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(Unified Development Code), is hereby repealed,and Exhibit"A"attached hereto and made a part hereof,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of the Code of Fayetteville (Unified Development Code), is hereby repealed, and Exhibit "B," attached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
Exhibit "B"
CD170:2
Exhibit "B"
CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND EROSION
CONTROL
170.01 Intent
(A) Intent. It is the intent of this chapter to protect,
maintain, and enhance the health, safety, and
general welfare of the citizens of the City of
Fayetteville by:
(1) Preventing increases in the magnitude and
frequency of stormwater runoff to prevent
increases in flood flows and associated
hazards and costs.
(2) Controlling soil erosion and sedimentation to
minimize soil deposition in streams and other
receiving water bodies and storm drainage
systems.
(3) Requiring surface and stormwater
management practices that comply with
requirements of this chapter.
(4) Promoting the development of stormwater
facilities that are aesthetically desirable.
(B) Findings of fact. The City Council finds that
uncontrolled stormwater runoff from developed
land adversely affects the public health, safety,
and welfare because:
(1) Impervious surfaces / runoff. Impervious
surfaces increase the quantity and velocity of
surface runoff, which reduces percolation of
water through soil and increases erosion and
flooding.
(2) Collection and conveyance of storm water.
Improper stormwater collection and
conveyance adversely affects property and
increases the incidence and severity of
flooding, which can endanger property and
human life.
(3) Erosion. Increased erosion leads to
sedimentation in stormwater management
systems, which decreases the system's
capacity
(4) Future problems. Many future problems can
be avoided if land is developed in
accordance with sound stormwater runoff
management practices.
(Code 1991, §163.03; Ord. No. 3895, 1, 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord.
4920, 9-05-06)
CD170:3
170.02 Adoption Of Drainage Criteria
Manual
The City Council hereby adopts by reference the
Drainage Criteria Manual, prepared for the City of
Fayetteville, and adopted by Ordinance No. 3895 of
the City of Fayetteville, and as may be amended from
time to time. All technical procedures and design
standards contained therein shall have the same
force and effect as if printed word for word in this
chapter.
(Code 1991, §163.03; Ord. No. 3895, §1, 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 09-05-06)
170.03 Permits Required
(A) Applicability. This chapter shall apply to all land
within the corporate limits of the City of
Fayetteville. No person may subdivide and
develop, change to a more intensive land use,
construct or reconstruct a structure, or change
the size of a structure, or conduct grading,
clearing, or filling activities without first obtaining
a stormwater management, drainage and erosion
control permit (hereinafter referred to as a
"drainage permit") from the city, except as
specified in §170.03(C) and §170.03 (D) below.
(B) Permit application. Any application for a drainage
permit shall be submitted according to §170.05
below, and shall be submitted concurrently with
the application for a grading permit, if such
grading permit is required by § 169.03. The
drainage permit applications shall include at the
time of submission the calculations required by
§170.05(B)(7). The application also shall state
whether or not detention is required, and shall
provide the basis for that conclusion, utilizing the
performance criteria set forth in §170.07 below.
The City Engineer shall make the final
determination regarding detention.
(C) Project not requiring detention. Any project that
requires a drainage permit that does not require
detention may receive, with the approval of the
City Engineer, a grading permit prior to issuance
of the drainage permit. Any grading permit issued
prior to the issuance of a required drainage
permit shall be subject to the following:
(1) Insufficient or incomplete drainage permit
application. If the drainage permit
application, including the required
calculations, is determined by the City
Engineer to be insufficient or incomplete, it
shall be revised and resubmitted by the
applicant within four (4) weeks of receipt of
Exhibit "B"
written notice of insufficiency or
incompleteness.
(2) Deadline for the revised application. A stop
work order for all grading on the project shall
be issued by the City Engineer if a revised
application is not submitted within four (4)
weeks of receipt by applicant of the written
notice of insufficiency or incompleteness.
However, the City Engineer may delay
issuance of the stop work order if the City
Engineer determines that the applicant has
demonstrated prior to the deadline that
circumstances not reasonably foreseeable
and beyond the applicant's reasonable
control prevented his timely resubmission of
a sufficient and complete revised drainage
permit application.
(3) Insufficient or incomplete revised application.
A stop work order for all grading on the
project shall be issued by the City Engineer if
the revised application is determined by the
City Engineer to be still insufficient or
incomplete.
(4) Stabilization and revegetation after stop work
order. If a stop work order is issued pursuant
to §170.03 (C) (3), the applicant shall
stabilize and revegetate all graded and
otherwise disturbed areas as set forth in
§169.06(F)(6) and §169.04(B).
(5) Termination of stop work order. Any stop
work order issued pursuant to §170.03 (C)
(2) or §170.03 (C) (3), shall expire upon the
issuance of a drainage permit and
compliance with any conditions contained in
the drainage permit.
(D) Exceptions where no drainage permit is required.
Drainage permits are not required for the
following:
(1) Single-family/duplex. One single-family
residence or duplex. A drainage permit is
not required. See Section 170.12 for
building permit submittal requirements.
(2) Commercial/Industrial. One commercial or
industrial project built on an individual lot that
is part of a larger subdivision that has been
issued an approved drainage control permit
when the proposed project is demonstrated
to be in compliance with the overall
subdivision drainage permit.
(3) Existing commercial/Industrial. Existing
commercial and industrial structure where
additional structural improvements are less
than 2,000 square feet.
(4) Maintenance. Maintenance or clearing
activity that does not change or affect the
quality, rate, volume, or location of
stormwater flows on the site, or runoff from
the site.
(5) Agriculture. Bona fide agricultural pursuits,
for which a soil conservation plan has been
approved by the local Soil and Water
Conservation District.
(6) Emergency. Action taken under emergency
conditions, either to prevent imminent harm
or danger to persons, or to protect property
from imminent danger of fire, violent storms,
or other hazards.
(E) Compliance with chapter provisions. Although a
specific permit is not required for these particular
circumstances, this exception does not exempt
the owner/developer/builder from complying with
the pollution prevention and erosion and
sediment control provisions of this chapter.
(Code 1991, §163.04; Ord. No. 3895, §1, 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4314, 5-15-01; Ord.
4920, 9-05-06)
170.04 Drainage Permit Conditions
Each permit issued shall be subject to the following
conditions.
(A) Area. The development, including associated
construction, shall be conducted only within the
area specified in the approved permit.
(B) Execution. Activities requiring a stormwater
management, drainage, and erosion control
permit shall not commence until the drainage
permit is approved. The approved drainage
permit shall be on file with the city and a copy on
file with the contractor for review and inspection
upon request.
(C) Inspections. A schedule of inspections to be
carried out during the construction phase of
permitting shall be established as conditions to
the permit.
(D) Duration.
(1) Unless revoked or otherwise modified, the
duration of a drainage permit issued
pursuant to this chapter shall be one year.
(2) If the permitted project discharge structure is
not completed prior to expiration, the
drainage permit duration can be extended to
cover the project duration, subject to
approval of the City Engineer.
CD170:4
Exhibit "B"
(E) Maintenance. Maintenance activities, as specified
(3) Land use map. Land use map showing both
in the approved maintenance plan, shall be
current and proposed conditions for the
executed routinely, with scheduled reporting to
drainage area that contributes runoff.
the City Engineer.
(4) Soils and vegetation map. Soils and
(F) Modifications. If the activity authorized by the
vegetation map displaying the most recent
permit is not completed according to the
U.S. Soil Conservation Service information
approved schedule and permit conditions, the
and encompassing both the project area and
City Engineer shall be notified. For revisions
the drainage area that contributes runoff.
resulting in a schedule extension of more than 30
days, or if deviations from the permit conditions
(5) Grading, drainage, paving, building
are expected to occur, approval of a permit
drawings. Proposed grading, drainage,
modification is required by the City Engineer,
paving, and building drawing(s) showing
details of proposed grading, drainage,
(G) Transfer. No transfer, assignment, or sale of the
paving, and buildings.
rights granted by virtue of an approved permit
shall be made without prior written approval from
(6) Erosion and sediment drawings. Erosion and
the City Engineer,
sediment control drawing(s) and
specifications identifying the type, location,
(H) Special. Any additional special conditions, as
and schedule for implementing erosion and
deemed appropriate by the City Engineer, shall
sediment control measures, including
be established to address specific project needs
appropriate provisions for maintenance and
or circumstances.
disposition of temporary measures.
(Code 1991, §163.05; Ord. 3895, §1, 6-20-95; Ord. No.
(7) Technical report. Technical report, prepared
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06)
by a registered professional engineer,
describing the assumptions, calculations,
170.05 Drainage Permit Application
and procedures used for determining
A storm water management, drainage, and erosion
compliance with the performance criteria
control permit application shall be submitted to the
established by this chapter.
City Engineer using appropriate forms as provided by
the city. A permit application shall contain sufficient
(8) Maintenance report. Maintenance report
information and plans to allow the City Engineer to
(text and drawings), prepared by a registered
determine whether the project complies with the
professional engineer, describing the
requirements of this chapter. The specific items to be
activities and schedule required to operate
submitted for a permit application shall be in the form
and maintain the permitted facilities until
and follow the procedures as described in the
accepted by the city.
Drainage Criteria Manual, Section 1, Drainage Report
Checklist. Submittal information and plans shall
(Code 1991, §163.06; Ord. No. 3895, §1, 6-20-95; Ord. No.
include, but not be limited to the following:
4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord.
4920, 9-05-06)
(A) Applicant identification. Applicant information,
170.06 Submission, Review, And
including the name, address, email, and
telephone number of the owner and developer,
Approval Of Plans
and proof of ownership of the property to be
permitted. In addition, the legal description of the
(A) General. The stormwater management, drainage,
property shall be provided, and its location with
and erosion control plans shall be prepared by
reference to such landmarks as major water
the engineer of record, who is a licensed
bodies.
professional engineer of the State of Arkansas.
(B) Plan. Stormwater management, drainage and
(B) Pre -preliminary drainage plan and review. A pre -
erosion control plan, shall include, but not be
preliminary stormwater management, drainage,
limited to the following:
and erosion control plan review with the
engineering staff is suggested before platting, re -
(1) Aerial photograph. Aerial photograph of the
plats, lot splits, building permits, and/or
project vicinity, covering the project area and
development improvements begin for the
the total lands that contribute runoff.
purpose of overall general drainage concept
review.
