lsh 'how o support e C tienCil to, ap Preservation Ordinance coming be ore the F'ayettev,lC, City Connell for pp . '1'n ncg, Clcb supports the 1'omam o L City o£-ayetaevilth t will f o wand se-b n:nsii outCharley creeks, _ e that will e oeect and :prove x L 1paaWrite le y in o eeke theIllinoisRiven end the West Pork of the White le car, maurw a toff and pollutant theoha roe. - e gfo d t _ g s. Piollec _ tray, and improve �e . the goalare life, £o ve .t - posts. brute ran the r ens st,GarCouncil for aamons-s is everyone's this poll, and we applauping City ncll for don the ing leaageso:omunicipa policy area aTh ieeping fayettbe o the leading sage o£ municipal - . The proposed Deice before k C Citythe result f y horns o Council - < bo3at3ve wtxk by t/ professional staid end volunteer P.%eelle Prom a v dd!ety OP sCi en Cillc and tEchniCdl di sCiylines. This oxdiname will also protect l21dower3' property righLs by redccing pollution, £locding and bl ao t, an cirn be-afillingwith .lgher property values and ensuring that aayii,eeiJie contina©s to be among the rift desirable -:d attractive places co live and work a, America. The Sierra Club c oe9 the cdoption of ainatc host a r wea4ening amen Lnents. Thank you Coal yocr work on this iaaoe. ode rely, m McKinney Conservation Chair Arkansas Sierra Clcb 499-839-8oll (vforzoll)Citypie it st side ProtectionOrdinance _.. _... ., - Sere 1%. From: "Funds,Steve' csfillpek@tkgfc stateor us> To: tob clerk@cl.fayerrevllle at us, Date: 219120114:26 PM Subject: Streamsltle Protection Ordinance Please forward this to Mayor Jordan and all the City Council members I strongly support the preschool Protection Ordinance and encourage you all to think of the Nture of Fayetteville and support this ch inenoe as weld SClenbfically, economically and logically, its the right thing to do. Thank you for your consideration of this request, Steve Fllipek t2/10I2011)City Cl k Streemade Protection Ordnance Seed I' From: Jed Indian <jphouan@aol com> To: "dty_ lletk@a fayeRevllle.acus city clerk@otfayettevllle.ae us> Oafe: 2M0201112_02 PM Subject Streamelde Protection Ordinance Please include me in the swelling ranks of those In favor of the captioned Ordinance. Jed Haigh Founding president Trout Unlimited Heber Springs AR Sent from my'IPhone (211012611) clry clerk Distribution or this e.mail roCity Council Members _ page From: [sham@rioc.wm debam@pgtewhy, To: very_derk@CL FAYETTEVILLE.AR. u9 Dale: 2110/20112.34 PM Subject: DlslrlbWlon of this email to City Council Members Dear city Clerkk would appreciate your forwarding this email to the Mayor and members of the City Council. Thank you, Frank Sharp Dear Mayor and Members of the Council'. would appreciate your supporting the Streamside Protection ordinance. As one that grew up with a hand dug, totally Inadequate, water well. I learned early on to appreciate the value of water. Later, running a USDA Government inspected food business for many years (the Ozark Mountain Smokehouse) our grant of Inspection depended upon a supply of safe, abundant affordable ureter. This is even more Important for the large food nonspeaking companies upon which the economy of this area depends. Let's protect our Beaver take treesurel Frank Sharp 2062 S. Smokehouse Trail Fayetteville, AR 72701 479-9574069 Page 1 of I City Clerk- Streamslde protection ordinance From: Nancy Varvil<nvarvil@yehoc.cosV To: <cip clerk@cifayetteville.m ua> Date: 2/4/2011 8.33 PM Subject Stnea:narde protection ordinance To the members of the Fayetteville City Council I have had property that backs up to Hamesli ng Creek in West Fayetteville for more then ten years. Apparently the slreamedes closer to the source of the creek are not protected because each time it rains the creek level rises much like a gully washer and the sides of the creek behind my property are received. All kinds of debris is left in the bushes and trees along the banks after the stream subsides. The water that runs through the creek must be filled with sediment and may also contain runoff from other people's lawns and driveways and pet waste. I know that everyone who lives along that creek would rather have a cleaner creek that doesn't change levels so precipitously and where children could play without fear of being washed away. The streamsides also serve as corridors for wildlife and plants. Each species must have a certain size habitat in order to survive. Each time we reduce the size of a habitat, we risk causing the extinction of some of the life forms in that habitat thus reducing the diversity needed to keep a healthy food chain for all of us. The ordinance does not impose changes on current uses/treatments, only on future owners. And future owners will benefit form our taking better care of one of the natural features on their property. I urge the city council to adapt the Streamside Protection Ordinance so that it will apply to my streamside property and all streamside properties in Fayetteville. Nancy Varvil 479 8717023 Property is at 1824 Pine Cone, 72704. filcd/C:ADocumonta and SeuingaUbransonALocal SeWngsATempAX?g wise\4D4C62ACFA... 2f1/2011 Page I of I City Clerk - Attn: City Council Members From: Steplemor Shepherd stephishepLdgmail.emm To: bity clark&Lfayedteville.at us> Dart; 2/620118,18 PM Subject Altn: City Council Memberk Please Fortvartl to all City Counoll Members Dear City Council Members, I am writing In support of the proposed Streamers Protection ordinance (ADM Cl As a resident of Feyiefnver a and a scientist that cargo streams, I am thrilled ourclty is taking a proactive approach to preserve the headwaters of the Illinois and White Rivers. Net only will streamside protection zones Improve our water quality, but it will also preserve the beauty of our neighborhoods and protect individual 's properly. Phosphorusasidentified by the Nutrient Reduction Planandother pollutants such as excessive sediment can be greatly reduced by bellen buffers. Improving and protecting our water quality can reduce the cost of providing clean drinking water, while Improving stream habitat. Also, having clean healthy streams Improves our quality of Its as a community_ Considering our Investment as a community in the new tra9 system that parallels Mud Creek and Skull Creek', pmtecting our streams Is even more important. Furthermore, the inner cost to current land owners is minimal in light of potential economic baneeta overeme, especially considering many existing structures will be exempt from regulation _ Preserving and protecting the aesthetic beauty of our neighborhoods actually Increases property values. Regulating development and promoting appropriate vegetation on stream banks decreases both erosion (loss of land) and food Impacts. Finally, I feel the ordinance Is well thought out and written to meet the needs of our communlry. Please vote m approve the Streemslde Protection ordinance Sincerely, Stephanie L. Shepherd PhD. 89 W. Fairview St. FayeHeville, AR 72901 NIe.//CVDocuments and Sertur sAIbionsonVLocal Setting ATempAXPgrpwls A4D4F0226FAY_. 2 7/2011 (217/2011)oly ofpro -streams us prott d o Fresh shelley buonaluto xgoodhelp@eybermesa.con To: ally_clerk@pfayettevillearu9, weMlyosl@dfaysAtyy1Iearus, Date: 21412011 10 29 PM Subject: differnce location ordinance Dear Councilors, We moved to Fayetteville four years ago from No where one learns a great regard for the scarce water. When we found a house here on Clear Creek, we vowed to do everything we could to safeguard its health. We oinre the county, and so enot officially required to muow me rdinance. but were grateful for the work that has been done to provide homeowners earth a list of best management practices and we will careNlly follow them. We have had an anyone; garden In the so- shed 100 year Flood plain of the creek, over 60 fast away but It has been flooded 13 times every year so wa have to move end higher ground. Since not following best management practices would contribute to fllooding, it seems that the land near creeks can't be made to fun con than other as nature Intended In any case. No one can gralm the water as their own It may pass through land that e may temporarily consider It our Tight to make use of, but It's our returned they to safeguard It for the present and for our descendants, as vital for the existence of life In the entire interdependent ecosystem, the loss of any part of which woultl be disastrous Torall of It, for Its beauty, far the serenity that no other place can pmvitle as well, and for the joy and fun of playing In the water with children and grandchildren. Please pass the Strayer Protection Ordinance Thank you, Shelley and Michael Buonaluto Page t of t Cim, Clerk- Streanuidc Protection Ordinance From: Judith Madhcws<lmatedaneeselsol.neA> To: unty_olerktrd.fayetteville.ar.uo> Date: 2/5/2011 2.29PM Subject Stoomstde Protection Ordinance Please forward to. all city coun9llmembers we a longtime resident of Fayetteville, I wish to register my support of the Sireamside Protection Ordinance and strongly urge you to vote to pass this legislation This sort of protection for our waterways is lust good common sense It is overdue. Our city Parts Itself on being e"Fayetteville in Bloom" and now providing walkways and bike trolls from one and of town tc the ether. Surely Goan streams are an equally lmpodent pert of me overall vision of wondedul place to live. Doing our part to keep clean the waterways downstream should also be a prominent consideration. For the entire 34 years that l have lived In this area there has been an ongoing contention with Oklahoma over the water quality of the Illinois River Iwould be proud If Fayetteville was not contributing to the problem. I believe that the ordinance, as l have read it is quite reasonable, and should not be a serious Infringement on several property rights. There is an overreaching principle of the greater good Involved here, in a time when everyone is talking about protecting our natural resources. Let Fayetteville walk the talk. Thank you for taking the time to read this letter Judith connote 311 Adams St. rile PC and SettingsUlaminanAl.coal SettingsYremp\XPgrmwbP4O41)5H38 FAY.,, 2/7/2011 Page 1 of 1 City Cleric- Support of the Sreamside Protection Ordinance From: Coral Arroyo a. mroyobaezQyalmo.con> To: airy_elerk@ci.tey ue%ille.ar.oa> Date: 2d I /2011 11:12 AM Subject: Sarni of the Sneamside Protection Ordinance Please forward this message to all city council members and to Mayor Jordan. Hi, my name is Coral Arroyo, and I am a senior at Fayetteville High School, and I am Co -President of our Green Team. I read about the Streamside Protection Ordinance and I would love for it to be passed. I strongly urge you all to accept this ordinance because it provides a natural, eco- frlendly solution that will help maintain our creeks. Fayetteville will be one step closer to becoming a "greener' city if this ordinance passes. Along with the rest of Fayetteville High's Green team, I would like for this ordinance to be passed. Thank you for taking the time to read this, and I hope you chose to accept this ordinance. Sincerely, Coral Arroyo file PC Documents and Scamopbeansontl,oul Settings%Te:nMXPgrpwiseA D5519ABI A,,. 2/11 /20 11 Page I of I City Clerk - Fwtl: streamsitle ordinance From: City Clerk To: Aldermen Date: 2/11/20112:42 PM Subject: Had streamsitle ordinance CC Minkel, Karen I strongly support the proposed sbeemsiae protection ordinance which has been designed to protect probably the most necessary and valuable resource we have -- ourater. We need to keep our water clean and keep Iw t under control to minimize reading. This ordinance will do that and at the same time it will accommodate individual concerns that landowners may have by "grandfathering In, conditions that may already exist on their property. These streamsitle buffers not only protect our water supply, they also protect our wlltlllfe by providing hanker and a corridor for movement There was a concern voicetl by some that the ordinance would reduce the value of they land but in my mind and I think in the minds of many motors, lend ork trees and natural vegetation is actually more valuable on the market than land without, This ordinance is actually looking to our future th make sure that our vital resources are in good condition for years to come As council members, I hope that you will put this ordinance in plate It will be good for the people of Fayetteville and it will be a good example for other communities to follow. Also, thanks goes to Karen Minkel and the planning network ant who did the research and put this well taught out ordinance proposal together. Sincessely, note Heinzelmann pete)hz@gmaiLcom. file://CADc ourrents and Sctdngolbrm[souALocal Sari empAXPgrpwis A41 554ACPPA_. 2✓11f2011 February 9, 2010 Dear Mayor OMan and Members ofthe Fayetteville City Council, I live on the banks of the Farmington Branch of Goose Creek which starts In Fayetteville Since I moved to this property in 1998, 11 eye seen the deterioration of the stream bank due to upstream development and cattle gazing erosion. This stream used to be lined on both sides with treesSycamoreand Locusts on my neighbors side, Sycamore and Oaks on mine. Today, the banks are badly undercut due to torrential floods and many of the trees that did line the banks have fallen. While this ordinance won't stop the deluge of ra ins, It may slow the flow of water. Avaitlonally, this flow often now stops in the summer leaving poets of stagnant, silty water. From time to time I have walked th is stream, bastards in hand to do my citizen cleanup of this stream. And naturally, with more development, more trash Is gathered. This ordinance makes good sense to all of us who awn property along waterways. It calls upon us to he good stewards for the feature many of us were attracted to that piece of earth In the flat place the water. Protecting our waterways makes goad sense and it takes all of us Fibrous working together The ordinance Includes provisions for exceptions should a property owner need this. I think this Is reasonable accommodation. Please support the Stream Atle ordinance Monarchy, Karen merchant 278 Wolfe Lane Farmington, OR 479-6017496 Pagel of CityChohe- stream ordinance From: Arms Iittell mmieelitwll(a)yahpo.com> 'Io: mity clerk@ei.fevettevillo.acus> Dales 2/12/2011 4:02 PM Subject: stream ordinance I want all earned people (but espe Bally those £rom Ward 2 where I live) and Mayor IoNan that I supportthe streamside ordinance. I understand the transition of few home owners who caur do exactly as they mighnvart, bat I think that the quality at our precious streams here in Fayetteville are wry mo iinporwat and that this ordinance will help protect them. Please forward this to couluel people and Cite mayor for mn. Thanla. Annee LfLLell, 517 P<]Ohnson SC. Pay 72901 tiler C1Documeita and Seningsdi ransond.ocal SettingsATempAXPMpwiscA4D56ALFBPA.- 114/2011 Page I of I Ciey Clerk -ann ameide ordinance From: 'reapers donovan" <gdwovan29 r@i shoglobd racc, 'hot <City clerk(aVci.fireattcvillearm,> Uetc: 2'1420119: 51 AM SLbiecti stieemslde enhance City Clerk Please krvrato this email to fire Genre Members and Mayor Jordan Please do eve sthrug you can to get the Slreamslde Ordinance a pan of Fayetteville law. It is so obviously the right thing to do to protect the area's water, not to mention the beauty of our lovely Fayetteville. Thank you Genre Donovan 1923 6 Joyce Blvd Fayetteville file, PC and SettingsVbmnsundecal Settinivai enJ XPwj:vhs A4D58F13l7FA... 2/142011 Dawn Faber 4040 IS Foxiorow come Fayetteville AR 72I03 dfay,ussuark adu 099.575.0114 10 February 2011 RE Why l support the Fayetteville Streamslde Protection Ordinance Dear Fayetteville City Council Members, water resources engineer I am also a member of the Fayetteville community. I have spent my time as graduate student studying the Impacts that humans have on surface water. My husband and 1 Moved here en yeas ago thinking we'd be note temporarily while l was In graduate school but we fell in love with the area and here we are As a child, I spent many spring and summer days playing In creeks, catching crawdae s, looking under rocks and chasing salamanders. I can only hope that my daughter will have the same opportunity as she gro s up. Around the country, our waterways and our sources of drinking water are in danger. I'm thrilled that Fayetteville Is actively trying to protect these waterways for the health of our community and for the future of our residents Studies have shown that the health of people in a community is directly related to the health of the stream systems in that community Sony 11 streams like the ones running through many back yards a re the ones that can most benefit from an ordinance like this. These headwater (top of the watershed) sires his have historically been abused...chamblued, ditched, lined with concrete, even run underground in pipes and yet they're same of IT most important In the stream network Headwater streams are to a river system [Ike the ca Filters In our bodies are to our blood system. They are where much of the magic of life happens. In our spends, it's where on cells get nutrients and oxygen to sustain our larger organ systems Likewise, mall streams are where nature l drainage Interacts most Intimately with the surrounding landscape. Some folks believe that polluting or destabilizing the banks of one small stream here or there won't affect us, but just with the capillaries In our bodies, the cumulative effects of degrading the function of those streams can be catastrophic to the whole water system. It Is a privilege to 14e on a stream and to have such a beautiful, natural feature as a part of one's landscape; with that privilege comes added responsibility. All of our actions on the land impact stream systems But the greatest m pacts are felt within the riper and be nks bordering the streams, supply zone ayetteville stye ultimately impacting ordinace will benefit ityeveryone in our and supplyy station wildlife habthe water TM1e sources we need and a ortllnance will benefit everyone In our community by protecting the water resources we all need and enjoy. What do I wants I want clean, safe, affordable drinking water that continues to come directly out of my tap.I want my daughterto know what a natural stream looks like and get to grow up playing In creeks likeIdid— notconcrete ditchesl want more communftles to take the step Fayetteville has, wrognsing the importance of this Issue_ We have the chance to be on the leading edge of something great for all of the citizens of our city aswell as for other cummunitles In our area because water knows no political boundaries, Please vote for this ordinance and continue the Fayetteville tradition of doing what's right for the environment and the community, and being on the cutting edge of protecting our natural resources Trackyou abrader time Please feel free to contact me if you have any Questions. 