HomeMy WebLinkAboutORDINANCE 5336 ORDINANCE NO. 5336
AN ORDINANCE AMENDING CHAPTER 169: PHYSICAL ALTERATION OF
LAND AND CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND
EROSION CONTROL OF TITLE XV OF THE CODE OF FAYETTEVILLE(UNIFIED
DEVELOPMENT CODE), TO CLARIFY STABILIZATION REQUIREMENTS,
REQUIRE PHASED CONSTRUCTION FOR SITES LARGER THAN 20 ACRES,
CLARIFY RE-VEGETATION REQUIREMENTS, CLARIFY REQUIREMENTS FOR
CUT AND FILL SLOPES AND RETAINING WALLS, DEFINE MAINTENANCE
RESPONSIBILITY FOR STORMWATER MANAGEMENT SYSTEMS, RESTRICT
LOCATION OF DIRT AND TOPSOIL STORAGE AND DEFINE STABILIZATION
PRACTICES FOR DIRT AND TOPSOIL STORAGE, DEFINE A QUALIFIED
INSPECTOR FOR EROSION AND SEDIMENT CONTROL BEST MANAGEMENT
PRACTICES, AND REQUIRE SITE PLANS FOR ONE AND TWO FAMILY
RESIDENCES TO CONTAIN A PLAN FOR EROSION AND SEDIMENT CONTROL
AND FINAL ON-SITE DRAINAGE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That Chapter 169: Physical Alteration of Land of Title XV of the Code of Fayetteville
(Unified Development Code), is hereby repealed,and Exhibit"A"attached hereto and made a part hereof,
is inserted in its stead.
Section 2. That Chapter 170: Stormwater Management, Drainage, and Erosion Control, Title XV
of the Code of Fayetteville (Unified Development Code), is hereby repealed, and Exhibit "B," attached
hereto and made a part hereof, is inserted in its stead.
PASSED and APPROVED this 3`d day of August, 2010.
APPROVED: ATTEST:
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B ` t—� By: , RIIM W dplcmmnvy
LI NELD JO Mayor SON RA E. SMITH, City Clerk/Treasur$t66\,. .. .f4S'%
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Exhibit"A"
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 169: PHYSICAL ALTERATION OF LAND
169.01 INTENT.............................................................................................................................................3
169.02 GENERAL REQUIREMENTS..........................................................................................................3
169.03 PERMITS REQUIRED/EXCEPTIONS.............................................................................................3
169.04 MINIMAL EROSION CONTROL REQUIREMENTS.......................................................................4
169.05 ONE-TIME APPROVALS.................................................................................................................4
169.06 LAND ALTERATION REQUIREMENTS.........................................................................................5
169.07 GRADING PLAN SPECIFICATIONS ..............................................................................................8
169.08 GRADING PLAN SUBMITTAL........................................................................................................9
169.09 MINOR MODIFICATIONS..............................................................................................................10
169.10 APPROVAL....................................................................................................................................10
169.11 DISCOVERY OF HISTORIC RESOURCES..................................................................................10
169.12 CERTIFICATE OF OCCUPANCY.................................................................................................10
169.13 OWNER RESPONSIBILITY...........................................................................................................10
169.14-169.99 RESERVED.........................................................................................................................10
CD169:1
Exhibit W
CD169:2
Exhibit"A"
CHAPTER 169: PHYSICAL ALTERATION OF LAND
169.01 Intent 169.03 Permits Required/Exceptions
(A) It is the city's intent to safeguard the health, (A) Permit required. No grading, filling, excavation,
safety, and welfare of Fayetteville citizens by or land alteration of any kind shall take place
implementing standards and procedures for the without first obtaining:
physical alteration of land. It is not the city's
intent to supersede federal or state regulations (1) A grading permit pursuant to this chapter
such as, but not limited to, the Occupational except as specified in§169.03(B);
Health&Safety Act.