(2) Topographic map. Topographic map of the
project area showing the location and
(C) Preliminary storm water and drainage plan.
elevation of benchmarks, including at least
Preliminary stormwater management, drainage,
one benchmark for each control structure.
and erosion control plans and accompanying
CD170:5
Exhibit "B"
information as described in the Drainage Criteria
Manual shall be submitted at the time of the
(3) Delay project. Delaying the project until the
preliminary plat, replat, lot split, building permit ,
city is able, or willing, to share in the off -site
site improvement plan, large scale development,
costs.
and/or development improvements are
submitted. If needed, a review meeting will be
(Code 1991, §163.07; Ord. No. 3895, §1, 6-20-95; Ord. No.
scheduled by the City Engineer with a
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06)
representative of the developer, including the
engineer, to review the overall concepts included
170.07 Performance Criteria
in the preliminary stormwater management,
drainage, and erosion control plan. The purpose
(A) Storm water management, drainage, and erosion
of this review shall be to jointly agree upon an
control plan. Stormwater management, drainage,
overall stormwater management concept for the
and erosion control plans shall be prepared in
proposed development and to review criteria and
accordance with performance standards that
design parameters that shall apply to final design
have been structured to achieve the purposes
of the project.
and objectives of this chapter as well as to
ensure that the quality and quantity of runoff after
(D) Final stormwater management, drainage, and
development is not substantially altered from
erosion control plan. Following the preliminary
predevelopment conditions.
stormwater management, drainage, and erosion
control. plan review, the final stormwater
(B) Performance criteria. Except as otherwise
management drainage, and erosion control plan
provided in this chapter, a development must be
shall be prepared for each phase of the proposed
designed, constructed, operated, and maintained
project as each phase is developed. The final
to comply with the following performance criteria:
plan shall constitute a refinement of the concepts
approved in the preliminary stormwater,
(1) Flood Damage Prevention Code. Provisions
drainage, and erosion control plan, with
for floodplain management criteria shall be
preparation and submittal of detailed information
consistent with those contained in Chapter
as required in the Drainage Criteria Manual. This
168, the Flood Damage Prevention Code.
plan shall be submitted at the time construction
drawings are submitted for approval.
(2) Peak discharge. The post -development peak
rate of surface discharge must not exceed
(E) Review and approval of final stormwater
the existing discharge for the 100 year, 24
management, drainage, and erosion control
hour storm, the 10 year, 24 hour storm, and
plans. Final stormwater management, drainage,
the 2 year, 24 hour storm, unless other
and erosion control plans shall be reviewed by
discharge limits are deemed applicable for a
the City Engineer. If it is determined according to
specific site by the City Engineer.
present engineering practice that the proposed
development will provide control of stormwater
(3) Low Impact Development. Use of Low
runoff in accordance with the purposes, design
Impact Development design strategies, as
criteria, and performance standards of these
described in Chapter 179, to attenuate lesser
regulations and will not be detrimental to the
storms and more closely mimic
public health, safety, and general welfare, the
predevelopment hydrology is encouraged.
City Engineer shall approve the plan or
conditionally approve the plan, setting forth the
(4) Direct Discharge. Direct Discharge of a pipe
conditions thereof.
into streams and/or floodways is not allowed.
A stilling basin or other structure that will
(F) Off -site improvements. If it is determined that
collect sediment, trash, etc and that will
offsite drainage improvements are required, and
reduce the likelihood of erosion in the
that such specific off -site drainage improvements
receiving stream due to discharge from the
are consistent with the city's current and
pipe shall be installed at pipe discharges into
established priorities, then cost sharing will be in
streams and/or floodways.
accordance with "Required Off -site
Improvements." If the city is unable, or unwilling,
(5) Erosion and channel stability. All stormwater
to contribute its share of the off -site costs, the
management systems shall be evaluated
developer shall have the option of:
based on their ability to prevent erosion and
sedimentation of the receiving waters and
(1) Developer's expense. Building the off -site
adverse impacts on the site's natural
improvements at his/her own expense;
systems. The design engineer shall consider
the on -site and downstream effects of the
(2) Detention. Providing detention so as to
peak discharges and shall design both the
match downstream capacities; or
permanent and the construction phase of the
CD170:6
Exhibit "B"
stormwater management system in a
and sedimentation controls, and other
manner that will not increase flooding,
protective devices.
channel instability, or erosion downstream
when considered in aggregate with other
(C) Approved Entities for Perpetual Maintenance
developed properties and downstream
Agreements. All stormwater management
drainage capacities.
structures or systems approved in compliance
with this chapter but not dedicated to the City
(6) Drainage into wetlands and floodways.
shall have adequate easements to permit the city
Areas defined as "wetlands" and "floodways"
to inspect and, if necessary to take corrective
by the appropriate federal agencies shall be
action should the responsible entity fail to
protected from adverse changes in runoff
properly maintain the system. Maintenance of all
quantity and quality from associated land
other stormwater management structures and
development,
systems approved in compliance with this
chapter and not dedicated to the City shall be
(7) Drainage Criteria Manual. The technical
accomplished by the legal entity responsible for
procedures and design standards contained
maintenance, which may include an approved
in the Drainage Criteria Manual, prepared for
entity as identified in the following:
the City of Fayetteville, and adopted by this
chapter and as may be amended from time
(1) Special districts and public entities. An active
to time, shall be used for guidance to
water control district, drainage district, public
determine compliance with the performance
utility, or a special assessment district;
criteria established by this chapter.
(2) Developer or property owner. A developer or
(Code 1991, §163.08; Ord. No. 3895, §1, 6-20-95; Ord. No.
property owner who provides a Stormwater
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06)
Management Practices Maintenance
Agreement with the City; or,
170.08 Maintenance Responsibility
(3) Property owner association. Property owner
(A) Dedication. Those stormwater management
associations able to comply with the
systems approved in compliance with this
following provisions:
chapter that will function as a part of the
stormwater management conveyance system
(a) The association provides a Stormwater
shall be dedicated to the city. All areas and/or
Management Practices Maintenance
structures to be dedicated to the city must be
Agreement through which it assumes
dedicated by plat or separate instrument and
full responsibility for stormwater
accepted by the City Engineer,
management systems operation and
maintenance.
(B) Perpetual Inspections and Maintenance
Agreements. The City shall require a Stormwater
(b) The association has sufficient powers to
Management Practices Maintenance Agreement,
operate and maintain the stormwater
for systems not dedicated to the City, of all
management system, establish rules,
entities for stormwater management conveyance
assess members, contract for services,
systems and structures in the stormwater
exist perpetually and, if dissolved, to
management plan for their proposed
provide alternative operation and
development. The City shall require the following
maintenance services.
set of documents and agreements prior to
stormwater systems and structures approval:
(D) Maintenance Inspections. All privately
owned stormwater management facilities
(1) Agreement of Maintenance Responsibility,
shall be inspected near the end of the first
The owner of the property on which the
year of operation by the party designated in
stormwater systems structures have been
the Stormwater Management Practices
installed shall agree to undergo ongoing
Agreement. A subsequent inspection shall
inspections, and document maintenance and
be performed at the end of the fourth year to
repair needs.
ensure functionality and compliance.
Inspection reports shall be submitted to and
(2) Agreement to Maintain Stormwater Systems
maintained by the City Engineer for all
and Structures. The owner of the property
stormwater systems and structures.
on which stormwater systems and structures
Inspection reports for stormwater systems
have been installed shall agree to maintain
and structures shall include:
in good condition and promptly repair and
restore all grade surfaces, walls, drains,
(1) The date of the inspection;
dams and structures, vegetation, erosion
CD170:7
Exhibit "B"
(2) The name of the inspector;
(3) The condition of:
(a) Pretreatment devices.
(b) Vegetation or filter media
(c) Spillways, valves, or other control
structures.
(d) Embankments, slopes or safety
benches.
(e) Inlet and outlet channels and
structures.
(f) Sediment and debris accumulation
in storage and forebay areas.
(g) Underground drainage.
(h) Provide cross sectional data
showing the existing capacity of the
detention pond for comparison to
the minimum designed capacity in
the approved final drainage report.
Cross sectional data shall be at the
end of the fourth year. If the
designed capacity is not available
the owner shall reestablish the
original approved volume in the
final drainage report.
(i) Any other item that could affect the
proper function of the stormwater
structures or systems.
(4) Description of the needed maintenance.
(5) Description of maintenance activities
undertaken.
After the 2n° Inspection Report is received,
the City Engineer will make a determination
whether subsequent Inspection Reports will
be required to be submitted based upon the
stabilization of the site and the condition of
the stormwater systems.
(E) Right -of -Entry for Inspection. The Stormwater
Management Maintenance Agreement shall
provide for the City Engineer or designee to enter
the property at reasonable times and in a
reasonable manner for the purpose of inspecting
stormwater systems and structures.
(F) Failure to Maintain. If a responsible person fails
or refuses to meet the requirements of the
inspection and maintenance agreement the City
shall give written notice requesting corrective
action. If the conditions described in the Failure
to Maintain notice are not corrected within 10
days after such notice is given, the mayor, or his
duly authorized representative, is hereby
authorized to enter upon the property and do
whatever is necessary to correct or remove the
conditions described, in the notice. The costs of
correcting said conditions shall be charged to the
owner or owners of the property and the city shall
have a lien against such property for such costs.
(1) Enforcement of the Lien. The lien herein
provided for may be enforced and collected
in either one of the following manners:
(a) The lien may be enforced at any time
within 18 months after work has been
done, by an action in circuit court; or
(b) The amount of the lien herein provided
may be determined at a hearing before
the City Council held after 30 days
written notice by certified mail to the
owner or owners of the property, if the
name and whereabouts of the owner or
owners be known, and if the name of
the owner or owners cannot be
determined, then only after publication
of notice of such hearing in a
newspaper having a bona fide
circulation in Washington County for
one insertion per week for four
consecutive weeks; the determination
of the City Council shall be subject to
appeal by the property owner in circuit
court; and the amount so determined at
said hearing, plus ten percent penalty
for collection, shall be by the City
Council certified to the tax collector of
the county, and by him placed on the
tax books as delinquent taxes, and
collected accordingly, and the amount,
less three percent thereof, when so
collected shall be paid to the city by the
county tax collector.