0.egande, OawnFarver (2/1412011) City Clerk FW Overreach in strenampank ordinance propose) Sete f j From: "Atlella Grailamplaggiwdoxratty, To: "'City Clerk "'rely dlerkigr fayattevllle.or. us, Date: 211412011 12 09 PM Surplice FVV: Overreach In streambank ordinance proposal Sondra, please forward to all council members as well as Karen Minkel_ Thanks, Atlella -- Choral Message --- From _cadge imelltc'.gklingaguarkedu] Sent Monday, February 14, 2011 1149 AM To adelleg@cez net Subject Overreach In dreambank ordinance proposal Feb. 14, 2011 Dear Councilwoman Gray I am writing you as my Fayetteville city Council representative concerning the pending d eamside ordinance before the Council. In short. I am opposed to the oMmence as currently written. It strikes me as an overreach by the City he Impose a SO foot setback on opeambanks. Taking research done for Am iturel production (especially as It relates to heavy application of poultry waste applied to pastures) and responding it onto half acre city lots seems to be unsound In both reasoning and practically- My specific concerns are 1 The way I read the oNlnance all gardening act (other than wing) are prohibited. My reading finds Mtge real difference between the first 25 foot and second 25 foot zones as it relates to gardening. I would be a lot less uncomfortable about this overreaching legislation if at least a statement under permitted activities would include as allowable?Normal gardening activities?. 2. As I read the ordinance, application for a building permit will trigger the establishment of the efreamelde site boundary. It seems to me that the City Is setting Itself up for a situation where most homeowners will knowingly or unknowingly be in violation of the ordinance. Being as application for building permits Is a relatively uncommon event while maintaining your property In a traditionally managed (and generally expected) manner Is ongoing each year, most creek side property owners will be In violation of the 59 foot setback. Ordinances that cannot be maturely enforced make all of us less respectful of all such ordinances. 3 The city currently had a requirement In Its building code application fora 25 foot setback for?pedodlc and live streams?. This requirement does not have the long list or prohibited activities but does address basic dreamside construction activities Thanks for your attentlen. I encourage you to vote against this ordinance. (Z142091)City Cl k FW Overreach 1 a b nk ordi proposal Soils 2 Gerald Kinsmen Page I or I City Clerk - Please forward this to Council and Alayor From: "Geon Oelsner'"<amanwaitersencookl To: <city_hnk@ci.frvctkvu1Iu oeus> Date: 2d4/2011 11:02 AM Subi Fleeing forward this to Council red Mayor Dear Council Members and Mayor Jordan We supper the Streamade Protection Groomed as an essential way to reduce non point source loadings of total phosphorus In the Beaver Lake Watershed and utimntely In all the City s attorneys. We applaud this proposed entrance as a specific, proactive protective measure, In a time when It is crucial ev reduce group and water and air polluter by every means possible. Please vote in support of it Thank you Geoffrey & Leslie Oelsnar 1451 N. Canterbury Rd Fayetteville, AR 92701 file://GADoeumelM1t and ScfdngalssmltloTeval Settings\TempIXPgrpwia A4DS90BD2£AYETTEVILLEC... 2/14/2011 (2/1d/2011)City Cl k St ea Ordinance C nls Ple fawertlto Oty Came Iand Mayor Care) From: Tom Dureke Rduroka@gmall.core> To: ccltry_olerk@ptara lleerus, Date: 2114120111'.15 PM Subject: BVeamslde Protection Ortlinance Comments— Please remove to City Counoll and Mayor To the Honorable Mayor and City Council members of Fayetteville I am a resident of Fayetteville, AR, and I am urging the Clry Council to support and pass the proposed Streamside Protection Ordinance. me to this community In 2010 after Living for25 years in central Texas, one county downstream from Austin. Surface contamination of groundwater supplies has long been 9 contentious Issue there its Austin's drinking water comes mainly from the need recharge of aquifers In And topography which mere days later enters the Colorado River and water -supply lakes This Is quite similar to the hydrological regime responsible for Fayettevllle's water Certain property and developerrightsfactions In Texas often argue that their immediate or proposed business concerns trump current and long-term public safety and the health of the environment Please do not let similar short-term Interests thwart the very reasonable public policies that can be satin place by this ordinance in this community. I con not stress enough the Importance of passing a strong ordinance to protect the growth plans and Inescapable population Increase in and around Fayetteville. Vegefeave buffers are proven to slow bank erosion and trap excess phosphates, bloc tles and toxic automotive chemicals that froe others ice very Costly for municipal water treatment plants to remove m drinking water. In partrsrtexas, I we founded and directed a bur County land trustpunes and Prairies Land Trost, Ready petorg) from 1989.2009. In addition to writing six conservation easements for 1100 acres of agricultural land I also spearheaded the acquisition and restoration of 60 acres on two miles of Colorado River shoreline In Bastrop County. I am quite f rmlllarwith the Impacts of unregulated growth on riparian health, Including sedimentation through vegetation removal and aggregate ping, as well as contamination through nutrient -loading, parking lot runoff poorly operated wastewater treatment facilities and broken septic systems. I appreciate your openness In Considering assisting poll affected landowners with conservation easements and other such options. From the vantage point of a city of a county economic development must look tar beyond the next quarter This will require your courage and foresight to set policies that reach Into the next generations, those of wur children and grandchildren who will Inherit whichever lands and aters our current generahin sees fit to protect. You as policy makers will seldom have so clear an opportunity to vote for the future of the people of this community. I wood be pleased to answer any questions you may have about my position on this Issue at my email address_ Rdureka@gmailcum, Thank you for your attentton. (vtmzott)cny ci k st e ora`ina c ants Picii t7wamrocryc 'nci and, Mayor - seta Sincerely Tom eureka 99W. Pike St. Fayetleville AR 72701 Page 1 of 1 City Clerk -Attn: City Council MGnbcre From: Lawarma Banning<onysuc®sbcglflma1 nco To: ¢Ity clerkikin Cayettevildm,us> Date: 2/14/2011 10:12 PM Subject: Attn City Council Members Please forward to all city council members Dear City Council Members, I am writing In support of the operate on finance that is now being considerrd I am en educator at Lake Fayetteville Environmental Study Center. Our center serves over 4500local students each year. One of our main topics of study is water quality. Every bay, I describe to my students the damage done to the water by nompolnis u ce pollution, especially fertilizers and sediment I take 10- year aids to the creek and I have to explain to them why the creek Is green and slimy. They always ask 'How can we fix it' My answer is that It is complicated and takes alot of cooperation and leadership to make a deference I firmly believe that this streamelde ortllnance Is a great way for the dty all to show this leadership to begin the process of Improving the water quallry In our local streams This, In turn will Improve the quality of life for our residents, protect our property from damage antl degradation, and lower costs related to water reatment and flood and erosion wntir Along with being an educator who deals who water quality each day, I am also one of those streamslde residents who would be directly affected by the new ortllnance. I would be very happy to see that my neighborhood stream was protected from flooding and erosion and from damage by pollution I believe this would enhance the beauty of my nelghborhootl, as well as help maintain the value of my property. I hope the council will vote to approve the ordinance. Sincerely, tawanne Banning file ./CADocuments mid Settings)leansmffi.ocal 9cttirifli I cmplXPgrpwacWD59ARCOFA._ 1152011 'iry15120117 clry clam- IMPORTANT. streamside protection ordinance Pepe 1 From ae�am.end, mach csmaol To: ¢ity_clerk uafayettaville at CC: 21@uarkaM Oats; IMPORTANT stAM Subject: IMPORTANT. slreamsitle protection ordinance To Fayetteville City Clerk'. World you please forward my message to the Faycouncil members and to Mayor Jordan. Thank you. I probably will not be able to attend the Tuesday Peb. 16 meeting and thus wish to express myvlaw In this enel I fully endorse the proposed ordinance to protect our streams, pathways, drinking waterand wumrce habitat from pollution. This pioneer sport is deal wise public policy based oil e. This is an l NVESTMENT In public welfare for all of us I m a property owner who believes that I do NOT have the fight to do just ANYTHING with my property Rather I consider that I am a STEWARD responsible for public good I am happy to comply with sensible and uselul ordinances l hope that other property canes will join me in judging that the proposed policy IS in our own Interest The ecosystem is seamless Sao and we must have the knowledge and the desire to be a partner wAb nature and our community I urge the city council to approve this ordinance_ Thank you. Suzanne H.MacRae, 517 Fallln Avenue, Fayetteville Page 1 of I CityClerk- Re: Streingide globa nca From: Barbour Plaprnrlckmfitz 1951(Uyahoo.00m> To: CIO Clark ¢ity_clerksaici,feyourvllleal'.use Date: V1570112'.10 PM Subject: Re'. Sheamslde Ordinance Thank van I have a stmolli running about 200 feet behind my house and domyall bast to not do anything harmful to it, but Ian only one person and that stream adds all the way from the ridge to the Illinois River. Iitlike a little help in keeping II clean :J Thanks again. of -- On'Pne. 2/15111. City Clerk warty clerX@[i.Iryenenme.nc us>wrate From. City Clerk tdty_clerk(a)c ahead evihe.ar.us> Subject, Re: durability Ordinance To_'Rai barn Fitzpatrick" bfitz 1951@yahoac na> Date_ Tuesday, February 15,2611, 12,08FM lhankyouforyouremall.It has been Invoiced to the Mayor and thc City Connell. Haven Bdmincy! Office of the City Clerk City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (079)575-8323 airy_cterloake fayefteaville. acup TOO (Telecommunications Device for the Deal): (479) $21-1316 Dmbara kneelall<bftz 1951(dyahoo.com> 2/15/20118-16AM>>> City ClerkPleasepass this email on to the Mayor and the Council. ]banks, bf ratting the Streamside Ordirwnoc- to use a fen old saying. "an ounce of famsenfion is worth a pound 9eand 'one stitch in rinse saves nitre' -pass this ordinance, please, iffir no further reason than it is a lot less expewive of tax dollars to prevent pupation problems than to clean them up afar tilt feat. ce ones doing the prWning had to do the cleaning, they wouldn't pollute. Since polluters got a pass and taxpayer gets the e1eu>up bill without such regulation, I as a taxpayer' want the regulation_ Your new nessage! mail alerts wllhthe five Yahoo' toolbar:. Now thus room scrvlcel Chased fir 150,000 hot - is mm45POU destinations pn Yahoo! Travalto find your fit. filc>/QWocumeiitsand.SettingsVlbransonALocel9ettfngsATempAXPgtP�iseA4D5A895'IRA_ 2/15201I Page 1 of 1 City Clerk-6treamside Pi stardom Ordinance trial "Cirol(liquy ¢lypayrf-kanmozneo To: �ciry_elefk(rTici.teyGtcvillner.us> Dais: 2152011 11t41 Ail Sul smzRlnaide Protection ordinance Deer city clerk. I wish to object to the endorsed protection ordinance to the extent that it prevents mowing and weedogrig along streams. I do not object to banning pesticides and revenues and fertilizers although monitoring and enforcement would seem to be problematic As someone who lives along a stream and has hood on rive rocks front property In the past I know the has ame in ofIved with allowing streams to become overgrown in Arkansas. In shad we have an abundance of poisonous snakes In Arkansasand keeping the grass cut and stream banks weed whacked Is the best way to keep them from Inhabiting yard space, where they would encounter humans. In addition, making If illegal to cut gags and weeds along the stream bank makes it impassible to access the stream. I do not see how restricting an owner's a mess to his own property is anything other than e taking of that owner a property. Also, ordinarily access to a stream or river has traditionally enhanced the value of reel estate. The ordinance which you propose would convert e property owners asset and make It Into a liability upon resale, If the owner can no longer maintimin his property and protect himself and he family from poisonous snakes Please forward my objections to the city counsel members before tonight city counsel meeting. Thank you, Carol Gregory 479-530A456 2748 6. Hunt Lane Fayetteville, AR 92701 tileJ/GADocumems and Settinior%runitlolocal Settings\Temp\XPgr])wiseA4D5A666CFAYF.TFFVILLFC_ 2/15/2011 page I of I City Clerk -I support the proposed ordinance to protect our waterways Prmn: "Cynthia Vani h <Qvanbib(o))i tOL, To: ¢lty_derkCcifayetteville.acua Date: ?/1520119'.49 AM Subject I support the proposed ordinance to protect our waterways Cynthia VanSibber Ii1rdC%Documents and SettingsVssmithVLca al ScMngsi IcmpAXpgrpwisd4D5A4BA5FAYFTTAV]L5.5C.. 2J15C011 Fags I of 1 City Clerk - Support Riparian 01 dinaaae From: DNealy�dgn.e4ensgreen�a}gmail.runv To: Laity_ elork((clpi.frchnovillcar.us> Data: 'y15,20119:08 AM Subject: Support Riparian Ordinance Deat Mayor Jordan and City Council Members: Crusts projections indicate that in the next 14 years the X W Arkaroe s populace will increase to over 800,000 and will exceed L2 million by 2050, The 5n'emafide P,otection Ord iwna pmvidu an oynuno,ty ost, uglalle amplaen Iaeh rooh"teaed coca only) ly too , st coa arngmyds NOW pmtwill help guide propeny management invariant and future dondopmentlland use changes to acconinnodae an ever expanding population in inch a way as to minimize a broad specmlm of impacls and affiance quality of life and natural system functions. A healthy environment and wise milization of natural resources ensures economic viability and vimlity I hank You for your time and consideration. Sincerely, Dot Neely/Ward t of nsatiable la Not Sustainable.' Doug Drown/Author (2001) file//C:Doeuments and Settiruvasinth)Local Softni IcmplXPgrpwisoA4D5A42]2FAYFlI FVI LL62I.., 2/151011 Page 1 of 1 City Clerk - City Council From: <CopeCindi@aol. ton, TO: mlty_desil Interpaity or us, Date: L1520118.36 AM Subject: OIIyCounGl As a long time advocate of environmental Issues. I strongly support the Bireamslde Ordinaries A few simple facts: T While working wM S Fayetteville schools to become Litter Free Zones through Keep Arkansas Beautiful , ONE cigarette butt In 2 gallons of water becomes a toxic solution within 24 hours killing 80% of aquatic lit_ Think of al the cigarette butts after an event like Bikes, Blues end BBo that go Into the storm sewers and into the streams. 2 Pet waste, livestock waste washes Into our streams They can carry toxins. 3. Pesticl0e, reduced also flows Into our waterways When you see bad at Ne end of a word, if means to KILL. Do we want our children playing In toxic waters4 4. Riparian Buffers help to protect our water fall these toxins. Awonderful example Is what Saudi Formica did at Gulley Park with the repair to the creek dremeucelly Improving the water quality. 5. It Is LESS EXPENSIVE to prevent this problem rather than correcting It later I am a resident of Want 3 and win watch carefully the vote- Vote In favor of the Shaamste oNmanpe. Clndl cope 521-os34 FlIe.00VDocuments and Settings'smtithoatelSettings' Tchip' XPgcpwisA4D5A31319FAYETTF.VII.LFC_ 2/15,2011 (2/156011) C ty ClkMsse Breach Otl e r e to 9ty-Odured and"Myor-_-sere ri From: Sonja and Tom Rom menninge«gsbcglobatnet> To: miry_plerk@ci.fayettevllle.arus, Date: 2/1512011 12a0 PM Subject: Message In support of the Streamsltle Protection Ordinance- please foreard to City Council and Mayor February 15. 