(2) A stormwater management, drainage and
(B) The purpose of this chapter is to control grading, erosion control permit(hereinafter referred to
clearing, filling, and cutting (or similar activities) as a"drainage permit")except as specified in
which alone or in combination cause landslides, §170.03(C)and§170.03(D);and
flooding, degradation of water quality, erosion
and sedimentation in storm sewer systems and (3) An Arkansas Department of Environmental
water storage basins. It is also the intent of this Quality Stormwater Construction Permit and
chapter that through the implementation of the incorporated Stormwater Pollution
guidelines and regulations contained herein, the Prevention Plan, if required by state law.
existing scenic character and quality of the
neighborhood and city as a whole not be (4) A grading permit is required by the City for
diminished. any development occurring within the
Hillside/Hilltop Overlay District boundaries. If
(Code 1991,§161.01;Ord. No.3551,6-4-91;Ord. No.4100, a parcel of land is divided by the
§2(Ex.A),6-16-98;Ord.No.4113,§1,8-18-98) Hillside/Hilltop Overlay District boundary,
then only that portion of land lying within the
169.02 General Requirements boundary is subject to the requirements of
(A) Protection. Persons engaged in land alteration this chapter.
activities regulated by this chapter shall take (B) Exceptions where no grading permit is required,
measures to protect public and private properties Grading permits are not required for the
from damage by such activities. following:
(B) Site conditions. Development shall generally (1) Excavation below finish grade. Excavations
conform to the natural contours of the land, below finished grade for basements,
natural drainage ways, and other existing site swimming pools, hot tubs, septic systems,
conditions. retaining walls under 4 feet in height, and
(C) Adjacent properties. All developments shall be like structures authorized by a valid building
permit.
constructed and maintained so that adjacent
properties are not unreasonably burdened with (2) Cemetery graves. Cemetery graves.
surface waters as a result of such development.
More specifically, new development may not (3) Refuse disposal. Refuse disposal sites
unreasonably impede water runoff from higher controlled by other regulations.
properties nor may it unreasonably channel water
onto lower properties. (4) Single-family/duplex. Construction of one
single-family residence, or duplex not
(D) Restoration. Land shall be revegetated and located within the 100 year flood plain, the
restored as close as practically possible to its Hillside/Hilltop Overlay District, or on a slope
original conditions so far as to minimize runoff 15%or greater.
and erosion are concerned. Previously forested
areas shall follow the City's Landscape Manual (5) Building additions. Building additions of less
for mitigation of forested areas. than 2,000 square feet where associated
land alteration activities are not beyond the
(Code No. 1991, §161.02; Ord. No. 3551, 6-4-91; Ord. No. scope of what is necessary to construct said
4100, §2 (Ex.A),6-16-98; Ord. No. 4113, §1, 8-18-98; Ord.
4855,4-18-06) addition and are not located within the 100
year flood plain, the Hillside/Hilltop Overlay
District,or on a slope 15%or greater.
(C) Grading permit application and approval. No
grading permit shall be issued until the grading
CD169:3
Exhibit"A"
plan, endorsed by a registered architect, (2) Where construction activity will resume on a
landscape architect, or engineer, is approved by portion of the site within 21 days from when
the City Engineer. A separate permit shall be activities ceased, (e.g. the total time period
required for each site; it may cover both that construction activity is temporarily
excavations and fills. Grading permits may be ceased is less than 21 days) then
issued jointly for parcels of land that are stabilization measures do not have to be
contiguous, so long as erosion control measures initiated on that portion of the site by the 14th
are in place until project completion. Any day after construction activity temporarily
application for a required grading permit under ceased.
this chapter shall be submitted concurrently with
the application and calculations for a drainage Stabilization practices may include: temporary
permit if such a drainage permit is required by seeding, permanent seeding, mulching,
§170.03., coordination with Chapter 167. Tree geotextiles, sod stabilization, vegetative buffer
Preservation and Protection is required. strips, protection of trees, and preservation of
mature vegetation and other appropriate
(D) Permit posted. A copy of the grading permit measures. See Chapter 167 of the UDC for tree
cover page shall be posted at or near the street protection requirements.