(c) In case the owner of any lot or other
real property is unknown or his
whereabouts is not known or he is a
nonresident of this state, then a copy of
the written notice hereinabove referred
to shall be posted upon the premises
and before any action to enforce such
lien shall be had, the City Clerk shall
make an affidavit setting out the facts
as to unknown address or whereabouts
or non -residence, and thereupon
service of the publication as now
provided for by law against nonresident
defendants may be had, and an
attorney ad litem may be appointed to
notify the defendant by registered letter
CD170:8
Exhibit "B"
addressed to his last known place of
system, including the building, assembling,
residence if same can be found.
expansion, modification, or alteration of the
existing contours of the property; the
(G) Removal and modification of Stormwater
erection of buildings or other structures, any
Systems and Structures. Stormwater systems
part thereof; or land clearing.
and structures may only be modified or removed
with the approval of the City Engineer, who shall
(2)
Owner Responsibility. The owner of a site of
determine the whether the stormwater system or
construction activity shall be responsible for
structure does not function as a part of the
compliance with the requirements of this
stormwater management system. The applicant
chapter.
may be required to provide supporting data and
calculations that justify the removal of the
(3)
Erosion And Sediment Control. Best
stormwater systems or structures.
Management Practices (BMPs) shall be
implemented to prevent the release of
(Code 1991, §163.09; Ord. No. 3895, §1, 6-20-95; Ord. No.
airborne dust and waterborne sediment from
4100, §2 (Ex. A), 6-16-98; Ord, 4920, 9-05-06)
construction sites. Disturbed areas shall be
Cross reference(s)--Enforcement, Ch., 153; Appeals, Ch.
minimized, disturbed soil shall be managed
155, Variances, Ch. 156; Bonds and Guarantees, Ch. 158;
and construction site entrances shall be
Fees, Ch. 159.
managed to prevent sediment tracking.
Streets and storm inlets must be kept clean
170.09 Drainage Permit Processing
at all times and free of loose rock, mud,
debris and trash. Specific inlet protection
Procedure for processing of permit applications shall
measures may be necessary, as long as
be as follows:
they do not interfere with vehicular traffic.
Mud on streets must be physically removed
(A) Application. Stormwater management, drainage,
and not washed into inlets.
and erosion control permit applications shall be
submitted to the city for review, processing, and
(4)
Construction Sites Requiring Storm Water
approval. Applicants may schedule a pre-
Pollution Prevention Plans. Erosion and
application conference with the city to discuss a
sediment control systems must be installed
proposed project before submitting the
and maintained per a state approved Storm
application.
Water Pollution Prevention Plan before the
beginning of construction and until slope
(B) Fee. A nonrefundable permit application fee shall
stabilization and/or vegetation is established.
be paid when the application is submitted to help
For sites between 1 and 5 acres, the
cover the cost of the plan review, administration
SWPPP must be onsite at all times. For
and management of the permitting process and
sites over 5 acres, the NOI and the SWPPP
inspection of project implementation and
must be onsite at all times.
operation.
(5)
Construction Exits. A stabilized rock exit is
(C) Issuance. If the City Engineer determines that the
required on construction sites. Rock exits
permit application submittal is in compliance with
must be at least 20' wide by 20' long (1 & 2
all provisions of this chapter, a permit may be
family residential) or 50' long (all other
issued. If the City Engineer determines that the
construction sites) by 6" thick stabilized rock
permit submittal does not conform with all
having a minimum average diameter of 3". If
provisions of this chapter, permit issuance shall
there is an existing curb, loose material such
be denied and a written statement as to the
as fill dirt or gravel shall not be used to ramp
reasons for the denial shall be provided to the
up to it from the street. Temporary wooden
applicant,
ramps in front of curbs are acceptable.
(Code 1991, §163.10; Ord. No. 3895, §1, 6-20-95; Ord. No.
(6)
Concrete Truck Wash Areas. No washing of
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06)
concrete trucks or chutes is allowed except
in specific concrete wash pits located onsite.
170.10 Stormwater Discharges From
Proper runoff and erosion controls must be
Construction Activities
in place to retain all concrete wash water.
(7)
Dewatering. All rainwater pumped out of
(A) General Requirements for Construction Sites.
sumps and depressions on construction sites
should be clear and free of sediment, and
(1) Construction Site. A construction site is a
must discharge to a sedimentation pond,
site with activity that would result in the
sediment bag, or settling tank in such a
creation of a new stormwater management
CD170:9
Exhibit "B"
manner as to not cause additional erosion
responsible for continued compliance with
problems.
the requirements of this chapter in the
course of maintenance, reconstruction or
(8) Storage of Materials. Public streets and
any other construction activity on the site.
sidewalks shall not be used for temporary
storage of any containers or construction
(B) Construction Sites Requiring an Approved
materials, especially loose gravel and
Storm water Pollution Prevention Plan (SWPPP).
topsoil. In addition to on -street storage
For all construction sites where construction on a
being a violation of this chapter, all liability
site will disturb soil or remove vegetation on one
for any accidents and/or damages due to
(1) or more acres of land during the life of the
such storage will be the responsibility of the
construction project, a Stormwater Pollution
owner of the stored materials.
Prevention Plan (SWPPP) for the project must be
implemented by the construction site owner as
(9) Dirt and Topsoil Storage. All storage piles of
follows:
soil, dirt or other building materials (e.g.
sand) shall be located more than 25 feet
(1) The site owner bears the responsibility for
from a roadway, drainage channel or stream
implementation of the SWPPP and
(from top of bank), wetland, and stormwater
notification of all contractors and utility
facility. The City Engineer may also require
agencies on the site.
storage piles to be located up to fifty (50)
feet from a drainage channel or stream, as
(C) Stormwater Pollution Prevention Plans.
measured from the top of the bank to the
Preparation and implementation of Stormwater
stockpile, for established TMDL water
Pollution Prevention Plans for construction
bodies; streams listed on the State 303(d)
activity shall comply with the following:
list; an Extraordinary Resource Water,
Ecologically Sensitive Waterbody, and/or
(1) Implementation
Natural and Scenic Waterbody, as defined
by Arkansas Pollution Control and Ecology
(a) Installation and Maintenance. BMPs
Commission Regulation No. 2; and/or any
shall be installed and maintained by
other uses at the discretion of the City
qualified persons. The owner or their
Engineer,
representative shall provide upon the
City Engineer's request a copy of the
Topsoil piles surfaces must be immediately
SWPPP d on site and shall be preparan to
stabilized with appropriate stabilization
respond fo maintenance
measures. Stabilization practices may
nt ecific
requirements of specific BMPs.
include: temporary seeding (i.e. annual rye
or other suitable grass), mulching, and other
(b) A0 qualified inspector (provided by the
appropriate measures. Sediment control
owner/developer/obuilder) ten shall inspect
measures such as silt fence shall be
ea areas the site
osof
and
provided immediately for stockpiles and
areas for storage of mat rials
and used
remain in place until other stabilization is in
that
that are exposed toprecipitation that
place. Storm drain inlets must be protected
have been finally stabilized, and
from potential sedimentation from storage
locations where eor
piles by silt fence or other appropriate
the site. BMPs must observed to
must bes os to
barriers.
ensure proper operation. Inspectors
must inspect for evidence of, or the
(10) Franchise and Private Utilities. The property
for, pollutants entering the
owner or main contractor onsite will be
stpotential
ormaon usce spetem.
responsible for restoring all erosion and
must
Discharge locations be inspectedar
sediment control systems and public
whether BMPs are
tdetermine B
infrastructure damaged or disturbed by
effective in preventing nt
underground private or franchise utility
State,swhere
to of wheys
impacts watersthe
construction such as water and sewer
accessible. Where discharge locations
service leads, telephone, gas, cable, etc.
inaccessible, downstream
Erosion and sediment control systems must
smtnearby
locare
must bh inspected to the
be immediately restored after each utility
such
extent that inspections are
extent
construction.
practicable. The inspections must be
conducted at least once every seven (7)
(11) Post -Construction Compliance. Upon
calendar days and nrs of the
completion of permitted construction activity
that 0.54 inches or
end of a storm tuis
on any site, the property owner and
atthe
greater as site or
re
subsequent property owners will be
r in the
generally reported in vicinity of the
CD170:10
Exhibit "B"
site. A rain gauge must be maintained
(4) Prior to entering a construction site or
on -site.
subdivision development, utility agencies
shall have obtained from the owner a copy of
A report shall be prepared for each
any SWPPPs for the project. Any
inspection summarizing the scope of the
disturbance to BMPs resulting from utility
inspection; name(s), title(s) and
construction shall be repaired immediately
qualifications of personnel making the
by the utility company in compliance with the
inspection; the date of the inspection;
SWPPP.
amount of rainfall and days since last
rain event, BMPs on -site; observations
(Ord. 4920, 9-05-06)
relating to whether BMPs are in working
order and whether maintenance is
170.11 Preliminary Plat, Lot
required (when scheduled and
Requirements
completed); the locations and dates
when major construction activities begin,
occur, or cease; and the signature of the
(A) Preliminary Plats. Preliminary Plats shall include
inspector. The reports shall be retained
a master drainage plan for each lot related to the
as part of the stormwater pollution
proposed infrastructure and adjacent lots.
prevention plan for at least three (3)
years from the date the site is finally
(B) Preliminary Plats for Residential Subdivisions.
stabilized and shall be made available
Preliminary Plats for residential subdivisions shall
upon request to the City.
provide detailed drainage information including
flow arrows and design spot elevations including
(c) Modifications. Based on inspections
the proposed finish floor elevation meeting the
performed by the owner or by
Arkansas Fire Prevention Code for building
authorized City personnel, modifications
safety regulations for positive drainage of each
to the SWPPP will be necessary if at
lot.
any time the specified BMPs do not
meet the objectives of this chapter. In
(C) Rear lot drainage easements. Rear lot drainage
this case, the owner/developer/builder
easements for nonstructural grassed swales shall
or authorized representative shall meet
not overlap utility easements with above ground
with authorized City personnel to
structures, ie, electric transformers, gas meters,
determine the appropriate modifications.
communication junctions, etc.