2011 Dear Mayor and City Council members, writing to encourage you to pass the Streamsltle Protection we we ere Fayetteville residents of eve years and property living close to Tanglewooa Branch Like many Fayetteville lives, we by to do our part to protect our watershed and ecosystems resou rces We deliberately minimized our home footprint (about 1000 Wesqft)dAbout use artificial of me pmpeer la vegetates, we comg Dative of We ailnotusenrarfused w ter foltles,wecollectsomeof the rainwater and rarely use cloy water for irrigation. We support the principles 025 impact calls for the creation antl of goals of the Fayetteville City Plan (goal, which calla for the creation Oran 'enduring Breen neNJork"(goal 5). The Streamsltle Protection Ordinance Is a logical step, and a step in the right tllrectlon, for He city to take It does not place an undue burden onpmpeRowpe ryOwners On the contra, we are confident that it will save rma�community money In the long run as well as helping re protect and � a me quality Of Of Our anv'a current and mmra raamema. Sincerely, Toni Morningstar Or. Sonja Hausmann 301 S West AV, Fayetteville AR Pane 1 of I City Clerk- Attn: City Council Members Front: Lawanne Running monesuctuisbcglobul.not> to: <city _clerk@ci.fnvottiello.eous, Date: 2/14/2011 lO P PM Subject: Atm: City Cconsul Munbcn Please smord to all city council members. Dear City Oounal Members I am writing In account of the Areamslal offnance that is now being considered I am an educator at Lake Fayetteville Envlronmeafal Study Center Our center serves over 45001ocal students each year. One of our main topics of study Is water quality_ Every day, I describe to my students the damage done to the water by non connoted polll especially fehilaers and Accrued I take 10.year-olds to the creek and I have to explain to them why tha creek Is green and slimy. They always ask "How can wefikit? ".Myanswer is that it so complicated and takes a lot of cooperation and leadership to make e dlftelanee_Ifirmly believe that this advances ordinance Is a great way for the any round to show ph is leadership to begin the process of mil Off the water quality In our local streams This In Wm, will improve the quality of Itle for our residents, protect our property from damage and degradation, and Tower costa related to water treatment and flood and erosion control Along with being an educator who deals with water quality each day, I am also one of those streamsitle residents who would be directly affected by the new ordnance_ I would be very happy to see that my neighborhood stream was protected from flooding and amseen and from damage by pollution. I believe this sidle enhance the beauty of my neighborhood, as well as help maintain the value of my property. I hope the council will wore to approve the ordinance. Sincerely, fortune Banning file //C.ADocuments and SctlingsAssrn tF d. al SettingsVI kdXPgipodc%4ll59ACUI Arl I LVLLLC.. 2115/2011 Page 1 of 1 City Clerk - Streamside Protection Ordinance From: Donna Kisling <donnakisling@msn.corn> To: <city_clerivibafayettevite.ar.us> Date: 2/1S/2011 1:28 PM Subject: Streamside Protection Ordinance I am in favor of the Streamside Protection Ordinance and ask that the City Council members and Mayor Jordan vote in favor of this Issue. We need to not only protect our streams and drinking water but keep northwest Addi healthy and beautiful with tree plantings. Please forward this email as nodded. Thank you, Donna Kisling file:OC.ADocum erts and 8eltingsUbransonALooal SettinksATeinpAPgipiviseA4D5A7FS I For . 2/152011 Page I of 1 City Cleric- Streemside thoughts -support From: SarahLevis rsazahelairedsco s®girraddory To: Sondra Smithudiry_clark�ci.fayetteville.ecus> Date: 2/152011 1:47 PM Subject: Strcamside thoughts -support Please forward to the Council and the Mayor for Mc Thomas. --- On Mon, 2114111, Michael H. Thomas omJffmmm�utsbeRlabSnzn wrote. Michael H. Thomas saralihelaimessea®9rissI om a. Monday, Febmary 14, 2011, 1124 AM Streamstde issue currently order review. As one of the founding members of The Botanical Garden aj the Ozarks, we were seriously concerned about rumff of chemicals and other materials into the lake -fed stream mmring through the harder. 1 encourage the l ash ueville City Council to be vejy supportive of any praentive measures advanced. "thank you. Michael 11, Thomas reve.are kZ file .//C:d omments and SetdngsllbranaonALond SettingslTemp4 PgpwfeeA4D5A83F7FA_. 2/152011 Pago I of I City Clerk - Streamside Protection Ordinance From: joanna fallacy <ggg73dPhotmail.com> To: <city_clerk@CISayetteville.ar.us> Date: 2/15/20114:31 PM Subject: Streamside Protection Ordinance Please forward this to the Gry Council Members and our fabulous Mayor Jordan: I am a Fayetteville resident and a property owner with my spouse, Chad Pollock. we support this ordinance and believe it is what is needed to protect clean, safe water. Property ownership is a prNOego that comes with responsibility. It is not a license to do whatever anyone wants without consideration for the greater good This is a fair ordinance that is not extreme, but is well reasoned l also believe that people who do not reside In the city of Fayetteville should not be allowed to speak to our city council at the microphone without permission from the Mayor. They can practice their freedom of speech according to our 03 constitution, but their opinion should not have weight in matters of our city governance. Joanna Pollock 243 Prefer Lane Fayetteville, Arkansas 72701 >oS 828.5695 (cell #) file://C:ADooumetry and Seniogolb arrem AGoal SdtmgsATemkdXPgrpwisc141J5AAA5FF_. 2/152011 Page 1 of I Cily Clerk- Shvamside Prolcedion Ordinance From: Berne To Lancaster-bettieluIsneastero)gmaiLwno To: mitt_cluk(aFr.leyeueville.or.us>,<t„aA3yosl �dci.feyollmille.er.ua>, ward3yoe2p,lrihayevevoleui us> Dale: 2/152011 7 34 PM Subjecl: Sueainslde Pootection Ordinance To the Mayor and the Cik Council: Please vote POR the Svrsmside Pmteclion Ordinance. 1 live on Mud Creek, which is well buffeted behind my home 1 hope tire people uµdream Rom me will keep u vegetation buffer, so I can continue to Joy this stream. This ordinance will not only pratert our streams, but the filter ing the segetottan proides will LOWER ou r because lees 11earment our ll benesded to remove pollutants from our dunking wentBett. 1913 Lo Lancaster 1913 to Overland Jul03 Payeueville, AR ]2903 GIeJ/C'ADocoment5 and SetlingsAssmithV,ocal SeRings\TempAXPgtPrnmtdD5AD54EFAY..- 2/I52011 Febmmy 16, 2011 16834 Lake Strout ad Rd. PayettevillG AR 72701 City of ayctievills, Arkansas I II W. Mountain St. Fayetteville, AR 72701 To the Ward I Alderwomeu. Dear Brenda Text and Adelm Gray, I'm contacting you in reference to tiro Streamside Protection Ordinance the city council is thwussingettlietimmont. I am so excited to live in a city that values the envleothroad id the preservation of the environment it really sets its apart in a time when economic growth seems to be coined above all other things. Even when times are hard, there is no excuse for neglecting our precious natural resources. Last year, my husband and I moved to the shores of Lake Fayetteville, where we enjoy views of the lake and our property abuts the city park. The Fayetteville, as you know, is an artificial lake met is really an enlargement of White River. It's and to communicate how wonderllrl tlra public park is —the wildlife Is thriving and abundant and the she services are aliveys in evidecpe—we have lovely trails that act wall maintained and new picnic tables last yen! It is so sad to see that some people feel the park and the lake are good places to dump own garbage, but the city pays for picking up that mash by hand twice a year, I believe. his unthinkable that we would allow trashing our streams as a matter of policy. Clearing natural vegetation next to the river is damaging to the ecosystem, to say nothing of went/artificial drains. The Stroamside Protection Ordinance%cold protect the natural beauty here that is becoming all too rare. Long after the economy has recovered amd you have both completed your public service, for which we members of Ward I arc very grateful, you will love a beautiful legacy in one Streamslde Protection Ordinance: that the natural beauty of our lakes and streams will be a gift to our children and yours Sincerely, Chust me Sheppard Lake Fayetteville, Ward 1 resident P,rz. ilaod Ctf'u tt,,(,i ,>r:f 12,f/S jirt r( F I PRESENTATION TO CITY COUNCIL AND PUBLIC Several speakers at the last City Council meeting questioned the legality and constitutionality of the proposed Streamside Protection Ordinance. I believe this proposed ordinance is clearly within the statutory power of the City Council to enact For example, A.C.A. § 14-54-702 states that "Municipal corporations shall have the power to ... prevent pollution of water or injury to waterworks." A `reservoir' (like Beaver lake) is one type of "waterworks" that cities are authorized to protect. This ordinance attempts to protect our drinking water source, Beaver Lake, by reducing by 75% the amount of sediment (which curries phosphorous) into our streams that flow into Beaver Lake and the Illinois River. The Beaver Water District's spokesman spoke to the City Council in favor of the Streamside Protection Ordinance because it wound protect Beaver Lake as our water sauce. I Ins. A.C.A. §14-54-702 clearly supports our efforts to protect this reservoir. This statute even gives the City Council the ability to go rive miles beyond our city limits to prevent pollution or injury to any stream or source of water. "(b) For the purpose of establishing and supplying waterworks, any municipal corporation may go beyond its territorial limits. Its jurisdiction to prevent or punish any pollution or injury to the stream or source of water, or to the waterworks, shall extend five (5) miles beyond the corporate limits." A.C.A. §14-54-702(b). The Arkansas Sapreme Court has interpreted this statute as providing a municipality with the power and duty to protect the comfort and well-being of its citizens by furnishing pure water. Dourlmut v. City of Fort Smith, 190 Ark. 289, 78 S.W. 2d 383, 385 (1935). 2sa The City Councilhasconsiderable discretion under its "police power' to regulate activities within and near its city limits. `"This court long age recognized that the varied uses and conflicts of city life required that much must be Ieft to the discretion of city authorities." City ofLi fle Rock v. Lion, 245 Ark.260, 270, 432 S.W. 26 455, 462 (1908) "The legislative power includes discretion to determine the interests of the public as well as the means accessary to protect those interests. Within constitutional limits, the legislative branch is the sole judge of the laws that should be enacted for the protection and welfare of the people and when and how the police power of the State is to be exercised." Ciry ofl owell v. M & NMehile Howe Park, 323 Ark 332, 335, 916 S.W. 2d 95, 97(1996) (emphasis added). The Arkansas Supreme Court has held that the "mere possibility of a public harm is sufficient basis for the municipality to regulate under its police power." Phillips v Town of Oak Grove, 333 Ark. 183. 191, 968 S.W. 2d 600, 604 (1098). It is up to the good judgment of the City Council to determine whether protection of streams and drinking water requires some streamside protection zones which would restrict certain soil disturbing construction or other activities from occurring. After considering all the evidence and statements presented to them, if the City Council determines that public necessity requires such regulations, the City Council has statutory power to enact such reasonable regulations. CONSTITUTIONAL ISSUES Some speakers at the last City Council meeting also claimed that the proposed regulations would result in a constitutional "taking" of the to owners' land such that an inverse condemnation had occurred requiring the City pay for the land within the streanislde protection zones. I do not belies c the proposed regulations would be deemed a constitutional taking. We have been challenged before over regulations that a landowner alleged constituted an inverse condemnation of his property. Mr. Richard Berry, as owner of the Thunder Valley Raceway, sued the City for $500,000.00 over this issue in 2003. Mr. Barry Lost The City paid nothing on this half million dollar inverse condemnation claim. Justice Oliver Wendell T oimes stated in a 1922 Supreme Court case, Pennsylvania Coal v. Mahon.' "(T)he general rule at least is that while property may be regulated to a certain extent, if regulation goes too far, it will be recognized as a taking." 260 U.S.393 (1922) This statement was reaffirmed in 1987 by Chief Justice Rehnquist in First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304. 316 (1987). The Supreme Court also held in that case that if a properly owner proves his property has been "taken" by land use regulation, the property owner may collect monetary damages to compensate for the taking.' The key issue is always when a regulation has gone "too far" so that a city would be exposed to liability. Prior to Fayetteville's first zoning in 1951, property owners could use their property basically, as they chose. The 1951 zoning placed many new restrictions on how the property could be used, but no constitutional takings challenges were made to my knowledge. Again, in 1970, the Fayetteville City Government reconsidered the zoning throughout Fayetteville and made significant zoning changes with rot the express agreement of all affected property owner's. Some "down zoned" property owners attempted to regain their previous zonings politically, but no constitutional takings challenges in Court were made to my knowledge. No suit was forthcoming when residential density in flood plains was reduced by city ordinance in the 90'a from four of more houses per acre to one house per acre. In Agins v, City oilTiburote 447 U.S. 255 (1980), a zoning ordinance limited development on a five acre parcel to five houses. The Supreme Court held: "(t)he application of a general zoning law to particular property effects a taking if the on does not substantially advance legitimate state interests or denies an owner economically viable use of his land." L at 260. The Supreme Court held that the open space policies of Tiburon was a legitimate state interest and did not deprive the owner of air economically viable use of his property. 'fire property revision's "takings" claim was defiled. In a regulatory takings case involving pollution control costs estimated by the owner to be $500.000 to $1,000.000, the Arkansas Supreme Court rejected a takings claim holding that "the company has not shown compliance with the regulation would be commensurate to a taking of its property." J.W. Black Lumber v. Arkansans Dep. of Pollution Control and Ecology, 290 Ark. 170, 717 S.W. 2d 807, 811. "The mere fact that a partial use of one's property is burdened by regulation does not amount to a taking. In Goldblatt v. Town of Hempstead, N.W., 369 U.S. 590, (1962). the court said: There is no set formula in determine where regulation ends and taking begins. Although a comparison of values before and after is relevant ... it is by no means conclusive, see Hadacheck v. Sebastian, 239 U.S. 394 where a diminution in value from $800,000 to $60,000 was upheld." Id. at 8 10-8 11 (citations omitted) The most recent holding by the United States Supreme Court in this area was the Lake Tahoe development moratorium case. Tahoe -Sierra Preservation Council, Inc. v. Tahoe Regional Planning Commission, 535 U.S. (2002). The Supreme Court held that the years long moratorium on development of private land within the Lake Tahoe basin while the regional planning commission formulated development restrictions to protect Lake Tahoe from degradation did NOT conciliate a constitutional taking requiring compensation. The Supreme Court held that "a governmental regulation ... that bans certain private uses of a portion of an owner's property ... does not constitute a categorical taking." Id. Thus the Penn Central analysis would be necessary to determine the likelihood of a takings claim to be successful in the Streamside Protection Ordinance. The first prong of a test is: (1) Interference/reduction with the owner's reasonable investment backed expectations of how the property could be used; The Streamside protection Ordinance does not affect any ongoing activity or any existing building on the property. Like all of our zoning ordinances and development ordinances, the Streamside Protection Ordinance could have some affect upon new development within the str straide protection zones. However, a landowner/investor whose property could be affected can obtain a building permit before this ordinance is effective and thus ace+Wplish any `reasonable investment based expectations of how the property could be used in the near future.'P' (2) Economic impact of the regulation upon the property's value; The variance procedures within this ordinance with appeal rights to the City Council should prevent the regulation from having enough adverse economic impact on any property owner's parcel to constitute a taking. If and when a variance appeal reaches the City Council, you will need to closely analyze any proven economic hardship upon the landowner resulting from the Streamside Protection ordinance in your decision to grant or deny such variance. This should protect the City from a constitutional takings claim. (3) Character/importance of the governmental interest in the regulation} The Lake Tahoe case decided by the United States Supreme Court against landowners/developers related to the same water quality issues that the Strearrside Protection Ordinance is designed to protect. The Arkansas Supreme Court has interpreted slate law to provide a power for a city council to protect the comfort and well-being of its citizens by furnishing them pure and clean water. In uriand v. City of Fort sesith, snaps. The Beaver Water District has requested this Streamside Protection Ordinance fron Fayetteville to help preserve the quality add purity of an Beaver lake water supply. It would be hard to envision a stronger governmental interest than the preservation of a clean and pure water supply for our citizens, businesses, and industries. CONCLUSION The City Council has clear statutory authority to enact the Streareside Protection Ordinance `the reasonable regulations, exemptions, and variances within this ordinance should prevent it from constitutionally taking anyone's property. Y k-- :s ����, Ni ♦ ^T �.. �,y �? r4 �,. i' h _ r � A c- <.� . . . ` \v / Opt _fa2w\f xzaw� � a .d*. ..,, n ,�. a r., ' ,. �� � �, C. IT t I i � � � 7 T+' ?. .�� ;fat �`�:� ..�' � Fbf'"''i" . ts.Xc.'�,.i :L' � � '� � yl __ .+ � 1, -� Y�- _ ���uf -� fii _ - _ �� .r;s;l:.:., „�„ -�-� s 4 �.�,.. r �s'�s.