right-of-way line and shall be clearly visible from
the street. (C) Intermittent(perennial streams. No intermittent or
perennial stream, including a 25 foot perimeter
(Code 1991,§161.03;Ord. No.3551,6-5-91;Ord.No.4100, strip measured from the top of the bank, shall be
§2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No. graded, developed, channeled, or physically
4313,5-15-01;Ord.4855,4-18-06) altered unless adequate guarantees are made for
169.04 Minimal Erosion Control erosion and sedimentation control both during
construction and post construction. Likewise,
Requirements cuts or fills shall be setback sufficiently from
If exempt under 169.03, a grading permit is not intermittent and perennial streams and other
required. However, exempt as well as non-exempt stormwater drainage systems to guarantee that
activities shall be subject to the following minimal there will be no damage from erosion or
erosion and sedimentation control measures. sedimentation. Final erosion and sedimentation
control measures shall be approved by the City
(A) Natural vegetation. The potential for soil loss Engineer.
shall be minimized by retaining natural vegetation
wherever possible. Development in the (D) Excavation material. Excavation material shall
Hillside/Hilltop Overlay District should comply not be deposited in or so near streams and other
with the recommendations of the Hillside/Hilltop stormwater drainage systems where it may be
Best Management Practices Manual with regard washed downstream by high water or runoff. All
to the retention of natural vegetation on excavation material shall be stabilized
Hillside/Hilltops. immediately with erosion control measures.
(B) Stabilization. A record of the dates when grading (E) Fording streams. Fording of streams with
activities occur, when construction activities construction equipment or other activities which
temporarily or permanently cease on a portion of destabilize stream banks shall not be permitted.
the site, and when stabilization measures are
initiated shall be included in the erosion and (F) Debris, mud, and soil in public streets. Debris,
sediment control plan. Except as provided in (1) mud and soil shall not be allowed on public
and (2) below, stabilization measures shall be streets but if any debris, mud, or soil from
initiated as soon as practicable in portions of the development sites reaches the public street it
site where construction activities have shall be immediately removed via sweeping or
temporarily or permanently ceased, but in no other methods of physical removal. Debris, mud,
case more than 14 days after the construction or soil in the street may not be washed off the
activity in that portion of the site has temporarily street or washed into the storm drainage system.
or permanently ceased. Storm drainage systems downstream of a
development site should be protected from
(1) Where the initiation of stabilization measures debris, mud, or soil in the event that debris, mud,
by the 14`" day after construction activity or soil reaches the drainage system.
temporarily or permanently ceases is
precluded by snow cover, stabilization (Code 1991, §161.04;Ord. No. 3551,6-5-91;Ord. No.3947,
measures shall be initiated as soon as §1, 2-6-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
practicable. 4113,§1,8-18-98;Ord.4855,4-18-06)
169.05 One-Time Approvals
CD169:4
Exhibit"A"
the City Engineer for purposes of assessing
(A) Utilities. Public and private utility organizations safety, stability, and drainage problems:
may obtain a one-time approval from the City (See illustrations).
Engineer for all routine underground electric,
water, sewer, natural gas, telephone, or cable (a) Setback from top or toe of cut or fill.
facilities. The approval will include a utility Buildings shall be setback from the top
organization and its contractors, agents, or or toe of a cut or fill in accordance with
assigns and will be permanent in nature as long Zoning, Chapters 160 through 165;
as the original approved procedures are followed. Building Regulations, Chapter 173; or
the approved grading plan, whichever is
(B) Stockpiling materials. One-time approval may be greatest.
obtained by public or private entities for the
stockpiling of fill material, rock, sand, gravel, (b) Setbacks from property lines. The
aggregate, or clay at particular locations, subject required setback of retaining walls, cut
to Zoning, Chapters 160 through 165. slopes, and fill slopes from property
lines shall be as given in the
(Code 1991,§161.05;Ord.No. 3551,6-4-91;Ord. No.4100, illustrations. Property lines may be filled
§2(Ex.A),6-16-98) over or cut if a grading plan for the cut
or fill is submitted jointly by the owner of
169.06 Land Alteration Requirements both properties or with written
permission from the adjacent property
(A) Grading plan evaluation. Grading plans shall be owner and if no utility easements are
evaluated by the City Engineer for conformance involved. If utility easements are
with the minimal erosion control requirements of involved, approval is required as given
§169.04 and the following requirements. in (c) below in addition to the joint
(B) Requirements varied. Variances of this chapter's submittal requirement.