All modifications shall be completed
within seven (7) days of the referenced
(D) Final Plat. The Final Plat shall include the
inspection, except in circumstances
approved master drainage plan to be filed as a
necessitating more timely attention, and
supplemental document. The scale shall be
shall be recorded on the owner's copy of
legible and approved by the City Engineer.
the SWPPP.
170.121 & 2 Family Residential
(D) Requirements for Utility Construction
Requirements
(1) Utility agencies shall be responsible for
compliance with the requirements this
chapter.
(2) Utility agencies shall develop and implement
Best Management Practices (BMPs) to
prevent the discharge of pollutants on any
site of utility construction within the City. In
addition, the City may adopt and impose
BMPs on utility construction activity.
(3) Utility agencies shall implement BMPs to
prevent the release of sediment from utility
construction sites. Disturbed areas shall be
minimized, disturbed soil shall be managed
and construction site entrances shall be
managed to prevent sediment tracking.
Excessive sediment tracked onto public
streets shall be removed immediately.
(A) 1 &2 Family Residential and Sites under One
Acre. All residential lots must maintain properly
installed erosion and sediment control measures
from the beginning of construction until slope
stabilization and/or vegetation is established in
order to prevent silt and sediment from going
offsite or into the street.
(B) A building permit application shall contain
sufficient site drainage information to determine
whether the project complies with the
requirements of this chapter.
(C) If the Final Plat of the Subdivision, in which the
proposed building is located, includes an
approved master drainage plan, this plan shall be
included in the building permit application and the
individual lot drainage plan shall follow the
master drainage plan.
CD170:11
Exhibit "B"
170.13 Stormwater Pollution Prevention
(A) Prohibitions
(1) Illicit discharges are prohibited. An illicit
discharge is a storm drain that has
measurable flow containing pollutants and/or
pathogens. No person shall discharge
anything but uncontaminated stormwater,
into the storm drainage system. Common
stormwater contaminants include trash, yard
waste, wastewater, oil, petroleum products,
cleaning products, paint products, hazardous
waste and sediment.
(2) Illicit connections are prohibited. Illicit
connections are any drain or conveyance
which allows an illicit discharge to enter the
storm drainage system. This prohibition
includes illicit connections made in the past,
regardless of whether the connection was
permissible at the time of connection.
(3) No person shall connect a line conveying
sanitary sewage, domestic sewage or
industrial waste, to the storm drainage
system, or allow such a connection to
continue.
(B) Exemptions. The following non-stormwater
discharges are acceptable and not a violation of
this chapter:
(1) A discharge authorized by an NPDES permit
other than the NPDES permit for discharges
from the MS4;
(2) Uncontaminated waterline flushing and other
infrequent discharges from potable water
sources;
(3) Infrequent uncontaminated discharge from
landscape irrigation or lawn watering;
(4) Discharge from the occasional non-
commercial washing of vehicles within zoned
residential areas;
(5) Uncontaminated discharge from foundation,
footing or crawl space drains, sump pumps
and air conditioning condensation drains;
(6) Uncontaminated groundwater;
(7) Diverted stream flows and natural riparian
habitat or wetland flows;
(8) A discharge or flow of fire protection water
that does not contain oil or hazardous
substances or materials.
(9) Any other non-stormwater discharge
determined by the City Engineer to meet the
standards and objectives of this chapter.
(C) Requirements Applicable to Certain Discharges
(1) Private Drainage System Maintenance. The
owner of any private drainage system shall
maintain the system to prevent or reduce the
discharge of pollutants. This maintenance
shall include, but is not limited to, sediment
removal, bank erosion repairs, maintenance
of vegetative cover, and removal of debris
from pipes and structures.
(2) Minimization of Irrigation Runoff.
Concentrated flow of irrigation water to the
storm drainage system is prohibited.
Irrigation systems shall be managed to
reduce the discharge of water from a site.
(3) Cleaning of Paved Surfaces Required. The
owner of any paved parking lot, street or
drive shall clean the pavement as required to
prevent the buildup and discharge of
pollutants. The visible buildup of mechanical
fluid, waste materials, sediment or debris is a
violation of this chapter. Paved surfaces
shall be cleaned by dry sweeping, wet
vacuum sweeping, collection and treatment
of wash water or other methods in
compliance with this Code. Material shall not
be swept or washed into the storm drainage
system. This section does not apply to
pollutants discharged from construction
activities.
(4) Maintenance of Equipment. Any leak or spill
related to equipment maintenance in an
outdoor, uncovered area shall be contained
to prevent the potential release of pollutants.
Vehicles, machinery and equipment must be
maintained to reduce leaking fluids.
(5) Materials Storage. In addition to other
requirements of this Code, materials shall be
stored to prevent the potential release of
pollutants. The uncovered, outdoor storage
of unsealed containers of hazardous
substances is prohibited.
(6) Pesticides, Herbicides and Fertilizers.
Pesticides, herbicides and fertilizers shall be
applied in accordance with manufacturer
recommendations and applicable laws.
Excessive application shall be avoided.
(7) Open Drainage Channel Maintenance. Every
person owning or occupying property
through which an open drainage channel
passes shall prevent trash, debris, excessive
CD170:12
Exhibit "B"
vegetation, and other obstacles from their
property from entering the drainage channel.
(D) Release Reporting and Cleanup. Any person
responsible for a release of materials which are
or may result in illicit discharges to the storm
drainage system shall take all necessary steps to
ensure the discovery, containment, abatement
and cleanup of such release. In the event of such
a release of a hazardous material, said person
shall comply with all state, federal, and local laws
requiring reporting, cleanup, containment, and
any other appropriate remedial action in
response to the release.
(E) Authorization to Adopt and Impose Best
Management Practices. The City may adopt and
impose a Best Management Practices Manual
and requirements identifying Best Management
Practices for any activity, operation, or facility,
which may cause a discharge of pollutants to the
storm drainage system. Where specific BMPs
are required, every person undertaking such
activity or operation, or owning or operating such
facility shall implement and maintain these BMPs
at their own expense.
(Ord. No. 4855, 4-18-06; Ord. 4920, 9-05-06)
170.14-170.99 Reserved
CD170:13
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
July 6, 2010
City Council Meeting Date
Sarah Wrede
Submitted By
Engineering Development Services
Division Department
Action Kel
An ordinance to revise UDC Chapter 169 Physical Alteration
Drainage and Erosion Control
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item X
n/a
Category I Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
Date
6'u"Ib
Date
(U— %^?,2-2D10
Finance and Internal Service Director Date
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office l/w"
06-17-10P03:10 RCVD
Received in Mayor's Office ENT�REp
22
= t4:C_. S 0 L.4grA „ Cxt i A.6Rd Esc4...:.rfk
THE CITY OF FAYETTEVILLE, ARKANSAS
CITY COUNCIL AGENDA MEMO Council Meeting of July 6, 2010
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer b
From: Sarah Wrede, Staff Engineer
Date: June 10, 2010
Subject: An ordinance to revise UDC Chapter 169 Physical Alteration of Land and Chapter 170
Stormwater Management, Drainage and Erosion Control
PROPOSAL
City Engineering staff has prepared revisions to Chapters 169 and 170 of the City's Unified Development Code.
The Proposed code changes will 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 the location of dirt and topsoil
storage and define stabilization practices for dirt and topsoil storage, define a qualified inspector for erosion and
sediment control BMPs, and require site plans for 1&2 family residences to contain a plan for erosion and
sediment control and final on -site drainage. A summary of the major points of revision for each chapter is
attached along with the complete revised ordinance.
The proposed revisions are driven by the following four objectives:
• The Nutrient Reduction Plan, completed by the City based on the 2006 Agreement between the City and
Beaver Water District, recommended certain revisions to Chapter 169 and 170 of the UDC.
• The City's Arkansas Department of Environmental Quality NPDES General Permit No. ARR040000
requires the City to be as strict as or stricter than the requirements of the Arkansas Department of
Environmental Quality NPDES General Permit No. ARR150000 — Construction General Permit.
• The City's Arkansas Department of Environmental Quality NPDES General Permit No. ARR040000
requires post -construction stormwater management to minimize water quality impacts and ensure the
long-term operation and maintenance of selected Best Management Practices.
• Staff seeks to address and plan for the drainage of residential lots before homes are constructed. Repairs
to alleviate drainage problems can be costly to both the City and home owner.
These ordinance revisions were reviewed by the Planning Commission on May 10, 2010. The Planning
Commission forwarded ADM 10-3571 to City Council with a recommendation for approval. Planning
Commission meeting minutes are attached. In addition to review by the Planning Commission, the proposed
revisions were posted on the City's website and were sent by email to Planning's development community
THE CITY OF FAYETTEVILLE, ARKANSAS
email list. No comments were received from the public or development community in response to the web
posting or email.
RECOMMENDATION
Staff and Planning Commission recommend approval of revisions to UDC Chapter 169 Physical Alteration of
Land and Chapter 170 Stormwater Management, Drainage and Erosion Control.
BUDGET IMPACT
The proposed ordinance amendments will cause no budget impact.
Planning Commission
May 10, 2010
Page 1 of 9
MINUTES OF A MEETING OF THE
PLANNING COMMISSION
A regular meeting of the Fayetteville Planning Commission was held on May 10, 2010 at 5:30 p.m.
in Room 219, City Administration Building in Fayetteville, Arkansas.