� "�JiC".'25 "[ - � � sue^= � __ �-c ►.per,., - � � ���" \ - _ 11' ti. ., , F 70( 600 500 Z 400 _ z3W 300 100 dfaw 4 &j a& A� ort eoMcJ Mee„ A-15'ao// S4vn K� Daily Turbidity at BWD Intake, (NTU) • II 1973 1976 19n 1983 1935 19N 1991 1994 199] 3000 3W3 ZW6 3W9 2013 Yes Haybd4ul- at J�u uJ Co�la /i1aai a'/s won Year2001 Year2055 UrbanlHigh Agricutture Density Low Density 1% Low Density 2% Pasture 79Yo UrbanlHigh Water 15% Do Bally a% 2% Pasture 21% Agriculture t% Water 4% Forest Forest 70% 60% Comparison of Year 2001 and Year 2055 Projected Land Uses in the Beaver Lake Watershed From the Beaver lake Watershed Protection Strategy Prepared for Northwest Arkansas Council by Tetra Tech (Sept. 2009) UNIVERSITY OF Aatenpi UdDIVISION OF AGRICUTTURC l-QAyfiy& Seoul fi-4 A-s— PSAJI d' a LOUmz: a/ds/aRn u�w Riparian Buffers, Functions and Values Kyle Cunningham Water quality is an ever growing Forestry Instructor course in cultures This concern has been demonstrated by the designacies Hal Llecht radicand surplus areas within Y Arkansas by Linclatwo Act 1061 of Professor of Forest 3003. Nutrient levels in these areas Ecology and Hydrology are such that continued application of mossIcer a aunlents round nogaGvcly Chris 61uhlln er ImpactwatersInArkansas.Storm- 9 water runoff from agricultural fields UA System Forest and their an ad a,,deposit sound. Manager ant quantities of sediment and multi mul data into drainages, streams and rivers. These essential, ern have significant impacts on aquatic organ- -cars A method for ordered pollutant depossfiea to curse wm A,da, is the implementation of riparian buffers Riparian buffets cm take oar variow forms, its endhmon the goals, for the bodies. Thin fact shoot dkwaaes the Figure 1. A riparian butter. Arkatu es is Our Campus Visit oar not site at Mppisecw.uawsite riparian buffers and their repentance to watts Trends and barred_ What Are Riparian Buffers? Ariparian aware tht land sdtacent to a contain river or ether' watmbrdy (parent 1), Thin land could be not uraIII v, closed, nfit fzed for agriculture or developed for urban Us, roll land areas opera and re solecism by the stream or water bodies. In areas where vegetation has art bran significantly disturbed, riparian areas help to insist,,, high water quality and healthy aquatic communities. Riparian buffers are snips of vegetation established cast to wat- ways in mamget landscapes end ao designed to capture runoff, nutrients and sediment and to restore a more reform aquatic onvuVr mend Riper ran bunters typically range f, width from 30 W sco feet from stream buck- The vegetation reduced may include grasses. shrubs 9hrc a vari- ety of trees -Ease vegetation type per. -syst- These questions direotl➢ and indimcGr generate tied eent types of value. Advantages of Riparian Buffers ✓Reduced revenue, pandific ✓ Reduced sediment rod n,,',sent err • Improved water quality ✓ lee nips"d be'tots ✓ Economic benefits ✓ Multiple use benefits • 41mberproducdion • Wanted, habitat • Aesthetics Roc • social oar anonreiy Ofnrmvw, urvmn ewers reduce, at tgnovn e, and avniy awommmn Poopereeng What Is the Purpose and Function of Riparian Buffers? Riparian boilers provide several fmportane ecosystem creative. Time, whiires an be classified Into two broad satugyrie r The first category require to their ability to Rant orredoce the environmental impact of management practices in upland produce of the landscape on water quality and aquatic oeaan- m,. The term buffer can be defined es'according that m s to separate two item, ,"Nlease, the shock! Thusparim debate aoperate adverse msystema from mamget leads aad maintain water quality by ailing as filters to lessen the amount of pollutants entering streams firm the managed areas The season category relates to a much wider array of riparian Ihmtlona In Arkansas the dominant vegeta- tion in natural resonance areas Is usually Uses. Thus, forested buffer's also provide wildlife habitat cheaper temperature moderation, stream bank restrictions, and food and habitat for aquatic organisms. Amore detailed explanation of these categories is below. Buffering and Filtering Sediment and Finatmrt Removal. One of the primary pap^r,s of riparian buffer v is Is reduce the moderatedsaccurate chemicals and other pollntnnr entewg atneam and watmbodiea. Water drags finm everyone, pastures managed operate or won urban developments an a,tam sediment fintihza5 psattddoa and other February (agency 2), Shearson buffers [however and bitter Class, materials m covered way,. Vegetation. goon as grass ordead foliage and branches from Wines on Nu sal surfaer, c,l has velocity of surface maof a,it enter, the into, Sediment and particulates remained in vwoff am deported an Ls hug ca<hur tkan in ainto ire the, cwaff velocity a redevelop low reduction if velocity day allows the mufaa waters he batter add. trat, the red, rorganic forbearer aad chemicals below the sod surface. Roots if equation in the buffer, abeam excessive nutrients aad other chan- cels contained in the mdru fare water Trees and grasses atiliw the aware nutrients (nutrients which originate homMNver applications or livestock operations outside the buffer) to grow.'These super cuts, especially in hays, can he stored in biomass for many decades. In addition, anarchist consumers; in the gall degrade chemicals and pesticides, reducing the potential for these materials to enter Aceams. Anaerobic sod membes (mgan,sms tent live in wet pals) am umrvert ewyrsve nitrogen hem fortNzer to a gas which is dissipated to tier atmosphere rather than entering streams. Where fertilizer or pesticides are applied by spread, buffer edges clearly delineate the boundaries of a field or merged forested aCard from that of the stream wratethody. Theo, direct application of agrorhomwals be case stream can be avoided All of these attributes help to maintain or improve water quality within the laies"m Figure 2. Unnotealed warnings am vulnerable to degradation. Brennan Ecosystem Services Aquatic provided. Since tlpman vegetation forms at the edge of stream or warprom es, It is a source of food and structural lumber for aquatic sequence, Foliage and branches that fall Into the stream provide a source of food to brother membe- brates (small organisms without backbones that live n streams and lakes). Magi of these organisms have apaoiali,ed testing that allow them to sired the tissues of this vegetation for consumption In small streams and headwaters, these invertebrates are at tire bottom of the aquatic food chair fdr tmaboa of also vegetation to stream banks mynnidlyim ,err the productivity of streams. Large woody debris (LWB) such as fallen trees and limbs provide structural habitat for aquatic communitles, to She wateaorme. LWB provides a location for booker inversevthereby provitersdes to dingrsting reduces stream velocity and thereby pto ena nesting mites for fish It helps ro add diversity to etleambed habitat. Bank Stability and senator, I4ot omen Vegetation and especially tree bu%bre stab9mm one banks of streams and reduce the ability of streams to erode banks. From of trees and other spectrum had the soil together. Vegetation is especially Important In canning paint bars that are typically formed by streams or rivers. Reduction of bank erosion main - deny the concrete depth and width Canopies of both grass and trees as well os the buyer floor it forested Indian interrupt incorporation and shield one soil surface Laos erosion. Raindrops that hit the amend without striking vegetation muffin more eamgy than do those Nat arm off vegetation These raindrops frequently detaen :recrude d ede soil crater Bem ttors reduce taking and ensure that and located in opinion areas does at banner a cousin a sediment in shears. Alteration of Stream Climate. Uses In ImI s help to return stream temperatures (higher 3), Studies have indicated that slaying of trees ended stream e n tartness maeimum summer map oalong take s re n to even when move outside forestide this stops along pact,, can where trees easeitlt this than ore removed, era heart performance ice are uc leas Hsuan ate...g ions ighie tmpmissolvare tant for in water mandate freg high levels of old high r ancenconditions, is rate; ofOr thm, w rate ter hula higher rtaccreha- tione o[Opd growth o roster. This is important survival and growth of d oxygen that repass, logher Ivadt oftll.tolvetl orygen Per example, Figure aTimes can be very beneficial to the stream climate, growth ofjash da mentioned base her bauu found to decrease with are, temperatures above 86T.. Wind speed and heredity are also altered by ripe iso vegetation .Removal of forested riparian vegetation leads to an increase a, wind speed and mansion k hnmldlty which may have negative impact on chapter and riparian communities, Thinking, It is edged ended that managed makers include streamaede, management zone, gSMZh thatmduae management activity u ships of uispng forested areas random to agnwlturw or urban areas au may positive Impacts on ,gains and riparian mm- asinos by moderating the water Understand; and climate. Wildlife Habitat. Firmed, areas me important habitat for a number of wildlife species (Figure 4). Since these areas arm hang. signal zones that can he flooded or earned dry at mine periods if the year, Figure 4. Riparian they percent are home W a buffers greatly impose livered community ofmain - William habitat. male, amphibians, birds and ua um=m we,a, , reptiles. In managed travel lewlsmme, Thaws betters are mm a creep, 6r avity-dwellmil wildlife seen as drug s ge els. when upland forests are harvested. Riparian areas and buffers can also provide travel corridors for terrestrial wildlife, linking different habitats or portions of an animal's territory. How Do Riparian Buffers Increase Properly Value? One might ask, -How ran the removal of land from production increase the value of a property" Fact is, there are assay added values that are gram died who, Tpan , buffets am cameramen one prop ends Those values may molndn timber ldlifo, resonance, credence, Tat, a no, s mental sad others. Depositing on the code for a beRen ad the partner,, Imffm Ivan implemented, riparian boilers may u tinge mu moll of the ,terminational values. Often three Is a misconception that land put aside for Adrian buffers Is no longer productive and there Arz, door cot generate as reasons, retain This note,, could not be hoped from the tri Portion of Tested buffers that moat, a Imnatcd component may he managed for timber production and no often tam, prodv,tivo than or5m upland first, (Famwo M. Figure 5, intends added buffers can be managed for timber production. Managing the timber in a buffer serves two purposes. (ll It allows the landowner to produce a commodity for economic gain, and (2) It ads in sustaining a vigorous, gmwing forest that optimizes inartistic uptake. Using aforested Tpmsau barer provWeg both economic and nmrrouwent benefits. Non -Traditional Economic Values passed may provide other economic benefits including potential blofaet feedstocks from greases (such as dwlbchgrass), carbon segmstratiee sentencing, heating assess, alternative agricultural produces (Rafts) and educe. WildIRe Value Many landowners are very interested in increasing wildlife habitat on their property, often for the purposes of generating covered. As stated earlier, riparian buffers ran facilitate this role reactivity. First buffers can be deaigaed toinrlade versions, structure and typos that focus on pnMding food m other forms of habitat for a particular species over as credit Samndlg buffers can be dropped to provide diversity in habitat structure that is critical for many game and In game species (such as songbirds). Improving wildlife habitat increases recreational opportunities revenue potential and property value. Recreational Value Riparian buff s greatly impact rooreatimml opportunities for a property. Tha meet cassava area of potential impact would be in urban areas where forested riparian butt can be, established to provide a parklike atmosphere flu bran usdeats to utilise. Often those °urban butlers' certain walking or biking trails to Increase recreatiorml opportunities. Other buffer types, on educational land; could provide different types ofmaroational opportunities such as heading or wildlife viewing. Aesthetic Value Riparian buffers of any type will increase the backbone value of a property In agricultural areas, buffers can provide a break In the tecrain. After sandy, m urban areas buffers can be used to create parklike areas or simply natural areas that separate urban structures. Also different types of vegetation may be unlined that provide ae rlietic quality, such as fission 9oworing Use spealwindmling dogwood, radbud or others. The ¢whose potential of buffers should never be undematud. Increased real rescue vamea aro frequently associated with forest and mesa urban ¢page In this case, ureteric value can frequently translate Into longterm Increased property values Social Value The social valor of riparian buffers could potentially provide the resource benefit of all buffer convince Iu urban areas, the values of riparian buffers are obvious In that they assist In increasing He livability of urban areas such as subdivisions or restructured ones. In agricultural ends —particularly nnutrient surplus areas— the mere act of Imply anfing riparian buffers could ease aoalticdng views toward equeWWssel practices and impacts on water nastily, r,been could provide We largest overall social branches Rlpminn boilers provide an cruellest opportunity to bottom multiple envlronmautal, ecological and social benefits while creature landowners In coating mtnpleuse oppartmroleg for their lands. Establish ing riparian buffers as antibody avoluntary practice that he, the potential to reduce pressures for scud regulation on land management methods 1RA rhaaeam. Landowners should examine how osbableform riparian buffers an their property could enhance value and Improve the livability for their famdow and their composure communities. Far additional information, ace fact sheet Y9A50e9, Hlparidn Buff aI Types and EspablIshmdnt Welu dr. brow G1INNGVOPAT1 U dupery deviceer with toe lldvevAty bouxi I. berfrouser If CaoFrate. Ectuaar, work, AMcf Maya R Ackwws, Mvirimayeancubses a Lim, lack. DA RAI, and .lea in rUS, U vef LIUCIATYhanmbry I, pmeew of Neyy and lgdbtr at the Appeases. Armbnewpmrsurvo Hrhreioo Seve's Unimuly a' "Iof Fureet newvsees At ens University of bkanmx at Ade,HY Thysooner. Corceranve E.Ievioe Survive oRea In shot leollo. CtlRIB BMMWGERie UA 9yema stair eaevync owedry' or rem, also vaonn at ore Arkoeee. Facet Re eon me Ceev., University of Arkensa It scone,.sodded Maaudlr. ocher III PrOdeCtial Loans and u m Accusative ITAuva an 5(IN Aonue[%an Uppormmly Puristic_ Page 1 of 1 City Clerk - Support for the Streamside Protection Ordinance From: Kelly Tribell urdlyhkad v,'gmaikcom> To: Acity cletk(Acitayettevillearms> Date: 221/20111051 AM Suhjeek Support for the So-eamside Protection Ordinance Sondm, please forward: Deer Mayor and Council, I'd like to offer my support for the Sucamside Protection Ordinance as it is currently written. f do own property in the affected area and feel t can continue using the property as I always have. I believe that the overall improvements offered by this ordinance will benefit the value of my property. As a community we can also make use of file natural filters already, in place from the proposed buffers to help lower our dependency oil engineered filtration and cleaning systems (and hmtec higher taxes later oil). These systerue me already in place and all we have to do is protect them to allow them to help us. This brings another point forward I own a business here that depends on our community remaining healthy. vibrant and forward thinking. Everyone ofmy clients is making the choice to reinvest in this community or invest for the first time, If we dolt take care of where we live buoure of us call expect for oarea to continue to tluive. My livelihood and those of other small sinesses (and big for that matter) depend on yen to support our community as a whole by protecting one of our most valuable resom'ces. A common conversation with a client moving to our seen for the first time always includes the benefits of living in such a hourful area of The Natural State. I'd nice to see us try our best to keep it that way. Tariffs for your consideration, Wm. Kelly'I crop 479582.LEND (5363) Northwest Arkansas 501 663.Li (5363) tdWe Rock e -Y("" i I❑ I '❑ IifY arm± file://C:ADocuments and SettingsVlbransombucelSettings\TempUPgrpwiseA4D6243AEFA._ 20212011 Pagel Off City Clerk- Support Stream Orduwuce Proiu: arechuggeuieoe®wxneo To: "city cleik(d�ci£nyetteville.nr.ns" miry cled4cLeyeuecillea¢as> Date: 2212011 10:52 AM Subject: Support Steeam Ordinance Sondra, Can you please forward this email to all city council members? Thank you so very much. City Council Members, I am writing to encourage you to SUPPORT the Streamside Protection Ordinance, and pass this measure on March 1. As is the case with so many important environmental Issues, streamside protection Is actually an economic issue, a health and safety issue, and a quality of life issue. As an environmental educator, a member of the Environmental Action Committee and an active community volunteer, and as a life-long resident of Fayetteville and mother of two little girls, I urge you to take this step to ensure the quality of our water resources, Sincerely, Terri One file )/C'Documents and SettingsdIdnanewlLocal Senini empAXTgfpwkp%4D6243DykA... 9/22,2011 Page I of 2 City Cloak - Swimming Pool Flood and Erosion Problein Pies Frmm: Melissa Terry onelissateyeacorg> to: ncity_dwk�ci.fayoueville.anus� Date: 2/2220111049 AM Subject: Swimming Pool Flood and Erosion Problem Pica Attachments: Griggs Pool Flood,jpg Griggs Backyard Flood.jpG clear creek pits 025,jpgt lrusema view dowusveanJPG Hi Studio, Will you please forward theca photos to ourotry counoilmr'c Thank you! Melissa Dear City Councilors, I'm sending you the attached photos vin John Pennington @ the G of A Extension Sin vice..Blease teed his message below and check out his photos. Hem arc those photos of the pools by the stock. Griggs pool flood is showing (lie aflermain o f a hood in which the pool is filled with on bid water. They say it costs about$2,000 dollars after each flood to clean the paid out. Griggs back yam hood shows the flood in action and you can barely sec the outline of the pool underwabi.. Irasenrn dmvmaintain view shows a built no brickwall vcry close to the cask which has tied erosion in the past and you can see it is continuing happen. Behind this brick pcho wall is the pool, Cleat Crock 025 shows Pro same brick pool wall, cad some new mnaed and freshly re worked rock crack and disturbed soil. -they've land to work it fixing the problem again and each fix is Pardus taking away from the beauty and function of the creek- not to mention not fixing the problem. Hope these can be or use for you somewhere along the line. "Palk to you later, John John 11. Pennington CFiA-Agiicultnm/ Water Quality Washington County Cooperative Lxtension Service 2530 N. McConnell Ave Fayetteville, AR 7g704 111e PC ADocurrome and 5etnlgsVkafflthVLocal SettingA I vimpAXPgrpwiscA4D6394B IFAYL9'1'LVILLLCI . 