requirements may be approved by the City (c) Setbacks from the edge of an
Engineer. The extent to which variations may be easement. The required setback of
made will depend on the soil types encountered, retaining wall, cut slopes, and fill slopes
planned slopes, planned vegetation, and from the edge of easements shall be as
investigative engineering reports. In no case given in the illustrations. Where no
shall the City Engineer waive or modify any of the utilities are present in an easement, or
minimum erosion control requirements as given where utilities are planned to be
in§169.04. relocated, and where such action is
approved by all in(C) Cut or fill slopes. easements may falll(with n ancut orh fill
(1) Finish grade. Cut or fill slopes shall have a section.
finish grade no steeper than 33% (3.00 (d) Setbacks from structures. The required
horizontal to 1 vertical), unless otherwise setback of retaining walls, cut slopes,
approved by the City Engineer. Land and fill slopes from structures shall be
located within the Hillside/Hilltop Overlay as given in the illustrations. If a
District may have cut or fill slopes with a structure farms an integral part of the
finish grade no steeper than 50% (2.00 retaining wall, then the setbacks do not
horizontal to 1 vertical) unless otherwise apply to that structure.
approved by the City Engineer.
(e) Calculating setbacks. For the purpose
(2) Maximum length. The maximum length of of calculating setbacks, any cut or fill
any cut or fill slope without a terrace (as section which is on a slope of one to
described in 169.06 (D) below) shall be 100 one or greater shall be considered a
feet as measured along the ground. The retaining wall.
terrace shall be at least six feet(6)wide.
(f) Administrative variance. Setbacks from
(3) Existing topography. Cut or fill slopes shall easement lines and structures may be
be constructed to eliminate sharp angles of varied administratively by the City
intersection with the existing terrain and shall Engineer if geotechnical and/or
be rounded and contoured to blend with the structural information is provided that in
existing topography. the opinion of the City Engineer justifies
(4) Setback requirements. The following the variance. '..
setback requirements shall be reviewed by
CD169:5
Exhibit"A"
(g) Additional information required. The (5) Terraces. Terraces shall be required for fills
City Engineer may require further greater than 10 feet in height. It is
geotechnical and/or structural recommended that terracing be at a
information to show that setbacks maximum ratio of one foot of horizontal
greater than those given are not needed terrace for every foot of vertical surface.
to protect property, utilities, or the
integrity of property lines. (F) Erosion and sedimentation control.
(D) Cuts. (1) Permanent improvements. Permanent
improvements such as streets, stone
(1) Vertical height. Cuts shall be limited to 10 sewers, curb and gutters, and other features
feet in vertical height unless information for control of runoff shall be scheduled
demonstrating slope stability, erosion coincidental to removing vegetative cover
control, and drainage control is provided from the area so that large areas are not left
together with a re-vegetation plan. For exposed beyond the capacity of temporary
nonsolid rock cuts, terraces shall be required control measures.
for cuts greater than 10 feet in height. It is
recommended that terracing be at a (2) Phased Construction. The area of
maximum ratio of one foot of horizontal disturbance onsite at any one time shall be
terrace for every foot of vertical surface. limited to 20 acres. An additional 20 acres
(a maximum of 40 acres of disturbance at
(2) Maximum vertical cut. In solid rock, as any one time) may be stripped with the
determined by geotechnical and engineering permission of the City Engineer in order to
data approved by the City Engineer, the balance cut and fill onsite. No additional
maximum vertical cut shall be 30 feet. area may be open without the permission of
the City Engineer until the previously
(3) Fill material. In no case shall a cut be disturbed areas have been temporarily or
allowed primarily for the purpose of obtaining permanently stabilized.