ITEMS DISCUSSED
Consent:
MINUTES: April 26, 2010
Page 3
New Business:
ACTION TAKEN
Approved
ADM 10-3561: (UDC AMENDMENT CH. 151 DEFINITIONS AND CH. 164
SUPPLEMENTARY DISTRICT REGULATIONS)
Page 4 Forwarded
ADM 10-3567: (UDC AMENDMENT CH. 171 STREETS AND SIDEWALKS)
Page 5 Tabled
ADM 10-3568: (UDC AMENDMENT CH. 177 LANDSCAPE REGULATIONS)
Page 7 Forwarded
ADM 10-3571: (UDC AMENDMENT CH. 169 PHYSICAL ALTERATION OF LAND AND
CH. 170 STORMWATER MANAGEMENT, DRAINAGE, AND EROSION CONTROL)
Page 8 Forwarded
ADM 10-3559: (WEIR ROAD EXTENSION) RECONSIDERATION
Page 9 Approved
Planning Commission
May 10, 2010
Page 8 of 9
ADM 10-3571: Administrative Item (UDC AMENDMENT CH. 169 PHYSICAL ALTERATION OF
LAND AND CH. 170 STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL):
Submitted by CITY ENGINEERING STAFF for revisions to Fayetteville Unified Development Code, Chapter
169 Physical Alteration of Land and Chapter 170 Stormwater Management, Drainage and Erosion Control.
The proposed code changes will 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 the location of dirt and
topsoil storage and define stabilization practices for dirt and topsoil storage, define a qualified inspector for
erosion and sediment control BMPs, and require site plans for 1- and 2 -family residences to contain a plan for
erosion and sediment control and final on -site drainage.
Sarah Wrede, Floodplain Administrator gave the staff report.
Public comment
Brian Teague, Community by Design, believes that the ordinance will work hand in hand with the recently
adopted LID and promotes compact urban design envisioned by City Plan 2025.
Garland Hill asked why the ordinance is limited to 20 acres or larger.
Commissioner Cabe asked staff to address Mr. Hill's question
Glenn Newman, staff engineer, explained that the recommended size is related to sequencing phases.
Commissioner Hoskins and Newman discussed the issue and history of rear lot drainage for clarification and
the issue of sediment in the street. Commissioner Hoskins stated that he does not support holding smaller
development to the same standards as large developments.
Commissioner Chesser stated that the larger developments are held to a higher standard than the smaller
developments and does not agree that they should be held to different standards.
Commissioner Cabe asked for clarification of the differences between the existing requirements and the new
requirements.
Wrede explained that the code is intended to clarify the approved method of debris removal from the street in
order to prevent sedimentary materials from reaching streams and that ADEQ regulate single-family
construction when the lot is part of a larger development plan.
Commissioner Chesser and Newman discussed single-family residential safety railing requirements for
clarification.
Motion:
Commissioner Kennedy made a motion to forward the item to the City Council with a recommendation of
approval. Commissioner Chesser seconded the motion. Upon roll call the motion to forward was
approved with a vote of 6-1-0 with Commissioner Hoskins voting "no."
THE CITY OF FAYETTEVILLE, ARKANSAS
ENGINEERING DIVISION
125 West Mountain
Fayetteville, AR 72701
Phone (479)444-3443
TO: Fayetteville City Council, meeting of July 6, 2010
FROM: Sarah Wrede, Staff Engineer
THRU: Jeremy Pate, Development Services Director
Chris Brown, City Engineer
DATE: May 4, 2010
RE: Summary of Proposed Revisions to CHAPTER 169: PHYSICAL ALTERATION OF LAND
Staff is proposing revisions throughout CHAPTER 169: PHYSICAL ALTERATION OF LAND. Please view the draft
ordinance for complete revisions. The retaining wall diagrams on pages 9 and 10 have been completely revised. The
major points of revision to CHAPTER 169: PHYSICAL ALTERATION OF LAND are summarized below:
Stabilization
169.04 Minimal Erosion Control Requirements, Section B
• Existing to Remove: Stabilization. All graded and otherwise disturbed areas shall be stabilized within 15 days
immediately after the grading or disturbance has been completed. Stabilization methods such as baled straw,
filter fabric, ditch checks, diversion ditches, brush barriers, sediment basins, matting, mulches, grasses and
groundcover shall be used.
Replace With: A record of the dates when grading activities occur, when construction activities temporarily or
permanently cease on a portion of the site, and when stabilization measures are initiated shall be included in the
erosion and sediment control plan. Except as provided in (1) and (2) below, stabilization measures shall be
initiated as soon as practicable in portions of the site where construction activities have temporarily or
permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has
temporarily or permanently ceased.
(1) Where the initiation of stabilization measures by the 14th day after construction activity temporarily or
permanently ceases is precluded by snow cover, stabilization measures shall be initiated as soon as practicable.
(2) Where construction activity will resume on a portion of the site within 21 days from when activities ceased,
(e.g. the total time period that construction activity is temporarily ceased is less than 21 days) then stabilization
measures do not have to be initiated on that portion of the site by the 14`h day after construction activity
temporarily ceased
Stabilization practices may include: temporary seeding, permanent seeding, mulching, geotextiles, sod
stabilization, vegetative buffer strips, protection of trees, and preservation of mature vegetation and other
appropriate measures.
Reasons for revision: This is a recommendation from the Nutrient Reduction Plan and it conforms to the
Arkansas Department of Environmental Quality NPDES General Permit No. ARRI 50000 — Construction General
Permit. The "record of dates" will also allow the City's inspectors to more effectively enforce these requirements.
Debris, mud, and soil in public streets
• 169.04 Minimal Erosion Control Requirements, Section (F)
• Existing to Remove: Removal of mud/dirt from public streets. Any debris, soil, or mud from development sites
reaching a public street shall be immediately removed.
Telecommunications Device for the Deaf TOO (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
THE CITY OF FAYETTEVILLE, ARKANSAS
• Replace With: Debris, mud, and soil in public streets. Debris, mud and soil shall not be allowed on public streets
but if any debris, mud, or soil from development sites reaches the public street it shall be immediately removed
via sweeping or other methods of physical removal. Debris, mud, or soil in the street may not be washed off the
street or washed into the storm drainage system. Storm drainage systems downstream of a development site
should be protected from debris, mud, or soil in the event that debris, mud, or soil reaches the drainage system.
• Reasons for revision: This revision expands and clarifies the City's requirements to comply with the Arkansas
Department of Environmental Quality NPDES General Permit No. ARR1 50000 — Construction General Permit.
Phased Construction
• 169.06 Land Alteration Requirements, Section (F) (2)
• New Language: Phased Construction. The area of disturbance onsite at any one time shall be limited to 20
acres. An additional 20 acres (a maximum of 40 acres of disturbance at any one time) may be stripped with the
permission of the City Engineer in order to balance cut and fill onsite. No additional area may be open without the
permission of the City Engineer until the previously disturbed areas have been temporarily or permanently
stabilized.
• Reasons for revision: This is a recommendation from the Nutrient Reduction Plan. This is not currently an
ADEQ Construction General Permit requirement.
Ton Soil
• 169.06 Land Alteration Requirements, Section (F) (3 and 5)
• Existing to Remove: Top soil. Top soil shall be stockpiled and protected for later use on areas requiring
landscaping. If top soil or other soil is to be stockpiled for more than 30 days, a temporary cover of annual rye or
other suitable grass shall be planted.
Replace With: Stockpiling of top soil. Top soil shall be stockpiled and protected for later use on areas requiring
landscaping. All storage piles of soil, dirt or other building materials (e.g. sand) shall be located more than 25 feet
from a roadway, drainage channel or stream (from top of bank), wetland, and stormwater facility. The City
Engineer may also require top soil stockpiles to be located up to fifty (50) feet from a drainage channel or stream,
as measured from the top of the bank to the stockpile, for established TMDL water bodies; streams listed on the
State 303(d) list; an Extraordinary Resource Water, Ecologically Sensitive Waterbody, and/or Natural and Scenic
Waterbody, as defined by Arkansas Pollution Control and Ecology Commission Regulation No. 2; and/or any
other uses at the discretion of the City Engineer.
Topsoil piles surfaces must be immediately stabilized with appropriate stabilization measures. Stabilization
practices may include: temporary seeding (i.e. annual rye or other suitable grass), mulching, and other
appropriate measures. Sediment control measures such as silt fence shall be provided immediately for stockpiles
and remain in place until other stabilization is in place. Storm drain inlets must be protected from potential
sedimentation from storage piles by silt fence or other appropriate barriers.
Re -vegetation. Re -vegetation shall be required to meet the following performance standards (sediment controls
shall remain in place until re -vegetation is established) unless otherwise allowed by the City Engineer:
(a) Topsoil. A minimum of 4 inches of topsoil shall be required to be either existing or installed in areas to be re -
vegetated. Any application of topsoil and seeding under the drip line of a tree should be minimized to 3
inches so as not to damage the trees root system.
(b) Zero to 10% grade: Re -vegetation shall be a minimum of seeding and mulching. Said seeding shall provide
complete and uniform coverage that minimizes erosion and runoff in no more than two growing seasons.
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701
THE CITY OF FAYETTEVILLE, ARKANSAS
(c) 10:1 up to 4:1 grade: Re -vegetation shall be a minimum of hydro -seeding with mulch and fertilizer, sod, or
groundcover. Said planting shall provide complete and uniform coverage in no more than two growing
seasons.
(d) 4:1 to 3:1 grade: The slope shall be covered with landscape fabric and hydro -seeded with mulch and
fertilizer, or staked sod, or groundcover. Said planting shall provide complete and uniform coverage in no
more than two growing seasons.
(e) More than 3:1 grade: Any finish grade over 3: shall be stabilized with one or more of the following:
1) Retaining walls;
2) Cribbing with landscape fabric;
3) Terracing with groundcover;
4) Riprap;
5) Staked Sod (up to 2:1 slope)
If Cribbing, Terracing, or Riprap is used, the slope's stability and erodibility must be equivalent to or better
than its predevelopment state.
• Reasons for revision: This is a recommendation from the Nutrient Reduction Plan and conforms with the
Arkansas Department of Environmental Quality NPDES General Permit No. ARR150000 — Construction General
Permit. The re -vegetation section is recommended by staff for clarification of existing policy.
Preliminary Plat Master Build -Out Grading Plan
• 169.07 Grading Plan Specifications, Section (A) (18)
• New Language: Preliminary plat master build -out grading plan. The applicant shall prepare a master grading
plan to be followed during individual lot development to convey runoff to a public drainage easement or right of
way. In addition to the requirements of 169.07 A, the following shall be required for individual lot drainage design:
a. Identify lot lines and conceptual foot print of residence.
b. Establish the minimum finish floor and grading adjacent to the residential structure in accordance with
Chapter 173 Building Regulations and the Arkansas Fire Prevention Code.
c. Indicate individual lot drainage with the use of spot elevations and flow arrows.
i. The minimum slope of the flow path from the top of curb, top bank, or approved drainage inlet to
the high point of the final graded lot shall be at a minimum of 2% for grassed surfaces.
ii. In general, drainage should be routed on the shortest practicable flow path to the public right of way
or drainage easement.
d. Non structural grassed swales for rear lot drainage concentration is discouraged and shall not be installed
in combination with a utility easement.
e. Utility Easements shall be graded and shaped in accordance with the master build -out grading plan
during preliminary plat construction.
i. Provisions will be considered to accommodate positive drainage until build -out occurs.