2,22/2011 Page 2 of 479 444-19]0 Fax:444-1964 lhpenningmn@ttnacx.odn National Center for Appropriate I cedrology SR Field Office 247 W. ('enter Fayetteville, AR ]2]01 near org 479 575.1385 National Center for Appropriate Techn010gy SL I road Office 209 W_ Center Payeneville} AR 72701 wt org 479.57 4]9.5]i.l}&s filed/CdDocuments and SettingsAsvmith%Local SettingsVPompAXPgpwisc%4D6394Blli AYETTEVILLECI... 2/22/2011 Alk41- 4! +( . :` T�. +'`� g�' �i' J - I - �g.= ,.... ..: r 1r I(2/f312 1)OryCI k t deor2nence Frain: mantel rumnsopaguark.edu> To: cclty_clerk©d.fayetteville er us, Date: 223/2011 10:40 AM Subject: steamside ordinance Dear Council Members Inwriting In support of the eeide ordinance as It cards, I am sfremfavor of protecting the soil buffer and of doing what we can to reduce pclutants I am an ed roster and writer and among the many people I am In contact with, I know that many people share this view. Rebecca down Harrison, Fayetteville, All Page I of City Clerk- Streemaide Protection Ordinance Cmnmenns--fibre f somata (Ito city council and Mayor Prom: Am Mesmnian mosrobiana@gmailcoruo, To: milt_derkgoh.fayettevillCsr.us, Date: 2123,12011 3:19 PM Subject Streamside Protection Ordinance Comments --Please forward to City Council and Mayor To the Honorable Mayor and City Council members of Fayetteville I am writing today to urge the City Council to pass the proposed Streamside Protection Centuries. I moved to Fayetteville last year, after living in rural Bastrop County outside of Austin,'I exas since 1984. for the last loosely years I was heavily involved in mvvonmerllal issues in Texas, add for the last her I served on the board of the Lost Pines Groundwater Conservation District that set policy to manage groundwater occurred in Rasnop and Lee Counties. In my Icing on me Lost Pines board, I attended drums opcomerences covering water law, water conservation. water mounting and groundwater modeling in order to educate noselfso that Icould make informed decisions. While my policy making experience focused on groundwater. l learned a lot about the interaction of surface and gmnndwateu, and in particular the importance ofarrie side management via riparian buffer zones. As do the cities in NW Arkansas, most Texas municipalities have routine drinking waterreservoirs, in Austin, the Colorado Rivet has been damned into the Highland Lakes that 1ire and fall dramatically depending on rainfall and ranagement of the dams between them In addition to supplying fire Austin metroplex with drinking water_ a water management plan dictates when and how much water is released for different downstream users via a stunningly complex tapestry of water rights. While I am not familiar with Arkansas water law, it appears to are that the hydrology of central Texas is not terribly diffe enl from that of NW Arkansas. Both locations have least topography and shallow aquifers, and bath experience. Rom time to time, rainfall episodes that can challenge the best efforts of loodcontrol. Bothrely on surface water reservoirs for municipal ureter supply. Members of the public who view this proposed ordinance as a violation oCtheir property rights may not realize that we all live downstream from something Those same folks would likely seek a legal remedy if chunks of their steam bank calve off after upstream neighbors devegetate and pave to the water's edge prior to a big rain. In addition to reducing erosion and flooding, and improving water quality, appropriate management of streamside corridors will also extend the life of Beaver Lake. Few members ofthe public realize hurt every dtiNdng sister lake In the world has a life span inversely related to how rapidly it fills with sediment. Maintaining riparian buffer zones in the contributing watershed is the smartest and most efficient one to extend the lifespan ofthis man-made lake. 'roc same goes for water quality —the cheapest drinking water is that which requires the least treatment Riparian buffer ences allow mother nature to clean due runoff return it hits the sttcam, an ecological service that is absolutely Gee and will drastically reduce water treatment corn down the mad. file //C',Womments and SettingsAIbranmuALdeal SettingsA9'cmpAXPgrpwtsOA4D652599FA_. 2'13,2011 Page 2 of It is refreshing to me that the City of Fayetteville is forward-mitdring in many ways that I Cear lagged behind. 1 love my new community and while I tan not thrilled at the explosive population projections I believe met measures sued us this streamside protection ordinance can ansmethat s<mh gmwin occurs in the most tastainable manner. Fhtalp, no matter what the opposition to this might be today, mov is the time to adopt This ordinance. It will only became more difficult in the years ahead, and more costly to fix the damage done by inaction. I appreciate the hard work all of you are doing to make sure Fayetteville retrains one of the jewels of NW Arkansas. If I can be of help in any way you may cabinet me at mestrobiana@gmailgotn. Sincerely, Am Mesiobian 19 West Pike Street Pa omwillu, AR 92901 file HC Taosiuments and SettingsVIbransonALoeal SetfinWoTempIXPgrpwisoA4D652599FA,- 223,2011 Page 1 of 1 City Clerk- Please vote for the Strrtmside Protection Ordinance- Please forward this to Mayor Jordan and all City Council Members In am: "susvt Dmuilhat" Genedroid9jurcroys> Tar mihclerk(aci.fayetteville.anuso Date: 2J232011 3:49 PM Subject: Please vote For the Steamade Preferred Ordinance- Please for ward this to MayorJordan and all City Council Members Dear Fayetteville City Council Members — As a resident of Fayetteville and a member of the clays Environmental Action Committee, I'm writing to ask that you support the Streamside Protected Ordinance as It Is currently written. Thank you for helping make Fayetteville a beautiful and healthy place to I've, work and play' Sincerely, Susan Dronnnet Susan Product New Paradigms Coaching www.ne p of gmscoach ng com. (479) 443-1379 Get Free Fort µtlr Video Mail&VideoChat filedICADocuniebfsand SettingsVlbransonVLocal SettingsAlemplX gipwiseA4D652C3DPA... 2232011 FE�BPUSE . r1w, Er WiB�i HE UWRB UPON, MR, RAN BEI FeLnecnon February 24, 2011 MIUMPON PROMOTETO WATER QUALITYS UPPER WHI WHITE WATERSHED THROUGH UILOTATE SOLLAROAMPON ON RESEARCH, ELEGANT". PUBCIC POLICY AN Amox PROJECTS, VISION WITH D TOGETHER 0 MAKE BEAVER, TABLEROCK. TAxEYCOM0AND BULL SHOALS LAKES THE FOUR CLEANEST PAYABLE LAKES IN NORTH AMERICA BOARD OF TRUSTEES PETER MORscx[YO LAUNCHING X FAMILY EMTERTninueHT ALA TENUERRY BEAV IAT MARTIN DATE NMACDON LO 6111 OR' SIT" TODD PARNEL DRURY THROATY JACK HERSCHENO H even Av BCeEnTenTAuxenT HO AHILL MEAT C JOHNRIS I.OMOR v'anv BAS ARCHIE $CHAFFER TYSON FOLIOS, AMC. JOE WHITE CHARLES ZIMMERMAN WALEAR JOHN EpMOORE, JR. EE FAIR nFou NDATIONSTAFF DAv D CAB O LC.NVLETT000 ARKSWATER.ATCH.OKA NINA DANDOCAUSKI NINAOOZARKSWATER.ATCH.ORO PD Box 606 K IMeEPLiNOCiTv, MO a68B6 417-039-4100 FAX 417.739.9889 City of Fayetteville Mayor lordan & City Council Members 113 West Mountain Street Fayetteville,AR 72701 Dear Mayor Jordan and City Council Members: I would like to applaud the City of Fayetteville for taking a proactive approach with the Streamside Protection Ordinance. Riparian buffers are a simple, inexpensive way to protect and improve water quality through vegetation buffers. Between 50 percent and 85 percent of stormwater pollutant loads can be filtered within a 100 to 300 foot vegetation buffer. Buffer strips structurally stabilize banks and shorelines to prevent erosion and slumping. Trees and shrubs provide shade to maintain consistent water temperature necessary for the Survival of some aquatic life. We are blessed in the Ozarks with an abundance of clear, clean waters but we cannot take our abundance for granted. We must learn to preserve and protect our environment, even cherish itl The signs are already here that our drinking water supply is not unlimited and that our water bodies and environment cannot sustain our large population growth without a change in our lifestyles. Some of the changes can happen voluntarily but many will have to be brought about with help from the local and state governmental bodies. Again, I am grateful we have government leaders here in Fayetteville willing to start down this environmentally friendly path. Sincerely, ij p David L. Ca ialetto President & Executive Director Page 1 of City Clark- Stream Ordinance -Please forward to Mayor and City Council Members From: Steve Smith<its% ell e smith©yahooloo To: miry elerk(a)ei.fayetteville.ar.as> Date: 2242011 1131 AM Subject: Stream Ordinance- Please forward to Mayor and City Council Members Dear Mayor and City Council Members, My wife and I own our home on Pyrite Drive in Ward 4 of Payetteville Behind our home is trial lined drainage sea ale. lu fact, aline from my backdoor to the start of the concrete measures only 55 feet. This shouthe flews into a large moral water retention pond (I believe these are also referred to as noswales) before eventually flowing into Clabber Creek. When f first heard of this ordinance, l did not think our concrete structure would be includedklea da Adams_ one of my Ward 4 representatives ones kind enough to check with the city staff and this was their response: "The damage behold this house Is imouded In the premium steams map because it quark at least 100 acres and that is our benchmark for protecting streams We understand Me Smith 'sp ant that the concrete damage wale Is not providing a benefit to water quality itself however, a riparian buffer call still be a ben cot here_ The waterway on his property comaletiona s Info Clabber Creek The preposetl buffer worked preventpollutants from patching this warm ny whether ornut role dranage swele is coeatte, armed Is way we do not recommend excluding them from the ordinance. It Is not our current practice to create ceramic Rosati damage sandy and like existing streets, structures and activities, may are grendretbered In" I would respectfully disagree with the city staff on thus polar. If the water from my backyard needs this 50 foot riparian buffer, than wouldn't my neighbor across the street also need a riparian buffer for his front yard? Runoff water Pop his yard would They into the gatteroil Pyriteill water from those gutters Two to the end of the street and into a Ireland Cut feeds it into the drainage Swale in question behindmyhousc. Wouldn't this water also contain the rime pollutants (if not rose) that would need to be filtered oat? The staff mentioned that city sbrels and bridge drainage structures would be randfithered in on this ordlnaace. Could we not also grandfather in exisfing lots in platted subdivisions? Please understand that I'm not trying to be picky. However, I would draw a distinction between small residential lots, and the approximate 3000 feet of stream foreign that Raoral ack Park golf course has on Clabber Creek, filet/C:ADocuments end SettingsAIbrensonALocal SettingsATempAYPgrpwiseA4D6641ABFA... 2242011 Page 2 of 3 In fact, in round numbers, my backyard is 4500 square feet 3850 square feet would be within the 50 foot buffer. That is 85% of my back yard. If wealthy landowner or a corporation owned I60 acres (2,640 ft. x 2640 R or 6969,000 sq. feat) and a protected stream bordered onside, he would have 50 feet ofhis 2,640ft. of stream frontage or 132,000 square fact in the threaten area. That would be approximately 1.9 % of his total land If he mvved 80 acres (1320 A x 1320 tt or 1,742,400 sq, feet) he would have 66,000 square feet or 39%of his land in the protected area. 40 acres would keys 3.5%, ere. If this were a tax, it would be VERY mgnessive Also, due to our close proximity to this drainage structure and the storm water retention pond we see a large number of snakes in ourvaid. Last summer. my family was playing in the back yard, when I hear my 4 year old daughter say "SNAIkliI" 1 turned around to see my 2 year old son trying to pink up a 2 foot long brown snake. from across the yard, itlookedjust like a copperiead Ofcouse, I quickly moved him away from the snake, and after looking more closely, I could tell that itwas a Prairie Kingsnake and not dangerous. However, it could have been one of the many copperheads or cottmunoutha that I have seen on the properly. After that day, I started to de what I could to make my backyard less hospitable to snakes. I mow my lawn as close as I can without killiug it; I trim wound my fence, etc if fro reading flits ordinance correctly, I would have to begin to mo v my busby ard using my lawrvnowers highest setting. This would make my backyard more attractive to snakes and put my 3 children in danger of being bitten by a venomous snake. I agree that our sncams need to be protected. 1 want to see am resources protected, but at whet expense? Please consider the unintended consequences that could arise from this ordinance as it is written I agree wdo the spirit of this ordinance; however I think that there needs to be some reasonable exemptions for Aacre lots in an existing platted subdivision. I don't think that the majority of someone's backyard where their diddren play is a suitable area for a ripener buffer. Again, I agae with the intent of this ordinance. III held a larger tram of land, I would be more than happy to provide a 50 foot stream buffer. however. l don't think it is reasonable to ask homeowner to give up 85%of his backyard. I would iespenfully ask that the council either grandfather in existing lots in platted subdivisions, or at a mend this ordinance an that the buffer gene is adjusted to taken more than a wasenable percentage of a person's property. 5le>/CARcumenU and ScuingsVIbranstreLocal SettingsATempAXPgrpwiseV4D6641AHPA_. 224/2011 Page 3 of 3 Sincerely, Steve Smith 2862 N. Pyrite Drive Ward 4 Fay enevil le, AR Stcvcp. c. smi4 n}\-ohoo.com filar/CADocmnems and SettingsAlbrmsonALeea] Se¢utgsATempAXPgrpwiseV4D6641ABFA... 2242011 Page I of c'ty Clerk -Please vote for Streamside Protection Ordinance in its ORIGINAL FORM From: LaweMa Bernard To: <city clerk@ei.footteville.enov Date: 2/2F2011 3:03 PM SnbjecO Please vote for Stionfu oProtection Ordinance in its ORTG1NAL FORM Please forward this message to the mayor and the members of the city council. Mayor and Council Members, m wRing to you again In support of the Streamsltle Protection Ordinance that is currently being considered. I understand that several ammerc ments have been proposed that would weaken the ordinance. I would ask you to vote for the ordinance In 15 original farm. The ordinance, In Its onglnal form, seems reasonable and moderate to me. I am a strunne de resident who will be directly Impacted by this ordinance. I am more than wild to forgo some activities on my property In order to help protect water quality and streandan k integrity_ I believe that if this ordinance is passed, then the people who live upstream from me are MORE LIKELY to make good choices that affect the stream. This will protect the beauty, carry and value of my property and the p*di of others. I would like ALL of Fayetteville streams and remarried residents to have this protection. Part of what draws people to Fayetteville is its natural environment Everyone knows this Dlhy water and wsainki ut streams, which will become more common as our population Increases, will only hurt this quality of life that attracle so many to Fayetteville. Protecting our obscure NOW, can limit this damage. I work with children even day at Fayetteville Environmental study Center. The creek where I fake the m- year aide to fish has become greener and more slimy every day since the warmer weather rearmed_ EVERY SINGLE DAY, I see what eaobes uncivil do to the water and the organisms living In it The kids see It too. They aren't happy about it. Please vote to pass the Streamode Protection Ordinance In Its original form and set a good example Or our residents, our neighboring towns and for our children. Respeciiully, Lewanna Banning file PC:ADocomenrs and bettbAVIbranBonVLoCal Settings\Temp\XPgrpwiseA4D66733BFA... 22512011 Page 1 of t City Clerk - stream side protection ordinance Frmn: MarciaDoNey <donley.mamla@gmniLwm> To: ¢ity_clerk@cifayettevilleninue, Date: 2/272011 7 24 PM Subject: a:cem side protection ordinance Please add my name to the list of those who support the stream side protection ordinance. Ifpossible, can you forward this to all ofihe city council and to the mayaY Tbankya\ Marcia Donley 200 Batten Ave her 72701 Marcia Donley Spay Arkansas Founder 479,871.4418 donlcyanarcia@gniai Leon) filed/L.ADoouromts and Settings/Ibranson/Loeal Seuinp,\TenP APgrpwl6 C4D6M4DCP_. 