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
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Strearnside Protection
Best Management Practices Manual
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The citizens gizide to preserving and
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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
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City of rayertehne: sheamside Protecfion ae,r pratKe, 4