• Reasons for revision: This section is recommended by staff in an effort to address and plan for the drainage of
residential lots before homes are constructed after which repairs to alleviate drainage problems can be costly to
both the City and home owner.
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
THE CITY OF FAYETTEVILLE, ARKANSAS
Submission of Stormwater Pollution Prevention Plan
• 169.08 Grading Plan Submittal, Section (C)
• New Language: A copy of the Stormwater Pollution Prevention Plan (SWPPP) is required to be submitted with
the grading plan for sites one acre or larger.
• Reasons for revision: This recommendation conforms to the Arkansas Department of Environmental Quality
NPDES General Permit No. ARR150000 — Construction General Permit.
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain- Fayetteville, AR 72701
THE CITY OF FAYETTEVILLE, ARKANSAS
ENGINEERING DIVISION
125 West Mountain
Fayetteville, AR 72701
Phone (479)444-3443
TO: Fayetteville City Council, meeting of July 6, 2010
FROM: Sarah Wrede, Staff Engineer
THRU: Jeremy Pate, Development Services Director
Chris Brown, City Engineer
DATE: May 4, 2010
RE: Summary of Proposed Revisions to CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND
EROSION CONTROL
Staff is proposing revisions throughout CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND EROSION
CONTROL. Please view the draft ordinance for complete revisions. The major points of revision to CHAPTER 170:
STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL are summarized below:
Low Impact Development
• 170.07 Performance Criteria, Section (B) (3)
• New Language: Low Impact Development. Use of Low Impact Development design strategies, as described in
Chapter 179, to attenuate lesser storms and more closely mimic predevelopment hydrology is encouraged.
Direct Discharge
• 170.07 Performance Criteria, Section (B) (4)
• New Language: Direct Discharge. Direct Discharge of a pipe into streams and/or floodways is not allowed. A
stilling basin or other structure that will collect sediment, trash, etc and that will reduce the likelihood of erosion in
the receiving stream due to discharge from the pipe shall be installed at pipe discharges into streams and/or
floodways.
• Reasons for revision: This Best Management Practice supports the City's Arkansas Department of
Environmental Quality NPDES General Permit No. ARR040000, Post -Construction Stormwater Management goal
to minimize water quality impacts.
Maintenance Responsibility
• 170.08 Maintenance Responsibility, Sections (A — G)
• New Language: (A) Dedication. Those stormwater management systems approved in compliance with this chapter that will
function as a part of the stormwater management conveyance system shall be dedicated to the city. All areas and/or structures
to be dedicated to the city must be dedicated by plat or separate instrument and accepted by the City Engineer.
(B) Perpetual Inspections and Maintenance Agreements. The City shall require a Stormwater Management Practices
Maintenance Agreement, for systems not dedicated to the City, of all entities for stormwater management conveyance
systems and structures in the stormwater management plan for their proposed development. The City shall require the
following set of documents and agreements prior to stormwater systems and structures approval:
(1) Agreement of Maintenance Responsibility. The owner of the property on which the stormwater systems structures have
been installed shall agree to undergo ongoing inspections, and document maintenance and repair needs.
(2) Agreement to Maintain Stormwater Systems and Structures. The owner of the property on which stormwater systems and
structures have been installed shall agree to maintain in good condition and promptly repair and restore all grade
surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective
devices.
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THE CITY OF FAYETTEVILLE, ARKANSAS
(C) Approved Entities for Perpetual Maintenance Agreements. All stormwater management structures or systems approved in
compliance with this chapter but not dedicated to the City shall have adequate easements to permit the city to inspect and, if
necessary to take corrective action should the responsible entity fail to properly maintain the system. Maintenance of all other
stormwater management structures and systems approved in compliance with this chapter and not dedicated to the City shall
be accomplished by the legal entity responsible for maintenance, which may include an approved entity as identified in the
following:
(1) Special districts and public entities. An active water control district, drainage district, public utility, or a special assessment
district;
(2) Developer or property owner. A developer or property owner who provides a Stormwater Management Practices
Maintenance Agreement with the City; or,
(3) Property owner association. Property owner associations able to comply with the following provisions:
(a) The association provides a Stormwater Management Practices Maintenance Agreement through which it assumes
full responsibility for stormwater management systems operation and maintenance.
(b) The association has sufficient powers to operate and maintain the stormwater management system, establish rules,
assess members, contract for services, exist perpetually and, if dissolved, to provide alternative operation and
maintenance services.
(D) Maintenance Inspections. All privately owned stormwater management facilities shall be inspected near the end of the first
year of operation by the party designated in the Stormwater Management Practices Agreement. A subsequent inspection
shall be performed at the end of the fourth year to ensure functionality and compliance. Inspection reports shall be submitted
to and maintained by the City Engineer for all stormwater systems and structures. Inspection reports for stormwater systems
and structures shall include:
(1) The date of the inspection;
(2) The name of the inspector,
(3) The condition of:
(a) Pretreatment devices.
(b) Vegetation or filter media
(c) Spillways, valves, or other control structures.
(d) Embankments, slopes or safety benches.
(e) Inlet and outlet channels and structures.
(f) Sediment and debris accumulation in storage and forebay areas.
(g) Underground drainage.
(h) Provide cross sectional data showing the existing capacity of the detention pond for comparison to the minimum
designed capacity in the approved final drainage report. Cross sectional data shall be at the end of the fourth year. If
the designed capacity is not available the owner shall reestablish the original approved volume in the final drainage
report.
(i) Any other item that could affect the proper function of the stormwater structures or systems.
(4) Description of the needed maintenance.
(5) Description of maintenance activities undertaken.
After the 2"° Inspection Report is received, the City Engineer will make a determination whether subsequent Inspection
Reports will be required to be submitted based upon the stabilization of the site and the condition of the stormwater systems.
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THE CITY OF FAYETTEVILLE, ARKANSAS
(E) Right -of -Entry for Inspection. The Stormwater Management Maintenance Agreement shall provide for the City Engineer or
designee to enter the property at reasonable times and in a reasonable manner for the purpose of inspecting stormwater
systems and structures. ,
(F) Failure to Maintain. If a responsible person fails or refuses to meet the requirements of the inspection and maintenance
agreement the City shall give written notice requesting corrective action. If the conditions described in the Failure to Maintain
notice are not corrected within 10 days after such notice is given, the mayor, or his duly authorized representative, is hereby
authorized to enter upon the property and do whatever is necessary to correct or remove the conditions described, in the
notice. The costs of correcting said conditions shall be charged to the owner or owners of the property and the city shall have
a lien against such property for such costs.
(1) Enforcement of the Lien. The lien herein provided for may be enforced and collected in either one of the following
manners:
(a) The lien may be enforced at any time within 18 months after work has been done, by an action in circuit court; or
(b) The amount of the lien herein provided may be determined at a hearing before the City Council held after 30 days
written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owner or
owners be known, and if the name of the owner or owners cannot be determined, then only after publication of notice
of such hearing in a newspaper having a bona fide circulation in Washington County for one insertion per week for
four consecutive weeks; the determination of the City Council shall be subject to appeal by the property owner in
circuit court; and the amount so determined at said hearing, plus ten percent penalty for collection, shall be by the
City Council certified to the tax collector of the county, and by him placed on the tax books as delinquent taxes, and
collected accordingly, and the amount, less three percent thereof, when so collected shall be paid to the city by the
county tax collector.
(c) In case the owner of any lot or other real property is unknown or his whereabouts is not known or he is a nonresident
of this state, then a copy of the written notice hereinabove referred to shall be posted upon the premises and before
any action to enforce such lien shall be had, the City Clerk shall make an affidavit setting out the facts as to unknown
address or whereabouts or non -residence, and thereupon service of the publication as now provided for by law
against nonresident defendants may be had, and an attorney ad litem may be appointed to notify the defendant by
registered letter addressed to his last known place of residence if same can be found.
(G) Removal and modification of Stormwater Systems and Structures. Stormwater systems and structures may only be modified
or removed with the approval of the City Engineer, who shall determine the whether the stormwater system or structure does
not function as a part of the stormwater management system. The applicant may be required to provide supporting data and
calculations that justify the removal of the stormwater systems or structures.
• Reasons for revision: This section supports the City's Arkansas Department of Environmental Quality NPDES
General Permit No: ARR040000, Post -Construction Stormwater Management requirement to ensure the long-
term operation and maintenance of selected BMPs.
Dirt and Topsoil Storage
• 170.10 Stormwater Discharges From Construction Activities, Section (A) (9)
Existing to Remove: Dirt and Topsoil Storage. All uncovered soil or dirt storage piles should be located more
than 25 feet from a roadway or drainage channel. If these piles remain for 15 or more days, then their surfaces
must be stabilized. If the piles will be in place for less than 15 days, then their perimeters must be surrounded by
appropriately installed erosion control devices such as silt fences or straw bales. Dirt or soil storage piles located
less than 25 feet from the road and in place for 15 or more days must be covered with tarps or other control. If the
piles will be in place for less than 15 days, then their perimeters must be surrounded by silt fence or straw bales.
Storm drain inlets must be protected from potential erosion from near -street storage piles by silt fence or other
appropriate barriers.
• Replace With: Dirt and Topsoil Storage. All storage piles of soil, dirt or other building materials (e.g. sand) shall
be located more than 25 feet from a roadway, drainage channel or stream (from top of bank), wetland, and
stormwater facility. The City Engineer may also require storage piles to be located up to fifty (50) feet from a
drainage channel or stream, as measured from the top of the bank to the stockpile, for established TMDL water
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701
THE CITY OF FAYETTEVILLE, ARKANSAS
bodies; streams listed on the State 303(d) list; an Extraordinary Resource Water, Ecologically Sensitive
Waterbody, and/or Natural and Scenic Waterbody, as defined by Arkansas Pollution Control and Ecology
Commission Regulation No. 2; and/or any other uses at the discretion of the City Engineer.