228/201I (2/28I2011)QtyClerk-What sat stek bineyrd-rinkinig wati to Il of us in NW � � Be to i+ From: Jim Bemis rnputpm®ebcglobel. net> To: <" clerk®al tortoni or US> Date: 2/27/2011 9:43 PM Subject Whafs at stake for our drinking water — for all of us in NWA9 Atlacbments: WhafsatSteps with Sryeamslde Ordinance-- for all of us In NWA door Sondra — Please pass this attachment along to the Coundl, per notes from Ba2M1 Hope you're doing well. Jim Bemis February 26, 2011 Fayetteville city council Whets at stake for our drinkNg water for all of us In NWAP The most even handed (and briefest) answer I've seen for air stakeholders In Beaver Water District is coaled below, courtesy ofUA Extension Service. If you drink water occasionally, please support this beachhead on Insurer night Jim Berlin IOMlnanoe depportdo now drinking downstream In Benton Cc) From UA Extension Service Bulletin What as a Stfeamsider Protection Ordinance - - short version? A streamsldes protection answered, otherwise known as a riparian buffer royal Is a policy tool that is used by municipalities forpmlee in r water qualify antl maintaining wealth habitats. A model scansion cathetl by the EPA establishes church buffer zones —a strip or land that mils proposal to a stream bank that will be protected Zones may deny from 25feet to 100 foot In whit depending on such factions as topogrmphy, scope and Floor characteristics of the property Some Fervidness establish multiple buBer, zones Other key into of a opened buffer eNlnenoe include a description of activities that are Fleetly prohibited ivehln a riparian buffer zone, land usos that are exempt( m the resonance, allowable memory and previsions as, for often and appeals. A local buffer solarise can take a number of different forms. For econmments with zoning laws, an Ordinance that creates e buflh names district may be an option. BURerpmfe ram could also be cmpo sted info a Inspection ordinance or en handed antl setlimenlaflon control transfer, self can boa stand alone ordinance_ If approved by the FayaRevple City Council, fire orinanee could constitute a legally binding revision industrial agreemsnl balanced the Beaver bases District and the City offrayeflevale. Complete Bulletin Fayetteville Streamside Protection Ordinance heasyppsueaxedWopsee¢h repogeayeffevll)elstreamsldeyrotection answered phosphate( Introduction The City of Fayetteville Is In the purpose of drafting a etreemsile protection ommer0e which Is often referred to es a riparian buffer ordinance. In And! 200e, a ardent Reduction Plan was completed by private consultants as part of an agreement with the Beaver Water D and and the City. The Plan recommended the development of a riparian buffer ordinance In an effort to reduce the amount of content source phosphorus In the Beaver Lake Watershed, specifically and In all the City watervreys, In general. What is a Riparian Area? The Natural Resources Conservation Service (NRCS) defines riparian areas as ecosystems that occur along maerecur es or water bodies (t) These areas serve marry purposes —which are beneficial for water quality, wltlrife, recreation entl health What is a Riparian Buffer? A d t®r buffer Is a transitional area of diverse vegetation between a body of water and an area of development (a city or construction site) or promotion (a farm or industry) that separates a rerticulm land use and the adjacent body of water. A riparian buffer can help maintain healthy aquatic ecosystems and provide a range of other environmental, economic and social benefits .(4) What is Streamside Protection Ordinance? A on amelde protection ordinance ,chances known as a riparian buffer ortllnance, is a policy tool that is used by municipalities for protecting water quality and maintaining wildlife habitats A model ordinance outlined by the EPA establishes riparian buffer zones —e ship of land that runs parallel to a stream bank that will be protected Zones may range from 25 feet to tog fact in width depending on such factors as topography, elope and other characteristics of the property. Some ordinances establish multiple buffer zones Other key features of riparian buffer ordinance include a description of activities that are clearly prohibited within a riparian buffer zone, lard uses that are exempt from the ordinance, allowable variances and provisions for penalties and appeals. A local buffer ordinance can take a number of different forms For governments with zoning laws, an ordinance that creates a buffer overlay district may be an option. Buffer protection could also be incorporated Into a floodplaln ordinance or an absorb and sedimentation control ortllnance', or It can be a stand alone ortllnance. If approved by the Fayetteville City Council the ordinance could constitute a legally binding pollution reduction agreement between the Beaver Water District and the City of Fayetteville. Streamside Protection Ordinances and Property Rights Streamside protection ordinancesMparian buffer ordinances have been met with some opposition among property tights advocates. Property owners have historically been concerned with a governments takings of property Takings are an exercise of governmental entrance in restricting a property owner's use of his property To minimize a charge of takings, an produced should include wording in the legislative Intent to justify the buffer on the basis of sound science and concern for public safety and health. several options can be included in a stakin sloe protect oniriparlan buffer ordinance to ensure that the interests of property owners are protected. These include conservation easements, the purchasing of development rights, variances and provisions for appeals. Alternative Approaches A streamslde protectioNundrion buffer ordinance is one way to address the Stormwatar runoff and other waterrelated Issues facing the City of Fayetteville. Implementing and maintaining such an ordinance can be a financially costly policy Other options that the City could consider include low Impact development ortllnances, soil erosion and sediment control erosion announce revisions, streambank restorations and landowner Incentives Conclusion Governments looking to adopt a seediness proleatli riparian buffer ordnance should, In general, open the processforpublicdemarcatlon - Potential Benefits of a Streamside Protection Ordinance Environmental Benefits • Traps and removes sediment from runoff • Slablllzes stream banks and reduces channel erosion Traps and removes nutrients and contaminants Maintains habitat for fish and other aquatic organisms • brokers diverse terrestrial riparian wildlife communities Economic Benefits Protects citizens against property loss through flood damage and erosion prevention Reduces flood damage and property loss to urban lands (.a, homes, businesses, parks) Improves aesthetics, thereby Increasing property values • Inaeasas recreational opportunities proceedings Reduces costs In the treatment of drinking water • Attracts businesses and residents Supports sustainable yields of timber • Potential tin benefits for landowners Increases diversity ofwthdre Pmta6 prime agricultural sails from permanent loss through development Provides natural fences, visual addens and noise control Offere places for camping, nature study, hunting and fishing Improves quality of drinking water Reduces heat island effect • Increases overall community health Preserves resources for posterity Potential Concerns of Streamside Protection Ordinance Environmental Concerns Buffer distances may not be chosen bared upon specific buffer thresholds designed by satisfy water quality considerations Lark of scientific research used in developing an ordinance May promote the gel of urban problem plants or exotic weeds on farm land May provide habitat for raccoons, deer, snakes, ticks and other Economic Concerns Loss of developable lend Costs of providing technical assistance to developers and landowners Language In the ordinance could constrain property development Enforcement of buffer ordinances may be dlffordt and costly Possible loss of property value because of possible restrictions on land Social Concerns May restrict properly owners of some uses or services on portions of their land Perceived Inappropriate seizure of lend through riparian buffer influence Possible tax payments and other financial costs to landowners May limit recreational uses t rift /Nuoub, hurt rues rada gov/technicallecs/waterisetbackwriparian final page I of 1 City Clerk- Comment for Mayor and Council From: Joyce Hale cjoycebale43ia)gmalLcom> 'fo:-sdty_elerkQeifayeturille.ar.us> Date: 229/2011 10',14 PM Subject Comment for Mayor and Council CC: Karen Minkel �Ibninkcltsci.Fayetteville at its> Dear Mayor Jordan and Council Members, I rush I valid be pitwout on March I t to support those who will be speaking to you in favor it C passing the streamside protection radiators. Instead I will be in Washington DC attending a conference at by the Clean Water Network to consider the actions that are necessary to protect our nation s rester. After the sessions, I will be acing to all our Congressional Delegation to let Won know that even water rich Arkansas is fiud'mg itself in trouble and Were is no time left to put of doing what we know is tight I go wish a heavy heart and little hope thatthc necessary steps will be taken, but regardless of how uninterested these elected of iclais will be or how little they will bear, I know that will not be the vase when I speak to my any's leadership. The time has come when many of us recognize that local action is she most likely way to solve problems .'Ihe work which the city's stafrhas done leaves no doubt that we must take the responsibility now m stop the decline in water quality and quantity, atrocity owners'rvho fear that they will loose if this is passed have given little drought to what they will loose if it doesn't. Education will be an ongoing requirement because the population is a moving target You will never have ent in time when everyone is aware of what is needed and why. When people move to cormilunitar, if may want to truly be a part of it, they will ask what the rules am because they want to follow the standards established by Weir fellmy citizens before them. Other people will ask whet the rules are because they don't wart to be subject to violations, even if they don't agree. And man some vs never act responsibly because they simply don't care. We will never educate that group, but we should be able to provide a means to limit their behavior. I ask your support of this ordinance because I know it is needed and will continue to be needed but We pries and social disruption will be less now than later Thank you fnyon pattered in giving this the generous time to hear from us and to arow you are really listening. Respectfully Joyce Bale filed1CVDocuments and SettingsAIbransonVLorel ShfingsA FampAXPgrpWwe%4D6ACCC7F,,. 2,281?011 ILLINOIS/,�ydd,g Mayor Goneld Jordan City Council of Fayetteville, Arkansas Dear Mayor Jordan and Fayetteville Gty Card] member Thank you for your leadership and stewardship of resources, both financial and environmental, for Me City of Fayetteville and the headwaters of the Illinois RiverWmPashed. See smc relyappreclatethewntinued acMesuppotl di fold missionofthe Illinois River Watershed Partnership to I improve the Illinois River through public eduadon and communny outreatfi, water quality monitoring and the implementation of conservation and reslorafion practices tbmugii the watershed. In the past three yeory the IRWP has worked with the C ty and the help of over 1.,000volunteoq N punt dO d) seedlings along Hamestring, Scull, and Clabber Cmek tails. On March 12 this year, we will he planting over 1,000 seedlings along Dukakis Creekin Gulley Pare Annual riparian planting; creek cleanups, Irrvassespappeadvation, rmustormoopy, oonfarcracs,cagaireational meeUrpsand majormedla campaigns have been Chductedtohelp eduhhe and motivetestakeholderstohkevoiummrallons In the City of mrsh ollleantlthroughoutthewatershed- The IRAFP repfe ents diverse st lkehoidergioups ai ong agriculture, business,construction, conservation, government and the thedrawl/recoarcideduccation fields.Askken-prohtorganzanorthe goordofDrmors,spoirsomand robed represent repreenhese varied lmerestsworacommon purpose to worktogetherto Improve the integrity Dfthe ois River Watershed. Foolproof current profit sta Ws, we Conant take political positions but must depend upon education and volunteers to carryout our mutually agreed upon goals and act4i by sceundersondthe Intent of the any rely ruing to ado pro n ofanordlwnce to protect streams and rinjurovesater quality Eye were formally asked at an IRWPboard meerngln August 2009to endorsea riparian huRerordlnanw for the ary of Fayetteville Wewant to clarify that the position of the IRWP,inits bylaws, is to support chilli actions and public education that informs and motiveLes all Stakeholders to take positive actions that protect and [improve the Illinois River Watershed. We contimie to state, both politically and privately, that the IRWP does not endorse or oppose specific ordinances,regulations, orleglslationthat individual jurisdictions within fire wate rshed ersthis or states have the right to determin Please let us know if we could meet antl discuss any questions or uggestions_ We remain committed to the shared goal of orpervatior, and productive use of resources that Support aquatic and riparian nitres In order to meet all stale and htleal water quality standards, promote economic sushimabiiity and provide recreational itentinales In the Illinois River Watershed Sincerer, M B9 �ysM,�aa G� suited Delia Hack Ed D Board CrescentsmCrescentFseExecutive Director Page I of I City Clerk - Streunside Prohefion From: Amy Lynn Tamarac <AP§rmerhypwalton.uarkedm To: "pin clerk®ei.frycttcerillreacus" <ciry_ clerkQci.Fayetteville .arn a> Date 2/28/2011 1.06PDT Subject: So-camside Protection was told to email comments to this address and o request that they be forwarded to the city council. Thank you Dear Council Members, I am writing to offer my support for the Streamside Protection Ordinance. As an economics professor, I see the ,concrete value of this legislation toboth our community as whole as well as Individual property owners. It seems ealrthat it is more cost effedded to prevent damage rather than needing to repair it after the fact In addition, this ordmana will protect properly owners from damage to their property, and In so doing will protect Its value Finally, there Is a non quantitative value In terms of recreational use and the aesthetic preservation of our corm a nity. I hope you will vote to support this measure The nit you for you r service. Amy Far mar Professor of Economics U niverslty of Arkansas file //C.ADocamemb and SettrusAIbra verALocal Se¢IngsATempAXPgrPw16 k4D6B9DCOFA.. 2/28/2011 Page I of I City Clerk - Protect Streams, Preserve Habitat From: <teehuggedaneaibi To: <city cicuk@ci.faycttcville.ar.us> Date 228/20111:30 PM Subject: Protect Streams, Preserve Habitat Attachments: GBHcron-Pay2.jpg Please forward the following message to city council members, thank your. City Council Members, I am a resident of Ward 3 and I serve as the volunteer project leader for the Community Wildlife Habitat Protect TM. (Attached is a photo I took, today, of a Great Blue Heron foraging along the stream that runs next to Old Missouri Road, near the entrance to the Brookhaven subdivision.) The goal of the Wildlife Habitat Project is to create neighborhoods that are healthier and mor e enjoyable for everyone, by preserving the natural biodiversity of Our area. Thip. projecttth been met _wlt e i [their properties pe Fayetteville as wildlife Ile es dents. To mores re dded e c 100 week ee -I ll dents hayli art f es the SRrvP t eR of evet bind and more W) have each week,_[ dd t on, , publicschools (Washington, Root Leverette and Hapgy_Holl )have certified Schooly rd Habitats, and others are In the. process_ There are many reasons to support the Streamside Protection Ordinance, as it was Originally written, and habitat is among them Streams _provide critical habitat for our local wildlife populations, an Issue the general public clearly cares about, as evident by the response we've had to the habitat project Streams that are vegetated by a variety. of goys€5.wootly vegetation and trees, provide refuge, nesting sites, corridors, and foraging opportunities that are essential to the survival of Our native wildlife. I look forward to addressing you in more detail tomorrow evening, and I encourage you to, please, SUPPORT habitat, SUPPORT healthy neighborhoods, and PASS the Streamside Protection Ordinance' Thank you, Terri Lane rile .//C:Necuments end Se[liugsAlbrarempl-ocal SettingsA'temp,XPgrpwiseA4D6BA38AF_. 2282011 Page 1 of 1 City Clerk -In Favor of the proposed Strumeide Protection Ordinance From: Scott &Donna Deeper <fishiogbears@yahoo.cem> To: <rity clerk9¢Qc,bayewillc.mxs> Date: 2/282011 t49PM Subject: In Favor of the proposed Sacamside Protection Ordinance. My wife and t me in favor of the proposed Strcamside Protection Ordinance, and very much appreciate that "e now putting protection of our watm as a priertty! I maiths Again for your hard work in putting this Ordinance together' Scott & Donna Harper 479 856-6277 Please forward this message to the Mayor and City Council members! filed/CUDooanientsand Scaings\lbiansonAIocal Seaings\fempIXPgrpwire\4D6BA7P2FA... 2/282011 Page 1 of I City Clerk- Stream ordinance From: Barbara Fitzpatrick <bBr.1951@yaloo.wm> Io: <city_alerkdeta.fayetteville.at us> Date: 2R82011 3'.28 PM Subject: Stream ordinance Please send the below to the Council. 