fill material to a different site, unless the
exporting site is located within an extraction (3) Stockpiling of top soil. Top soil shall be
district. stockpiled and protected for later use on
areas requiring landscaping. All storage
(E) Fills. piles of soil, dirt or other building materials
(e.g. sand) shall be located more than 25
(1) RocksAY1. All imported fill shall be free of feet from a roadway, drainage channel or
rocks greater than 12 inches in diameter and stream (from top of bank), wetland, and
any detrimental organic material or refuse stormwater facility. The City Engineer may
debris. also require top soil stockpiles to be located
up to fifty (50) feet from a drainage channel
(2) Compaction. Fill shall be placed and or stream, as measured from the top of the
compacted as to minimize sliding or erosion bank to the stockpile, for established TMDL
of soil. Fill compaction shall equal the water bodies; streams listed on the State
compaction of undisturbed, adjacent soil, 303(d) list; an Extraordinary Resource
except fills covered by Building Regulations, Water, Ecologically Sensitive Waterbody,
Chapter 173, or other structural fills. The and/or Natural and Scenic Waterbody, as
City Engineer may require soil tests during defined by Arkansas Pollution Control and
compaction work or upon its completion at Ecology Commission Regulation No. 2;
the expense of the permittee. and/or any other uses at the discretion of the
City Engineer.
(3) Grade. Fill shall not be placed on existing
slope with a grade steeper than 15% (6.67 Topsoil piles surfaces must be immediately
horizontal to 1 vertical) unless keyed into stabilized with appropriate stabilization
steps in the existing grade and thoroughly measures. Stabilization practices may
stabilized by mechanical compaction. include: temporary seeding (i.e. annual rye
or other suitable grass), mulching, and other
(4) Vertical height. Fills shall be limited to 10 appropriate measures. Sediment control
feet in vertical height unless information measures such as silt fence shall be
demonstrating slope stability, erosion provided immediately for stockpiles and
control, and drainage control is provided remain in place until other stabilization is in
together with a re-vegetation plan. place. Storm drain inlets must be protected
from potential sedimentation from storage
CD169:6
Exhibit"A"
piles by silt fence or other appropriate uniform ground cover. Sod, erosion
barriers. fabric, herbaceous groundcover (in
wooded areas),and/or a hydroseed with
(4) Existing vegetation. Every means shall be warm season grasses is required. Re-
taken to conserve and protect existing vegetation requirements shall be met
vegetation. prior to the issuance of a certificate of
occupancy. Cut and Fill tie-back slopes
(5) Re-vegetation. Re-vegetation shall be shall be re-vegetated with appropriate
required to meet the following performance tree species to achieve a minimum of
standards (sediment controls shall remain in 25%tree canopy at maturity.
place until re-vegetation is established)
unless otherwise allowed by the City (6) Plant/water. Plant materials shall be
Engineer: watered or irrigated and tended. Where
irrigation or regular watering is not available,
(a) Topsoil. A minimum of 4 inches of only native or acclimated plant species shall
topsoil shall be required to be either be used. If the soil cannot properly sustain
existing or installed in areas to be re- vegetation, it must be appropriately
vegetated. Any application of topsoil amended. If re-vegetation is not firmly
and seeding under the drip line of a tree established and healthy after one year, the
should be minimized to 3 inches so as urban forester shall require that it be redone
not to damage the trees root system. in part or total.