Topsoil piles surfaces must be immediately stabilized with appropriate stabilization measures. Stabilization
practices may include: temporary seeding (i.e. annual rye or other suitable grass), mulching, and other
appropriate measures. Sediment control measures such as silt fence shall be provided immediately for stockpiles
and remain in place until other stabilization is in place. Storm drain inlets must be protected from potential
sedimentation from storage piles by silt fence or other appropriate barriers.
Reasons for revision: This is a recommendation from the Nutrient Reduction Plan and conforms with the
Arkansas Department of Environmental Quality NPDES General Permit No. ARR150000 — Construction General
Permit.
Inspections
• 170.10 Stormwater Discharges From Construction Activities, Section (C) (1) (b)
• Existing to Remove: Inspection. The owner/developer/builder or their representative shall inspect all BMP's at
least once every 14 days and within 24 hours after a rainfall of one half of an inch or more as measured at the site
or generally reported in the Fayetteville area.
Replace With: A qualified inspector (provided by the owner/developer/builder) shall inspect disturbed areas of
the construction site and areas used for storage of materials that are exposed to precipitation that have been
finally stabilized, and locations where vehicles enter or exit the site. BMPs must be observed to ensure proper
operation. Inspectors must inspect for evidence of, or the potential for, pollutants entering the stormwater
conveyance system. Discharge locations must be inspected to determine whether BMPs are effective in
preventing significant impacts to waters of the State, where accessible. Where discharge locations are
inaccessible, nearby downstream locations must be inspected to the extent that such inspections are practicable.
The inspections must be conducted at least once every seven (7) calendar days and within 24 hours of the end of
a storm that is 0.5 inches or greater as measured at the site or generally reported in the vicinity of the site. A rain
gauge must be maintained on -site.
A report shall be prepared for each inspection summarizing the scope of the inspection; name(s), title(s) and
qualifications of personnel making the inspection; the date of the inspection; amount of rainfall and days since last
rain event, BMPs on -site; observations relating to whether BMPs are in working order and whether maintenance
is required (when scheduled and completed); the locations and dates when major construction activities begin,
occur, or cease; and the signature of the inspector. The reports shall be retained as part of the stormwater
pollution prevention plan for at least three (3) years from the date the site is finally stabilized and shall be made
available upon request to the City.
• Reasons for revision: This is a recommendation from the Nutrient Reduction Plan and conforms with the
Arkansas Department of Environmental Quality NPDES General Permit No. ARR1 50000 — Construction General
Permit.
Preliminary Plat. Lot Requirements
• 170.11 Preliminary Plat, Lot Requirements, Sections (A — D)
• New Language: (A) Preliminary Plats. Preliminary Plats shall include a master drainage plan for each lot related
to the proposed infrastructure and adjacent lots.
(B) Preliminary Plats for Residential Subdivisions. Preliminary Plats for residential subdivisions shall provide
detailed drainage information including flow arrows and design spot elevations including the proposed finish floor
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THE CITY OF FAYETTEVILLE, ARKANSAS
elevation meeting the Arkansas Fire Prevention Code for building safety regulations for positive drainage of each
lot.
(C) Rear lot drainage easements. Rear lot drainage easements for nonstructural grassed swales shall not
overlap utility easements with above ground structures, ie, electric transformers, gas meters, communication
junctions, etc.
(D) Final Plat. The Final Plat shall include the approved master drainage plan to be filed as a supplemental
document. The scale shall be legible and approved by the City Engineer.
• Reasons for revision: This section is recommended by staff in an effort to address and plan for the drainage of
residential lots before homes are constructed after which repairs to alleviate drainage problems can be costly to
both the City and home owner.
I & 2 Family Residential Requirements
• 170.12 1 & 2 Family Residential Requirements, Sections (A — C)
New Language: (A) 1 &2 Family Residential and Sites under One Acre. All residential lots must maintain
properly installed erosion and sediment control measures from the beginning of construction until slope
stabilization and/or vegetation is established in order to prevent silt and sediment from going offsite or into the
street.
(B) A building permit application shall contain sufficient site drainage information to determine whether the project
complies with the requirements of this chapter.
(C) If the Final Plat of the Subdivision, in which the proposed building is located, includes an approved master
drainage plan, this plan shall be included in the building permit application and the individual lot drainage plan
shall follow the master drainage plan.
• Reasons for revision: This section is recommended by staff in an effort to address and plan for the drainage of
residential lots before homes are constructed after which repairs to alleviate drainage problems can be costly to
both the City and home owner.
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ORDINANCE NO.
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 6th day of July, 2010.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
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................................................................................................. 5
169.06 LAND ALTERATION REQUIREMENTS ..................... .... .............. ....................................5
169.07 GRADING PLAN SPECIFICATIONS .................. ............................... .........................11
169.08 GRADING PLAN SUBMITTAL ................... .................... ......................... .................12
169.09 MINOR MODIFICATIONS ................................... ..... ....................................................12
169.10 APPROVAL ................................ ................................................................................12
169.11 DISCOVERY OF HISTORIC RES .................................................................12
169.12 CERTIFICATE OF OCCUPANCY....................................................13
........ .............................................13
169.13 OWNER RESPO ......................................................................................13
169.14-169.99 RES ...........................................................................................13
CD169:1
Fayetteville Code of Ordinances
CD169:2
TITLE XV UNIFIED DEVELOPMENT CODE
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 stormw anagement, drainage and
(B) The purpose of this chapter is to control grading,
erosio permit (hereinafter referred to
clearing, filling, and cutting (or similar activities)
as a" ge permit") except as specified in
which alone or in combination cause landslides,
§1 nd §170.03(D); and
flooding, degradation of water quality, erosion
and sedimentation in storm sewer systems and
( Arkans artment of Environmental
water storage basins. It is also the intent of this
uality Storm Construction Permit and
chapter that through the implementation of the
incorporated water Pollution
guidelines and regulations contained herein, the
Prevention Plan, if by state law.
existing scenic character and quality of the
neighborhood and city as a whole not be
(4) A gr ' g permit is req the City for
diminished,
a elopment occur within the
e/Hilltop Overlay District boundaries. If
(Code 1991, §161.01; Ord. No. 3551, 6-4-91; Ord. No. 4100,
parcel of land is divided by the
§2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98) S..
llside/Hilltop Overlay District boundary,
only that portion of land lying within the
169.02 General Requirements
ry is subject to the requirements of
this er.
(A) Protection. Persons engaged in land altera
activities regulated by this ter shall to
' $ ere no grading permit is required.
measures to protect publi propertie
Gra ermits are not required for the
from damage by such
followinq.
(B) Site conditions. opment
conform to the n contours
natural drainage wa d oth�
conditions.
(C) Adja II de ents shall be
co d and . ed t adjacent
es are not un ably ed with
s waters as a resu uch ment.
Mo cifically, new d ment not
unrea impede water off from higher
propertie ay it unreaso channel water
onto lower ies.
(D) Restoration. L revegetated and
restored as close cally possible to its
original conditions s as to minimize runoff
and erosion.- are concerned. Previously forested
areas shall follow the City's Landscape Manual
for mitigation of forested areas.
(Code No. 1991, §161.02; Ord. No. 3551, 6-4-91; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord.
4855,4-18-06)
CD169:3
(1) Excavation below finish grade. Excavations
below finished grade for basements,
footings, swimming pools, hot tubs, septic
systems, retaining walls under 4 feetin
height, and like structures authorized by a
valid building permit.
(2) Cemetery graves. Cemetery graves.
(3) Refuse disposal. Refuse disposal sites
controlled by other regulations.
(4) Single-family/duplex. Construction of one
single-family residence, or duplex not
located within the 100 year flood plain, the
Hillside/Hilltop Overlay District, or on a slope
15 % or greater.
(5) Building additions. Building additions of less
than 2,000 square feet where associated
land alteration activities are not beyond the
scope of what is necessary to construct said
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
Fayetteville Code of Ordinances
plan, endorsed by a registered architect,
landscape architect, or engineer, is approved by
the City Engineer. A separate permit shall be
required for each site; it may cover both
excavations and fills. Grading permits may be
issued jointly for parcels of land that are
contiguous, so long as erosion control measures
are in place until project completion. Any
application for a required grading permit under
this chapter shall be submitted concurrently with
the application and calculations for a drainage
permit if such a drainage permit is required by
§170.03., coordination with Chapter 167. Tree
Preservation and Protection is required.
(D) Permit posted. A copy of the grading permit
cover page shall be posted at or near the street
right-of-way line and shall be clearly visible from
the street.
(Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No.
4313, 5-15-01; Ord. 4855, 4-18-06)
169.04 Minimal Erosion Control
Requirements
if exempt undo. §160.02, If exempt under 14
grading permit is not required. However, exe
well as non-exempt activities shall be subject
following minimal erosion and sedimentation
measures.
(A) Natural vegetation. 1
shall be minimized by
wherever possib
Hillside/Hilltop O
with the recommen
Best Management Pre
to the rn of
(B)
A record of
occur, when
of the
the
orarily or
site, and
• shall be
t( control
or
i14
CD169:4
of the site has temporarily or permanently
ceased.
(1) Where the initiation of stabilization measures
by 1 the 14"' day after construction activity
_.._. ..._i
temporarily or permanently ceases is
precluded by snow cover, stabilization
measures shall be initiated as , soon as
practicable.
(2) Where.
the
(C) Inte 1/perennial streams. No intermittent or
peren eam, including a 25 foot perimeter
rip mea from the top of the bank, shall be
d ped, channeled, or physically
a ss adequate guarantees are made for
erosio d sedimentation control both`dunng
construction and post construction. Likewise,
cuts or fills shall be setback sufficiently from
intermittent and perennial streams and other
stormwater drainage systems to guarantee that
there will be no damage from erosion or
sedimentation. Final erosion and sedimentation
control measures shall be approved by the City
Engineer.