'Flanks, of Pleasepainthe Stream Ordnance. We all drink our of Boa, or Lake so we should do ovcrydrug in our pmeror to make nine as little poison as possible goes into Beaver Luke. And as I've said before, it's always cheaper (in taxpayer dollars in tlis torso) to prevent a mass ratan to clean it up. Thanks, of file//C:9oouments and SeWngs,lbrsn wnALocal ScningsATenip4YPgtpwisc\4D6BBF26FA... 2/282011 Page 1 of (I Clerk- Vote FOR Str comside ordinance Frouu Michele Halspll <9Halscli@walmn.umkedn> To: "city_ clerk(.bci.fayettevillc.ar.us' <dty clerkiaci fayeucviliceroari "Lioneld Jordan (Ilordan®ci.f§yeltevilleatus)" <IjoidanQci.faycueville.ar.us>, Sarah Elaine Lnwis <SLOPM s@rA ltoa uark.edm, " rdeinion@coxnet" vn drlion r�i cox.nnn, Matthew Petty mafl ffmathoewpetty.oi Date: 3/1120118:14 AM Subject: Vote FOR Sbeamdde ordinance Dear Mayor Jordan and CIry Council Members, xrtring to you to ask you to please pass the streemsitle ordinance as written. Please resist temptations to taken the ordinancel am writing to you as 3 private coast, but l think my professional role as Managing Director of the Applied Sustainablllry Center gives me some Insight and perspective on this Issue that perhaps others might not have. If I were going to be In town this evening, I would come before the City Council to speak on behalf of the ordinance. However, I will be at the EAST conference in Hot Springs, speaking to students from across the state about what they can tin to protect the environment and promote susteinablllry In their own earn urvties It kthen r future that we ate trying to protect and preserve, both through Fayettevillle's areas reside ordinance and through the projects that the students will be doing In 2011-2012. Specifically, I would Il ke to say that water is a precious resource. Northwest Arkansas is blessed with suburban water. Fayetteville is aissoaossed by beautiful creeks and screams, mating it an incredibly appealing place to live . The creeks are a vital part of the ecosystem, but they are also soothing and Inspiring to us, the human Inhabitants of this as rliwlar ecosystem. If you are lucky enough to own a piece of land with a creek running in rough It, you are blessed indeed. But with the privilege of land ownership, particularly land where a creek or waterway is involved, you have a specla l responsibility as well You may be able to enjoy the creek privately as In crosses your property, but you do not own the creek and you do not awn the water that flows though It you are a steward of that water. Land owners must protect the water for the well- being of the I tropisms down stream just as they rely on the landowners uLater m to do the same forthem. That Is celled protecting our waterways for today, for the people up and down stream. We must also protect these waterways for future generations, for children who have yet to be born. This Is not a responsibility to be undertaken lightly. It Is a responsibility that exists by virtue of geography, upstream and downstream, and a responsibility than exists across time and extends to future generations- The emphasis weeder property rights stems from a paradigm of independence, as if there were hard boundaries that existed and what l do on 'my" property doesn't affect anyone else. But there are no boundaries where water Is concerned. Water flaws. What he opens on one piece of property affects ocher people in distant places and even in future distant times. Pollutants that make their way into the water from one per a property flow into the next per 's property and the next and the next. And we haven't mentioned the or is of other species, the fish and birds and mammals who depend on creeks and streams for their survival A different way to approach this issue Is from the paradigm of Interdependence which more accurately reflects realty. Each person within a watershed Is accountable to every other person in the watershed. Those who live alongside creeks and streams havea particular responsibility to the rest of the community to protect those waterways' connotes refine on paper maps, They are useless when It comes it the air we breathe and the water we drink. These are boundary -less. These are shared resources for which there must he shared stewardship. file t/CDo unismits and Fountain ancon\i.00al Setting Vl'cmpUYPgrpwiseV4D6CAAFbPA... 3/12011 Page of Yes, there will be opposltlonyes, someone will stand up and assert that their rights are being limited But this is not unlike the smoking ordinance: when one person asserts their right to smoke, someone was loses his or her right to breathe clean air. In the case of the streams, when someone asserts their right to do as they please on land they own that has a stream running through it, someone else downstream lases their right to a dean and pristinewaterway. I urge you to stand firm on this issue. Let's protect One of our most valuable and SHAPED resources Regards, Michele Halarl Managing Director Applied Sustain edity Center University of Arkansas Fayetteville, AS 72701 4745753044 DH 479.200.8262(CI wwwAs n tJ_Jero Make your personal sustalnablllty pledge: www.epplpg iralcprllp umpes.org Set up your personal dashboard'. www,eattbaid net file ADacuments and SettingsUblansonALeeal SettingsATeinpAXPgtpwiseA4D6CAAE6FA... 3/i/2011 Page I of I Off Clerk- Support of SReamside Protection From: Cashion Gast <CGaet@walmn.uark edw To: 'city cletk(dF/ Yetteville.xcw"mitt'_clerkuNci.fayenctillc.ecua,, Date: 3/1/2011 8'.56 AM Subject:Support of Steeamside Protection [Please forward this letter onto all members of city council as well as Mayorlordan Thank yowl Hello Mayor Jordan and Members or the City Council - My name Is Cashion East and I am a Fayetteville resident, property owner, and voting tax payer. I am writing this morningte support the 5trearrial Protection Act As a citizen off is region, l believe it is our it uty and responsibility to protect our local water resou Haas. The lad of protection has the Forms I to devastate the region, both envimn mentally and economics lly. Water, especially inthis region, is one of our most precious and Fayetteville as a com nudity in Tort tome together to recognize this. Us As l citizens have placed our faith in you, our city council, to art air leaderson these issues. Protection of our water resources 15a critical priority, and this ordinance is a curial step. Protection of riparian reducing tr and pollutant run- off, and creating attractive green spacare of the utmost importance This ordTrance does than As stewards of both our tax dollar and physical locale, I urge each cc nd1 member to consider the future when voting for this ordnance. Please show Fayetteville and the world that our city is forward thinking, strategic, and responsible. We can avoid substantial economic 3 no environmental issues by addressing this issue now. As a property owner who would be directly effected by this ordinance, I reiterate my strong position that there is only one option, We must pass this ordinance. Front you, Cashion East Cashion East Industry Coordinator, Measurement process, Working Crary The Suetainability Coneortmm Ad,TSU The University of Arkansas Science and Tools that Improve Product inextricability 0'. (479) 575 47271 C. (479) 4454187 1 E (480) 965 9102 easfiCci car son l SusbznaollltyConrvium as Follow an Twitter @&us_consodtam I din on, Ma IHM klsl tile://CADowments and Sarongs%lbransonALocal Settings)Tenip)XPgrpwlse)4D6CB4CCFA... 3/12011 Page 1 of 1 City Clerk-Strumside Protection Ordinance From: Greg Wants <gtrg©mccicotroisk> To: "city —eJerkyr ei.fayeaeville.scus" miry-elerk@m.faycttovilloscus> Fall 311,101110.42 AM Sobject: Sbemnside Protection Ordinance Fayetteville On Council, You are to be highly commended for your serious consideration of the Stroamsltle Protection ordinance. You sre setting an example for all Arkansas communities by being proactive In protecting our fivers and streams by ressailism that such actions are not only good for the environment but that they also provide sound long term economic benefits. I applaud your efforts and look forward to hearing how the implementation of this new ordinance Improves the area s water quality and property values Kindest regards Greg Watts —President Arkansas Rivers Association greAfgamm shicas org fill :OCDoonments and SetturyscirransoniLOcal Settings l mmXPgmyny64D6CCD8OFA_. 3112011 Page I of 1 i Clerk- shcamaide ordinance From: Vivian Reese Bill Nllfll@walmmuarIvedm To: "oily_ clerkQei.fyeueviffeacus" ocity clerktai layettes ille.ar.us> Date: 3/1201f 12:38PM Subject: shermide ordmanw I am very much for the strearnome ordlnanre. I live and vote in Fayetteville. I want our waterways to be beautiful, natural, and the water In them to be as clean as possible. I also don't went m see ounereams eroded by killing vegetation with chemicals. I don't want to see algae growing In them as a result of overfeeding lawns right near the streams, and other things that can damage one of Faye¢eville's most charming features_ I live two houses down from subsoils creek. This matter is important to me. It is a shame that most of us aren't aware of ways to protect our streams that require so little sacrifice on our part It is government regulation for our own benefit and the city's benefit. Personally, it seems tome that we let developers determine what we can and can't do ecologically. They are still allowed to clearcutlots, and allowed to burn trash and the wood theybe dear cut right in the Fayetteville city limits. That should not be permitted Anyway, (hats my opinion. Ym not a scie idt but I am a c tiben. Thankyoo, Vivian HIII Fayetteville rument9nW file .//CADocuments and Sctti floAllrzansonVLocal SettingsATempAXPgrpwise\4D6CESD9FA... 3/1/2011 Page 1 of 1 City Clerk- Streamside ordinance From: "FaC k E. Risk" ple9Risk@oodu a.mark,edro To: "Ply clei.faycttcrillear_us" <aity_elerk@ci. fayeueville,anus> Dflta 3/12011 12A9 PM Subject: Slreamaide ordinance Please Percent to council members and the mayor. Pleasvote no toughtl Iown property affected by this ordinance and view It as unnecessary and a taking of my property rights without Compensation. Mark Risk 660 Lollar lane Fayetteville Scull Creek runs though my lot herein Fayetteville byd limn Park file://C:ADoorlments and Scttingsdbrar:aonToeal SeningaATempAXP wiseA4D6CEE91FA_. 3/12011 Page I of t City Clerk -Riparian Policy Population Growth Planning' I' act From: D Neely <dgn.edmogreen@gund comm To: ¢ity_elork@ei-hmetteville.anus> Date: 311R011 111 PM Subject: Riparian Policy Population Growth Planning fool Bear May or Jordan and City Council Members -Mrs, Gray (Adella), Mrs. Thiel Boudreaux (Brenda), Mr. Killion (Mark), Mr. Petty (Matthew), Mr. Temhant (Justin), Mc Ferrell (Bobby), Ms. Adams (Rhonda), and Dr. Lewis (Sarah). Italy in his 1992 bid for 1; S Presidency, Clinton and his campaign strategists recognized the recent recession as a primary, public concern The slogan "It's the economy, stupid!" became the rallying phrase that helped win Chosen the election. for Fayetteville's economic health, ecological integrity, and environmental quality, "It's Population Growth" and the manner in which City Leaders, Legislators, and Local Citizens choose to accommodate it, that will determine whether the human and natural communities will succeed aid prosper or fall and decline. 1'he Sdeamode Protection Ordinance is one of many Planning Policy Tools which may be implemented to ensure uniform Best Management ofnatural =as that provide an economically effective means to address ormaigate e vsion, flood, and manpointsource pollution issues, The actions of a relatively small percentage of private landowners, both along stream banks as well as at any location within a watershed, have me potential of negating conscientious conservation efforts of ale greater community Without robust protective policies in place requiring unifoi to compliance, the cumulative negative impacts of select commonly practiced property maintenance procedures (which bare been proven to evoembam problems related to storm wateunn-off and aneam flow) will be amplified as the population expands. It is in the bast inteleat of the City and it's residents that the Smcamside Protection Ordinance be enacteA, along with additional Administrative and Planning policies lot guiding development and land management peactices in such way as to minimize negative impacts. "shank you for your time, consideration, and efforts to move 1,ayettevi Ile Sustrumbly Fonradd �I Dotoncly/Ward I "Insatiable Is Fat Sustainable." Doug Brawn/Author (2001) file ADocuments and Set ingscamisonLLocel Settings\TempABPgrtaseiW4D6CF085FAY... 3/1/2011 (3/12011)Oty Clerk Please support the Stream side Proceed Ord nahas From: Greg <gregQgregledingcom> To: <clue deru l.fayetteallle.at us, Date: 311 209 PM Subject: Please Support the Sternness Protection Ordinance Or Mayor and Members of City Council'. I strongly support the Streamslde Protection Ordinance, and I humbly ask Net each of you consider doing the same_ Thank you for your time and consideration Best Rep. Greg names M.(4➢9)422-8099 Pagel oft City Clerk- Strexmside in ordinance Prot: Christy Anne Melhat Slay<cmelluii Wuarkedu> To: 'city clerk&i.fayeaeville.an us" laity elerkQci.fayedeville.erms> Date: 111/20112.28 PM Subject Stremrtside protection ordinance Please froward to.. Dear Mayor .Jordan and Fayetteville City Council members, I fully supportthe Snremside Plantation Ordinance. Asaresidentofiayettovilleandaprolessional ecologist I wish this ordinance led been created mud adopted long ago_ As development increases in our any, threats to our precious wilds resources increase in mra Sedimentation, nutri&oatlan, and pollution are lmown to follow development, Yet this can Do minimiozd. Protecting our water resources through thoughtful planning not only protects drinking water resources for ourselves and our dormstu am neighbors it Aso protects the muskrat aquatic meamres provide to us. Shcam'bugs' play an important role in the food webs of water and land. Once our stream animals are imperiled by hard -use practices, their part in our local nature's food web is missing. Polluted tributaries lead to polWmd main rivers hike the White River, where people swim and fish for food. If we protect our tributaries we protect the entire system. This protection also extends to the aesthetic beauty of our aormnmriry- To otenon wiry, we are 'I lie Natural Stale' Protecting our streams will protect the natural, forested beauty of Fayetteville, the reason why so many chose to live here than in othcrNWA cures, Thisordirancedoesnotinfringeon land-owncr Think any mom dim those lend-owneis who develop irresponsibly infringe on the Tights of everyone in our watershed not t0 mention the other creatures who inside in and depend upon clean water. The right to have clean water, natural brainy, and lulact functioning ecosystems are rights that should be supported by our city government, 1 here you will pass this ordinance and show your support for thoughtful development and natural resource Insertion, Sincerely, Dr. Christy Mathert Slay fix PCkDocumwns and Seuaturee seron/LOOA SettingsV I timmy PgtpwiseA4D6D028FFAT... 3/l/2011 (31112011) Cry Clerk spport per the Sturen-side Protection Se lel� From: Eve Agee leve@evidyi om> To: ccity clerk@ci Cynotteroleacua Date: 3/112011 2'.30 PM Subject Support for the 5triamside Proteutlon Please send this to city council members to support and complete the sbeamsltla Protection Ordinance to distablion riparian buffer zones. Many thanks, Eve Agee 1029 N. Eastwood Drive Fayetteville, AR (311/2011)Gty Clerk -Screarmslde unification hungancc Sche1 From: "Britain. Margaret "'Margaret bdtalnighp.com> To: "city dem@ioeyetlevllle.or OrPaIry_dereedfayettevllle.acuv Date: 311/2011 2'.32 PM Subject Streamsde eradication ordinance Atmchments: PlIXure(Momfile) t Jpg Please forward this email to the Council members and to the Mayor. pear Mayor Jordan and Fayetteville Council Members_ I've carefully considered the proposed Streamslde protection cMlnence and believe that it should be passed It seems very reasonable and pmtlentlo take these measures to protect our waterways and the quality ofourwatso It is Important for our health and also for the long term economic health of the City. Lets face IC healthy waterways LOOK better, and that's a good thing for property values. This will not be a hardship for developers, in the long run it will be good for them, too. Thank you for your careful consideration of the welfare of our citizens and our atural resources. Regards, Margaret 3dtaln Margaret Sown Project Manager Krell Enterprise Program Office (EPO) HP Enterprise Services Mobile, 1199 236 0926 Email Margaret brltatn@hp.(om,mallto Margaret dringuni earn> Fayetteville, AR Pagel OCI City Clerk - Streemside Ordinances In am: "StephenD- Luoni"¢bmni«DNmrkedm to: "city_ cleck@ci.fryetteville.at its" <eity cictkQci.fayctteville.at us> Date: 3/12011 2:46 PM Subject: Smeamvde Ordinances To the mayor and C5ry councl'. Please support the ordinances to protect strea nddes.This Is the logical and sensible outcome from the work of several citizen groups and the planning staff over the past several years. This Includes Initiatives associated with Fayetteville Forward, and our work with the city's efforts in Low Impact Development, among others. The science is indisputable. Contrary to concerns over property rights, this effort combined with other stewardship measures hould elevate property values generally, as Is the case In most communities with strong livability legacies Indeed property value, like most determinations of value and even property Itself, are socially derived. Quite a few best promises in stream9de buffering call for at least 100 feet, so the measure put forward by the staff is modest, yet still limpactful. I know that the City Council will do the right thing, and we all appreciate your work on the hard issues. Best, Please note that while the opinions are my own and do not represent those of the university, this is an issue that is related to our cent past work with the city. Stephen Luoni, Director Steven L.Pardession indral Animalcule and yean Studios ems naser essr raw 179 sr1 voted Ie1 al,., AR 907ye88 file )/C:ADocumeme and SettingsAlhmaso ilvese l SettingsATempAXPgrpwiseA4D6D06B1PA.. 3/I2011 Page I of 1 City Clerk - Sit eemside Ordinance Fr ow "Smith, Keaton" <keaton.smith@IbuiabaN<.com> To: "city_clerk@ci.fayetteville,du us' <chycled<@OL&yetteville.ar.ns> Date: 3/I/2011 249 PM Subject; Sternal Ordinance Please loreard this message to the Mayor and City Council As a Fayetteville property owner, I support the Btro msitle Protection Ordnance as written. Thank you for ourtime Keaton Smith Senior Relationship Banker 2710 Mission BNtl Fayetteville. AR 72703 479 878 6412 O1Oce 479 718 7030 Fax ID9AIAHANK Internet Email Confidentiality Privileged/Ceilidamial informal may be contained in this message. If you al not the addressee indicated in this message (oT responsible for delivery of the message to such person), you may not copy or deliver IN message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately ifyou or year employer do not consent to Internet mail for messages of this kind. Opinions, constraints and otlmr information in this message that do not Plate to the official business of the baNl suall be understood as neither given not endorsed by it. Thank You. OlecT fiocwnents and SettingsilbansonALocal Settings%TempAXPgpwiseA4D6D0968FAV_. 