(b) Zero to 10%grade: Re-vegetation shall (7) Plant/terrace bench. Plant materials shall be
be a minimum of seeding and mulching. planted along terrace benches. Said
Said seeding shall provide complete and plantings shall be spaced as necessary to
uniform coverage that minimizes erosion thoroughly stabilize the terrace bench. The
and runoff in no more than two growing remainder of the terraced slope shall be re-
seasons. vegetated and stabilized according to
(c) 10:1 up to 4:1 grade: Re-vegetation §169.06(F)(5)above.
shall be a minimum of hydro-seeding (8) Permanent erosion control. The developer
with mulch and fertilizer, sod, or shall incorporate permanent erosion control
groundcover. Said planting shall features at the earliest practical time.
provide complete and uniform coverage Temporary erosion control measures will be
in no more than two growing seasons. used to correct conditions that develop
during construction that were unforeseen
(d) 4:1 to 3:1 grade: The slope shall be during the design stage, that are needed
covered with landscape fabric and prior to installation of permanent erosion
hydro-seeded with mulch and fertilizer, control features, or that are needed
or staked sod, or groundcover. Said temporarily to control erosion that develops
planting shall provide complete and during normal construction projects, but are
uniform coverage in no more than two not associated with permanent control
growing seasons. features on the project.
(e) More than 3:1 grade: Any finish grade (G) Undisturbed land requirements. In the
over 3:1 shall be stabilized with one or development of residential subdivisions,
more of the following: allowable grading of slopes shall be in
1) Retaining walls; accordance with this table.
2) Cribbing with landscape fabric;
3) Terracing with groundcover;
4) Riprap; Average Grade Minimum Undisturbed Area
5) Staked Sod (up to 2:1 slope) 10 to 15 percent 40 percent
If Cribbing, Terracing, or Riprap is used, 15 to 20 percent 50 percent
the slope's stability and erodibility must >20 ercent 60 ercent
be equivalent to or better than its
predevelopment state. In the development of Large Scale Developments,
Large Site Improvement Plans, and lots within the
(f) Hillside/Hilltop Overlay District. Re- Hillside Overlay District, the minimum amount of
vegetation of lands within the undisturbed land shall equal the percent minimum
Hillside/Hilltop Overlay District shall be tree canopy pursuant to§167.04(C). Planned Zoning
planted immediately after the physical Districts shall show undisturbed areas, but may be
alteration of the land with complete and
CD169:7
Exhibit"A"
approved by the City Council with lesser percentages (4) Identify land to be disturbed. Land areas to
of undisturbed area than required above. be disturbed shall be clearly identified.
(H) Required retaining wall and rock cut design. (5) Engineedarchitect. Seal of a registered
engineer, architect, or landscape architect
(1) Designlnspection. Any retaining wall more certifying that the plan complies with this
than four feet in height shall be designed by chapter.
a registered professional engineer, and shall
be field inspected by the design engineer. (6) Cuts and fills. All cuts and fills, including
The design engineer shall provide proof of height and slope, shall be clearly shown on
inspection and certify that the wall was the plan.
constructed in conformance with the design.
The City Engineer may require retaining (7) Streets and rights-of-way. Location and
walls less than four feet in height to be names of all existing or platted streets or
designed by a professional engineer. rights-of-way within or adjacent to tract and
location of all utilities and easements within
(2) Investigation/report. All proposed rock cuts or adjacent to the property shall all be
and any cut or fill 10 feet or greater will indicated.
require a geotechnical investigation and a
formal report submitted by a registered (8) Lot/building, etc. identification. The
professional engineer qualified to make such proposed location of lots, buildings, streets,
investigations. parking lots and parks, playgrounds or green
space shall be indicated. Also to be
(3) Safety railings. Safety railings may be indicated is any existing or proposed building
required on any retaining wall 2.5 feet or within 100 feet of the site.
higher. The decision as to whether to
require safety railing shall be based on (9) Soil type. Soil types shall be identified
potential pedestrian and public access to the according to the Unified Soil Classification
retaining wall and applicable building codes. System.
This requirement for safety rails shall also
apply to vertical or near vertical rock cuts (10)Natural features. Location of natural
and to steep (greater than 3:1) cut or fill features such as drainage ways, ponds, rock
slopes.p outcroppings, and tree cover. Indication of
(Code 1991,§161.07;Ord. No.3551,6-4-91; Ord.No.4100, 100 year floodplains as defined by FEMA.
§2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No. (11)Streets and drainage ways. Profiles and
4855,a-16-06) cross sections for proposed streets and
769.07 Grading Plan Specifications drainage ways.
(12)Acreage/zoning. Total acreage and zoning
(A) Grading plan. The applicant shall prepare a classification.
grading plan as follows:
(13)Surface water. Provisions for collecting and
(1) Site plan. Site plan at a scale no smaller discharging surface water.
than one inch equals 50 feet, showing
property lines; vicinity map; name of owner, (14)Underground utilities. Profiles and cross
developer and adjacent property owners. sections of streets, drainage systems, and
underground utilities, if they are necessary to
(2) Existing grades. Existing grades shall be clarify the grading plan in terms of potential
shown with dashed line contours and erosion or runoff,or if the grading on site has
proposed grades with solid line contours. the potential of disturbing the utility line.
Grading plans shall be required to show both
the proposed grade and the undisturbed (15)Treatment of slopes and benches. The
area. Contour intervals shall be a maximum method of treatment for all slopes and
of two feet. Spot elevations shall be benches shall be indicated.
indicated.
(16)Natural vegetation preservation. Proposals
(3) Designation of grade. Areas with 0 to 10%, for preserving natural vegetation and
10 to 15%, 15 to 20% and more than 20% description of re-vegetation or other
grade shall each be identified in a permanent erosion control strategy.
distinguishing manner.
CD169:8
Exhibit"A"
(17)Runoff/sedimentation. Specification of (B) Preliminary grade plan. The preliminary grading
measures to control runoff and plan shall include all the above items except (5),
sedimentation during construction indicating (7), (11), (13), and (14) above. In addition to the
what will be used such as straw bales, silt above items,the city may require a cross section
dams, brush check dams, lateral hillside through the property showing existing and
ditches,catch basins,and the like. proposed grades as part of the preliminary
submission.
(18)Preliminary plat master build-out grading
plan. The applicant shall prepare a master The following additional required information may
grading plan to be followed during individual be reported in text rather than shown on the
lot development to convey runoff to a public grading plan.
drainage easement or right of way. In
addition to the requirements of 169.07 A, the (1) Time schedule. A time schedule indicating
following shall be required for individual lot the anticipated starting and completion dates
drainage design: of the development sequence and time of
exposure of each area prior to stabilization
a. Identify lot lines and conceptual foot measures.
print of residence.
(2) Description / rill material / compaction.
b. Establish the minimum finish floor Description of quantity (in cubic yards),
and grading adjacent to the source, and composition of imported fill
residential structure in accordance material and compaction specifications.
with Chapter 173 Building Also, note the quantity (in cubic yards) and
Regulations and the Arkansas Fire destination of excavation materials to be
Prevention Code. removed from the site.
c. Indicate individual lot drainage with (3) Dust. Where excessive dust may become a
the use of spot elevations and flow problem,a plan for spraying water on heavily
arrows. traveled dirt areas shall be addressed.
i. The minimum slope of the (4) Soils engineering study. The City Engineer
flow path from the top of may require a soil engineering study, or soil
curb, top bank, or loss calculations if site conditions so warrant.
approved drainage inlet to
the high point of the final (Code 1991,§161.08;Ord. No.3551,6-4-91;Ord. No.4100,
graded lot shall be at a §2 (Ex. A),6-16-98; Ord. No. 4113, 8-18-98; Ord. No.4855,
minimum of 2% for 4-18-06)
grassed surfaces.
ii. In general, drainage should be
routed on the shortest practicable 169.08 Grading Plan Submittal
flow path to the public right of way
or drainage easement. (A) Preliminary grading plan. A preliminary grading
plan shall be submitted at the time of preliminary
d. Non structural grassed swales for plat submission for subdivisions or plat
rear lot drainage concentration is submission for large scale development,
discouraged and shall not be whichever is applicable.
installed in combination with a utility
easement. (B) Final grading plan. No subdivision may be
finalized, nor large scale development plat
e. Utility Easements shall be graded approved before a final grading plan has been
and shaped in accordance with the submitted to the City Engineer and approved.
master build-out grading plan The final grading plan and the final plat of land
during preliminary plat construction. located within the Hillside/Hilltop Overlay District
shall have the following plat note stating:
L Provisions will be `Property and lot owners of lands located within
considered to the Hillside/Hilltop Overlay District shall have
accommodate positive foundation plans designed, approved and sealed
drainage until build-out by a professional architect or engineer.
occurs.