3/1201I Page I of 1 City Clerk- Strumude protection support Frain: TakimaOno Fakuma.ono(itgmail,wm> To: <uty_clerk©ta Fayetteville.anus> Irate: 3/1/201t 2.56 PM Subject: Shvsmside protection support CC: <sai4helainelewisQgmaiLwm> Please forward this message to the Corned members and to NLyor Jordan. As a resident of Fayetteville, I support the streamside protection indicator. As an environmental fens al, I recognize the importance of preserving natural buffers to deter bank degradation, as well as natural means of noun slicing pollutants This ordinance will save the city money in the long run, as needs for bank resistance. as well at contribute to the preservation of nitrate riparian babitank whichin turn will augment property values. fidividial efforts for actual buffers will be imffective. Sireaitsideprotection must be implemented systi mancaty, on a city-wide scale to be effective. An inwnsstent patchwork of buffers will be rendered hieffective by unprotected areas. 1(bank the council for taking the fine to consider into ordinance Sfnwrok. Talmma Ono file PCAI)ocammcits and Setiing0hransonALocal Settings%FemflXPgrpwiseA4D6D0916FAY... 3n12011 Page 1 of 1 City Clerk - Streamside Ordinance -Please forward the City Council and Mayor Jordan From: 'Copoendl@aol.con, To: lorydai fayettervllle.at ul Date: 31120112'.59 PM Subject: Streemslda Ordinance -Please forward to Clry Council and Mayor Jordan I have amended and spoken to Clry Ooundl before on this matter. As a member of EAC, I am working with the Habitat project and have been seeking assumed for the schools. I came across a poster published In 2006 by the USDA and the Natural Resources Conservation Service. It takes 500 years to form ONE INCH of soil. Think about it 1607 the tact mapmaker called the New World "America". As the poster states 'Her s take time to protect the soil, every inch of it Restoring the creeks is not 0e answer, annealing them Is the answer. file d/C:ADocumeots and SeningsUbraneonV,ocal SettingsATempAXPgipwiseA4D6D09BAAA... 3/t/2011 Page I of I City Clerk - Streamsitle Protection Ordinance From: Karon Reese<karonreeseRhotmalLwm> To: ¢ity_clerk@ci.fayetteville.acu5> Date: 3/1/2011 3:12 PM Subject: Streamsitle Protection Ordinance near City Clerk. Would you please forward this email to the city council members and mayor? Thank your. near Members of the City Council and Mayor Jordan, I ask you to vote for the Streamsitle foundation Oananrs this evening. I believe it will be beneficial to all of Fayetteville, including those properly owners who own areamslde property. I believe the Hilliard Ordinance has been good for Fayetteville, and we had the same sort of resistance to it. It has helped protect our hillsides and our homes on missiles . The Streamsitle Protection entrance will be as beneficial. We have gorgeous natural resources in Fayetteville. We must work to protect and preserve them, even If it means passing an ordinance that is unpopular with some folks. In reel estate,a mature tree or creek add tremendous value to a property. Those are always the first homes to go In a new subdivision ones that border the creek or the lots with mature trees. People resist change —It's uncomfortable, but this is the right thing to do. Please vote for the ordinance tonight' Karon Reese, Executive Broker Bassett Mix and Associates, Inc. 3263 North College Jayei AR 72703 479 521 5600-0ffce 479-283 7487-Cell 479-521-5698-Fax view. bassegmiz.com (Company webstte) hUp'.//karenreese.nwa.mlxchan9e,Ggm (Personal websne) file://C:1 oempats and 9ettiag dlyra emet xi Settings)TempIXPgrpwise14D6DOCC4FA... 3/1/2011 Page 1 of I City Clerk- Sireamside Protection Ordinance From: "Julie L.Isaacson" VlsaaceorYawaltou.uadc.cdiv To: "city_ cleric(eyafayetteville.at us' <city clerk(akFi.fayetteville.at us> Date: 3/12011 3 18 PM Subject: Sucurkide PmtuLLou Ordriamcc --___ Please forward to the City Centel, I, Locke Isaacson, support the Streamslde Protection Inbound and will be there tonight to show my support. Sincerely. Locke Isaacson Locke Isaacson stil S territory 2013 SuaUlnablllty Consortium Intern ]Isaacso@uerk.edu 870-926-4I48 file:HC Documents and SerninsloransonhLocal Settings,TemplX gipwiseA4DbDOE35PAY_. 3/l/2011 Pace 1 of 1 City Clerk - Strenmside ordinance From: "Marilyn Shoffit" analilyvshoffrt�a ceycicikcwnV Tiemitt'cleFrarkil.fayetmville.er.us, Date: 3/I/2011 402 P81 Subject: Smeernside curtained If Is about time that we passed this ordinance because we still have a long any to Bo la consider our streams clean. They are still cluttered with trash but not like they were In the pas. I thing that this Is a minimal intrusion to our property owners that is good for all citizens of Fayetteville - Thanks ,Marilyn Marilyn great CneLerke Replace 1280 E Steams $1 Fayetteville At 72703 Cell # 479-871-1082 ORice 4I0695-1805 Fax # 479-878-2(1 flea//CVDocumenls and Settlnger000dlLocnl SettingalTempIXPgiPwisel4DGD1894FAYETTEVILIPLIT.- 3/12011 Page I of 1 City Clerk- Streamside Protection Ordinance From: 'DuaneWol§of coozarlmsvran I brat ful> 'Fo: ocity_clerk<thF fayetteville.acus= Date: 3/1/2011 4:10 PM Subject: Streamside Rvtwtion Ordinance Please distrbute to all City Council members and Mayor Jordan: We want you to know we strongly support Na Streamside Ordinance because we can Mink of few things more vulnerable to abuse or Important to the health and welfare of our am than our water snooty resources. We think most objectors know and some have conceded, they have no constitutional right to damage their fairness welfare or surgery Unfortunately, without the largeness at an ordinance mere are too many among us who will fail to ad and themselves and act on that knowledge to suffgently spare us all the very bad consequences of a compromised or in paired water supply. The failure to become educated and apply the education is perhaps the basic reason behind most law and the constitution upon which It Is based. On the other hand if we citizens become knowledgeable and utilize our knowledge to prudently use our iparlen properly, we will find this ordinance is no burden whatil We and and our offspring will surely celebrate cur wisdom in pressing the ordinance, and we urge you to act on our behalf. Duane and Judith Vernon ezt Appiebpy Drive Fayetteville, AR 72701 479521-7032 tlla.//CVDocuments and SeningsVswnithlLocel SettingsU ciiiptXPgepwisCf4D6D1 A6AFAYLII FEVILLECI . 3/1/2011 Pi1of1 City Clerk - Streamelde Protected Ordinance From: Jon Johnson<JJohnson@walton.uarlcedu> To: "city _clerk®eLfayettevllle.acus"<clty_clerk@ci.fayettevllle.ar. us> Date: 3/1/2011 4:59 PM Subject: Streamside Protection Ordinance Please forward this email to the City Commit members and Muscatel Thailk you, Jon Oear Fayetteville Clry Coun dl Members, encourage you to approve the sternums Protection Ordinance. There are many reasons to like this forward looking ordinance, not the least of which is makes both good economic and environmental sense, and 11 preserves Fayetteville natural beauty, I wont recount he abundant scientific evidence you've undoubtedly seen that supports the value of protecting streams and reservoirs, but l have been personally involved In protecting Ozark water resources for many years I am convinced that wisely managing riparian zones alongside streams is the most effective first stop In keeping our valuable water resources dean and productive for our current and future generations. Please vote In favor of the screening Protection Ordinance. Thank you for your considerate, ion Johnson Jonathan L. Johnson Walton College Professor of Sustainability University of Arkansas I Fayettevllle,AR 72701 0: 479.575.6227 I m: 479.422.0060 jonjohn@uark.edu Fit: yCrADoewnents and Scitin mflosonsmJVLocal SettingsATempAXPgrpwiseA41)6D25E9FAY... 3122011 (3/2/20i¶City Clark -Streand de Ordinance Sefe11 From: Peter Heinzelmann 'pete]M1z@urnal.ealy To: 'Cry_clerkQci fayeHevilis or us, Date: 312/2011 10'.11AM Subject: Streamers Ordinance Sondra, would you forward this message. Thank you Deer Lionelq Heren, Sarah and all the Council, Congratulations on passing the Streamsltle Protection Ordinance, even Bobby for representing the loyal opposition. Fayetteville has again become the leader In certifying and doing something that will benefit us all [think this ordinance will have a huge and far reaching effect by making It easier for other communities and even counties to enact simper ordinances to protest our water land and natural habitats Pete Heinzelmann Page I of 1 Lisa Branson - Fwd: Streamside protection ordinance From: City Clerk To: Aldermen Date: 3/2/20131'.43 pM Surfed: bud: Streamside proteRion oNNanca » Jeff Belk <mbelk@yahoo.com> 3/2/2011 I:ed PM >>> I am writing to ask that this ordinance kemals as is. Fayetteville has been a great example of leadership In the enviumment and I world hate to see our path change. Please fon.ard this to the appmgriate council members. I am a resident of Fayetteville and I am also on the board for AM1ansas Wildlife Federation and I represent AWE on this matter also. Thank you for your time. Jeff Belk Rogers High School Outdoor Education Arkansas Wildlife Federation file'.//GVDocuments and Setting UblsnmvALoeal .SettingsATempUaPgrpwiseA41)6P.4973 FAY.,. 3/2/2011 Peas 1 of I Lisa Branson - Fwd: FW: Streamside protection From: ON Clerk To: Aldermen Hate: 3/2/2011 2:11 PM Subject: Fwd'. FW'. 3treamside proportion >>> Don Bechtel aDBcchtel@walto n uerk.win > 3/2/2011 2:05 PM >>> Please note the following and rorwardto the Mayor, please. Thank you. Don Ali From: Dan Bechtel Sent: Wednesday, March 02, 20112',03 PM To:'wardl_posl@ctfayettevllle.acus' Subject: Streamside protection Dear Ms. Gray, As a conetltuent in Ward 1,we urge you vote against this proposal. While l support good stewardship of our environment, we believe this proposal goes too far In restricting the rights of property owners who happen to be located strezmi We should continue to enforce pollution laws, perhaps more vigorously than in the past, but we should not have government Intruding on the basic rights of property owners. Thank you for your consideration. Don and Maxine Bechtel 3399 E. Carmel Lin Fayetteville, AR 72701 file'.//C.ADoouments and ScaupsVIbrausonVLocal Seri knvdAXPgrdxvyeA4D6F.502FFAY... 32/2011 rAt a w �°afeeUe� �-D dou �06 31snlJr Ca aye eville P °� o re °errs on ,fit De artm t l Co s o a ce o U L—' www.accessmyetteville.org DEPARTMENT KA cIe no TO: Alderman Bobby Ferrell _ I'm., t 1C011" i ,, 1, 11m11.n""„,, 1 FROM: ffit Williams, City Attornex DATE. Docember 16, 2010 RE: Opt out provision for Streamside Protection Ordinance You asked me to draft an opt out provision for landowners who do not wish their Streamside land to be affected by the proposed Strcumside Protection Ordinance. The best place to put such a provision in within the proposed §168.12 Streamside Protection Zones (B) Applicability. It currently is proposed to read: "Applicability. This ordinance shall apply to all land within a Streamside Protection Zone as defined by this section, except as provided; 13 minor exceptions follow) You could propose a subsection (4) as follows: "(4) Any landowner whose property is in one or both Streamside Protection Zones can opt out of all regulations imposed by §16812 Streamside Protection Zones by submitting a written notification to the Fayetteville City Engineering Division. Ifyour proposal is accepted by Are City Council, the Streamside Protection Zone section will effectively be changed from regulations to requests or suggestions about due use of property near a stream. Attached is the portion of the proposed Streamside Protection Zones section relevant to your requested change. y6ill Cool MjO Factor Code ofod �J IuK ino q the pral of manufactured A a' GTy permitted by an home parks d subdivisions whal,Is 1. ..e pltlmwd 9 pror Ideal prep m 60ll r rn Is eo-a to the ir luau lesser if Of goal. grab and isaccept fromthisOi lnaoce. �Vbholman[ se Cr onelenaal Banque water'. _ . - The sWamsoa Philemon Zone The body to an ?.-- c`msurface wafers mil any one Of the fall audit Ali oures"don 1 s e 1 P zoptical j hoped n in the �`. any dodo hrhoori natural a a 'Y 1 said r I Of (2) Any surface vaster where a neonrvey has il mLEmerged% been et lAlby the Fill Management MAf (Ord brn1. s e se) (o) Sin ea thirst n Al Regan n a. The ea aaao stt,���m fnnmcian Barren t all 1), d 168,125treatnsltle Proleo[ion Zones es follows to Zone r: tughw!tle Zane(he oalarslee (A) ofeamsltlo Best Managemen( coal Afel Bunt e hall of 25 feet Too City of FayeMvlllea ordered, Best lanZane mull find ins too of bank in oath Manegema+l Practices Manual, And, may of on, hide oil a direction administratively changed by the oily Engineor, the op olabank and RoWephy lump, m. vesurfaW2rm shell be used m support Of lop' chapter to explain the surface rvelsr. epgpc obledlw, I'd pMdples. AApp�lArbady. e (a) Car Ads, Slope shell b calculated (66)) This ordinar'hall apply W ell a inn upstream and down T na %fitted a stm Protection Zone d proneo lips, area thy. �r rfr refund the .eaon except f s preload Pears led Path e man lad Dual below: credit Irnmkas sheu require arm (1) undo where lots cre unr by e put spilt slope ml<ulations 100 foot lateral belim�e at a upstream concurrentor finel prat applloallod, All crop, M1va lineandat rho a approved pear m the or llnnd,19e y eR¢dlme date or orrmanan, em amntpl calculations are equal to or creator man fund, me throughout, of this c.Jion Forme n too wmfi the wamraldm one Iceland time porous, fell be ,a by an aadinner 20 ion ieelaftha oft. me agency ry widen a) 2adomtu: from me e8emrve date of Non Stop, eann behies Hope uabtmrnur,s protons for lots one nev (j) lone art tit pCasnat shall be condesignated az l ected aI less, a line to for lie py control (b) 18 months from in detee half Bar till of Ina ble in fn Bes pNlrvace but tot, prealor oat one half greater awgratf Manurefons vallable M1'renegemem 4aNcos Menua6. (1l2)ecre but less draft acre l or (c) 12 months from the effective date of hips (2) Zone naae2 i "leaond l rezonegin Neo he aNlnonce for tots one b) errs Cr sago of the waterefoe Zone and %test greats landwea 26 feet as i td horizontally(2) A preAmmary wM plat dl w sbmftar ao a fine perpendicular to none s. The Cannel cede of Zones 1 and 2 shall he no approver poor so the eaed ve data or hips lees than 56 (egl from me ton of bank on all digital shall be wmpt fraud to lflaad of lafeca water_ of this eeNpn. prpvmer me time Agreed fated ha all he In Russ flood too date of runs plot goal. Coleco 16 aiy,c vi 2 THE CITY OF FAVARTM ENI tE,AftKAN5Fl5 TO: CityOounen FROM: Karen Minkel, Inernnl Consultant DATE: March 1, 2011 SUBJECT: Stree:nside Protection ordinance Clarifierann Staff,samod to claritysome of the points made in the Sundial awre the VoAthvoci Abiensas3 T'nea about the evcanindc PmtecGoo adinanoe and its erTeecon propony value, This is a topic that staff included in our initial nriaich We did not lied any evidenoc to suggest that a riparian buffer deaeascd nopaty safes 'lliav ctc he been several studies that looked at Cffxst on pnpeny value in a specific area. aerially fading a throe to six peaeni increasein the value of not only thepropony that land the buffet butall thepropedcv onlan a to ,- inbcradiusofanintadbuff l hero have al to been iturElEntrus studies ntRU Filed by rAlfor that show the Slidell value Ofmaare trees on a propony_ We are ccar iot s north xscapolmiug Timm the Mnamside biter studies because they arc specific to a location such as Tucson. AZ, but tam xuI coafoihable raying thal a buffet .wild likely not exercise propary value W Sal also wanted to followup on the numbers published in the papa licence to A4e. linfoon'rr protracts oc Mae I srm. Stiff nnm[Cd to non ant bill otthe proposed Affect ama on that propony is in a noodway_ whicb has stfct linnoctiolls Oil c1cVC10ponlit Yet lon, by fedetl irx,ulaiLon_I]to other+tf is in a floodplaul,which also has limitations on development_ While shaft does not have the Imhniaal expenirre to tpectd:ue on the Exact value of the propary, we do chink Ne figure provided in the pap r was hie ifieantly intamd barrel on these facmrs. 'FLY situation Is not uncommon ilhou"hout the Cit.ApproaHn Viv 64 pereanl of tire proposed bu RE area on Innate propcny is toodway_ N1w9t� 3///son P�rn}eet:aw y�I Streamside Ordinance as applied to Mae Farrn ;wra smonw.m """" ,"m11° dMBn *d`"`�°"""'re9nMd FEPNh 1, 4,571 aquah o,06%aft 1WftO. Summary of Waderna" iry mlate0 tang"he sponsorships. Audes, monitoring, and etl ucafional morm undertaken by the City of laaramew,defnm 2005 to of Pro I TYPE to All al or? MI, try Call oil Tor CA 11 .-.A A, Ard, t And, A I..., I InAl I Stay, S 19640 130 USA $ SAICASSAS dr SIDES AS, and SPI or Andorra Card Mery CA 3 pen died HoSsIn West Ind IF to Sort Car I Iddery. Ile I ...... � A, trial droaddrodar nor s 367 A" I.S.Ch A rotor Lake War Sonoran Corona death S ill, S A, all 9 Cr d order ISAAC At or Ar pariath no . al UAer C a 11 Card onaW She Ad MoCkdand What Ito, Alvan 1, honing doic no morr than and Sao, Saar ''SV/V... AM, X � AvU ��� � [ W"^ 4 s _ _, 1' �,a �_' + � _ ., `tom �c� a+ \ __ T_ .._ - �. aI" ' �4« "T43 7oum Bzgtih_wj L7 _, by GAF„ J �4« "T43 7oum Bzgtih_wj L7 _, by GAF„ J NORTHWEST ARKANSAS NEWSPAPERS,,, RECEIVED MAR 31 2011 Northwest Arkansas Democrat Gazette The Morning News of Springdale a'*r°cLBz"esd.;CE`E The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 NonnE Av..... Fwft..11m Manaas]9m1 Po Box 160772702 PHONE: 479 571.6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville- Ordinance 5390 Mamh10- 2011 Publication Charge : $ 259.40 Signed:- iLri�------- Subscribed and swgrn to before me This aday of Aac 2011. Notary Publicm�. _ - 445 y C w My Commission Expires "i s2 o % Do not pay from Affidavit, an invoice will be sent REGENED MAR 31 2011 CITY OF FAYErrevluE CITY LERK90FNCE GIL Go ME Go, Go