CD169:9
Exhibit"A"
(C) A copy of the Stormwater Pollution Prevention the property is fully stabilized. If property is
Plan (SWPPP) is required to be submitted with transferred anytime between the onset of
the grading plan for sites one acre or larger. development and at the time it is fully stabilized, all
responsibility and liability for meeting the terms of the
(D) In cases where neither subdivision plat, nor LSD chapter shall be likewise transferred to the new
plat is applicable, proof of notification of adjacent property owner.
property owners and grading plan must be
submitted simultaneously with the application for (Code 1991,§161.16;Ord. No.3551,6-4-91;Ord. No.4100,
a grading permit §2(Ex.A),6-16-98)
(Code 1991,§161.09;Ord.No.3551,6-4-91; Ord. No.4100, 169.14-169.99 Reserved
§2(Ex.A),6-16-98;Ord.No.4855,4-18-06)
Cross reference(s)--Notification and Public Hearings,
Ch.157.
169.09 Minor Modifications
Finish grades shall be allowed no more than a 0.50
foot tolerance from the grading plan. However, the
City Engineer may authorize in writing minor
modifications so long as they do no alter the direction
of run-off and otherwise comply with the intent of this
chapter. When applicable, major modifications must
be brought before the Subdivision Committee for their
approval.
169.10 Approval
Approval of a grading plan is contingent on meeting
all the requirements of this ordinance plus any set of
varied requirements approved by the Planning
Commission.
(Code 1991, §161.10;Ord. No. 3551,6-4-91; Ord. No.4100,
§2(Ex.A),6-16-98;Ord.No.4113,8-18-98)
169.11 Discovery Of Historic Resources
Whenever, during the conduct of grading any
historical, pre-historical, or paleontological materials
are discovered, grading shall cease and the City
Engineer shall be notified.
(Code 1991, §161.21;Ord. No.3551,6-4-91;Ord.No.4100,
§2(Ex.A),6-16-98)
169.12 Certificate Of Occupancy
All re-vegetation and grading plan improvements shall
be in place before a certificate of occupancy shall be
issued. When a property owner has finished building
construction but has yet to install plant material, said
owner may apply for a temporary certificate of
occupancy. In evaluating whether or not to grant a
temporary certificate of occupancy, the City Engineer
shall consider weather conditions and temporary
stabilization measures.
(Code 1991,§161.15;Ord.No. 3551,64-91;Ord. No.4100,
§2(Ex.A),6-16-98)
169.13 Owner Responsibility
The property owner shall be responsible both for his
or her employees and for all contractors and
subcontractors from the onset of development until
CD169:10
Exhibit"B"
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND
EROSION CONTROL
170.01 INTENT..............................................................................................................................................3
170.02 ADOPTION OF DRAINAGE CRITERIA MANUAL ..........................................................................3
170.03 PERMITS REQUIRED ......................................................................................................................3
170.04 DRAINAGE PERMIT CONDITIONS.................................................................................................4
170.05 DRAINAGE PERMIT APPLICATION...............................................................................................5
170.06 SUBMISSION, REVIEW, AND APPROVAL OF PLANS.................................................................5
170.07 PERFORMANCE CRITERIA............................................................................................................6
170.08 MAINTENANCE RESPONSIBILITY.................................................................................................7
170.09 DRAINAGE PERMIT PROCESSING................................................................................................9
170.10 STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES ........................................9
170.11 PRELIMINARY PLAT, LOT REQUIREMENTS..............................................................................12
170.12 1 &2 FAMILY RESIDENTIAL REQUIREMENTS..........................................................................12
170.13 STORMWATER POLLUTION PREVENTION................................................................................12
170.14-170.99 RESERVED.........................................................................................................................13
CD170:1