(D) Excavation material. Excavation material shall
not be deposited in or so near streams and other
stormwater drainage systems where it may be
washed downstream by high water or runoff. All
excavation material shall be stabilized
immediately with erosion control measures.
(E) Fording streams. Fording of streams with
construction equipment or other activities which
destabilize stream banks shall not be permitted.
(F) Rome al of rn ,'dirt from public o eeta Any
romo..Pa
Debris, mud, and soil in public streets. Debris,
mud and soil shall not be allowed on public
streets but if any debris, mud, or soil from
development sites reaches the public street it
shall be immediately removed via sweeping or
TITLE XV UNIFIED DEVELOPMENT CODE
other methods of physical removal. Debris, muds
or soil in the street may not; be washed off the
(2) Maximum length. The maximum length of
street or washed into the storm drainage system.
any cut or fill slope without a terrace (as
Storm drainage systems ,"downstream' of 'a
described in 169.06 (O) below) shall be 100
development site should be protectedfrom
feet as measured along the ground. The
debris, mud, or soil in the event *hat debris, mud,
terrace shall be at least six feet (6') wide.
or soil reaches the drainage system.
(3) Existing topography. Cut or fill slopes shall
(Code 1991, §161.04; Ord. No. 3551, 6-5-91; Ord. No. 3947,
be constructed to eliminate sharp angles of
§1, 2-6-96; Ord. No. 4100, §2 (Ex. A), 6-16-96; Ord. No.
intersection with the existing terrain and shall
4113, §1, 8-18-98; Ord. 4855, 4-18-06)
be rounded and contoured to blend with the
existing to phy.
169.05 One -Time Approvals
(4) Setba uirements. The following
(A) Utilities. Public and private utility organizations
set uirements shall be reviewed by
may obtain a one-time approval from the City
t eer for purposes of assessing
Engineer for all routine underground electric,
, s and drainage problems:
water, sewer, natural gas, telephone, or cable
( e illustra Sothookc from property
facilities. The approval will include a utility
inea may be i out if- grading _plan ._is
organization and its contractors, agents, or
submitted joiny e owners of— both
assigns and will be permanent in nature as long
i?T
as the original approved procedures are followed.
Nsetb
(a) from or cut or l.
B Stockpiling materials. One-time approval may be
( ) P� � g PP
gk top
dings shall from the top
obtained by public or private entities for the
r toe of a cut or fill in accordance with
stockpiling of fill material, rock, sand, ravel,
Zoning, Chapters 160 through 165;
aggregate, or clay at particular locations
Building Regulations, Chapter 173; or
to Zoning, Chapters 160 through 165.
a approved grading plan, whichever is
test.
(Code 1991, §161.05; Ord. No. 3551, 6-4-91; Ord. No.
§2 (Ex. A), 6-16-98)
Se ks from property lines. The
169.06 Land Alteration nts
uired setback of retaining walls, cut
opes, and fill slopes from property
lines shall be as. given in the
(A) Grading plan evalu rading pl hall be
illustrations. Property lines may be filled
evaluated by the ngineer for mance
over or cut if a grading plan for the cut
with the minimal er control re ents of
or fill is submitted jointly by the owner of
§169.04 and the folio quire
both properties or with ' written
permission from the -adjacent property
(B) Requir Variances of this chapter`s
owner and if no utility easements are
requ' approved by the city
involved. If utility easements are
E with the Planning
involved, approval is required as given
si9n. The exte hich ns may
in (c) below in addition to the joint
b de will depend the types
submittal requirement.
enc d, planned pes, anned
vegeta nd investigative nearing reports.
(c) Setbacks from the edge of an
In no ca all the City ineer waive or
easement. The required setback of
modify any he minim erosion control
retaining wall, cut slopes, and fill slopes
requirements n in
from the edge of easements shall be as
given in the illustrations. Where no
(C) Cut or fill slopes.
utilities are present in an easement, or
where utilities are planned to be
(1) Finish grade. Cut or fill slopes shall have are
ped, and where such action in
finish grade no steeper than 33% (3.00
approved by all utilities in writing then
horizontal to 1 vertical), wl-ieen unless
wit
easements may fall within a cut or fill
em
otherwise approved by the City Engineer.
section.
Land located within the Hillside/Hilltop
Overlay District may have cut or fill slopes
(d) Setbacks from The required
with a finishgrade no steeper than 50%
P
setback of walls, cut slopes,
retaining walls,
,
(2.00 horizontal to 1 vertical) unless
and fill slopes from structures shall be
otherwise i ithapproved by of the City
as given in the illustrations. If a
Engineer,
structure forms an integral part of the
CD169:5
Fayetteville Code of Ordinances
retaining wall, then the setbacks do not
apply to that structure.
$3 Public rights of way. Cuts adj000nt to
public rights of way shall bo setback a
minimum of 25 fees exskidieg
dth'owayt or a000cs roads.
(e) Calculating setbacks- For the purpose
of calculating setbacks, any cut or fill
section which is on a slope of one to
one or greater shall be considered a
retaining wall.
(f) Administrative, variance. Setbacks from
easement lines and structures may be
varied administratively by the City
Engineer if geotechnical and/or
structural information is provided that in
the opinion of the City Engineer justifies
the variance.
(g) Additional information required. The
City Engineer may require further
geotechnical and/or structural
information to show that se cks
greater than those given are no
to protect property, utilities,
integrity of property lines.
(D) Cuts.
(1)
Vertical height. Cu
feet in vertical
demonstrating e
control, and ge
together with el
nonsolid rock cuts,
for c er than
e at ti
um ra on(
ce for every
(2
imum vertical cu
fined by geotechr
da roved by the
maxi rtical cut sh
(3)
Fill materr n
allowed prim
fill material to r
exporting site is to atec
district.
(E) Fills
ted to 101
unless rmation
stability erosion
control ' rovided
etatio For
:es
(2) Compaction. Fill shall be placed and
compacted as to minimize sliding or erosion
of soil. Fill compaction shall equal the
compaction of undisturbed, adjacent soil,
except fills covered by Building Regulations,
Chapter 173, or other structural fills. The
City Engineer may require soil tests during
compaction work or upon its completion at
the expense of the permittee.
(3) Grade. Fill shall not be placed on existing
slope with ade steeper than 15% (6.67
horizont vertical) unless keyed into
steps ' existing grade and thoroughly
sta ' mechanical compaction.
(5) Ter Terraces sh illl quired for fills
than 10 feet in height. It is
mended that terracing be at a
ximum ratio of one foot of horizontal
ace for every foot of vertical surface.
be at ao (2)
horizontal
as
Engineer, the
30 feet.
PF shall a cut be
urpose of obtaining
nt site, unless the
within an extraction
(1) Rocks/fill. All imported fill shall be free of
rocks greater than 12 inches in diameter and
any detrimental organic material or refuse
debris.
CD169:6
control.
rma71 ' improvements. Permanent
ements such as streets, storm
s s, curb and gutters, and other features
for control of runoff shall be scheduled
coincidental to removing vegetative cover
from the area so that large areas are not left
exposed beyond the capacity of temporary
control measures.
(3) Top soil. Top coil shall bo ctookpilod and
Stockpiling of top soil. Top soil shall be
stockpiled and protected for later use on
areas requiring landscaping. Alt storage
piles of soil, dirt or other building materials
(e.g. sand) shall be located more than 25
TITLE XV UNIFIED DEVELOPMENT CODE
Said seeding shall provide complete and
uniform coverage that minimizes erosion
and runoff in no more than two growing
seasons.
(c) 10:1 up to 4:1 grade: Re -vegetation
shall be a minimum of hydro -seeding
with mulch and fertilizer, sod or
groundcover. Said planting shall
CD169:7
planted along terrace benches. Said
plantings shall be spaced as necessary to
thoroughly stabilize the terrace bench. The
remainder of the terraced slope shall be re -
vegetated and stabilized according to
§169.06(F)(5) above.
(8) Permanent erosion control. The developer
shall incorporate permanent erosion control
features at the earliest practical time.
Fayetteville Code of Ordinances
Temporary erosion control measures will be
used to correct conditions that develop
during construction that were unforeseen
during the design stage, that are needed
prior to installation of permanent erosion
control features, or that are needed
temporarily to control erosion that develops
during normal construction projects, but are
not associated with permanent control
features on the project.
formal report submitted by a registered
professional engineer qualified to make such
investigations.
(3) Safety railings. Safety railings may be
required on any retaining wall 2.5 feet or
higher. The decision as to whether to
require safety railing shall be based on
potential pedestrian and public access to the
retaining wall and applicable building codes.
This requirement for safety rails shall also
apply to vertical or near vertical rock cuts
and to steep (greater than 31) cut or fill
slopes.
(Code 1991, §161.07; Ord. No. 3551, 6-4-91; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No.
4855,4-18-06)
CD169:8
J
SBi
SB2
TB
S
Fi
F2
Ci
C2
LEGEND
----- EXISTING GROUND
—`-'- PROPERTY OR EASEMENT LINE
PROPOSED GROUND
.... CONSTRUCTION LIMITS
MINIMUM SETBACK FROM PROPERTY LINE DOWNHILL
MINIMUM SETBACK FROM PROPERTY LINE UPHILL
TIE BACK
SLOPE
FOUNDATION DOWNHILL
FOUNDATION UPHILL
LIMITS OF CONSTRUCTION —DOWNHILL
LIMITS OF CONSTRUCTION —UPHILL
Downhill CUT SLOPE Uphill
SBi = Fi +5' RETAINING WALL
Downhill CUT SLOPE
SBi = Fi +5'
Downhill
PL PL
C2=Limits of
Construction
See Note 5
SB2= C+5'
Uphill
C2=Limits of
Construction
See Note 5
BLOCK RETAINING WALL S
CUT SLOPE B2= C+5'
Uphill
NOTES
t. WRITTEN PERMISSION FROM ADJACENT PROPERTY OWNER
IS REQUIRED TO FILL OR EXCAVATE OVER EXISTING
PROPERTY LINES.
2 CONSTRUCTION LIMITS INDICATED ARE FOR INITIAL
CONSTRUCTION; RECONSTRUCTION; OR MAINTENANCE OF
THE STRUCTURE IN THE FUTURE.
3, REVIEW ZONING & BUILDING SETBACK REQUIREMENTS,
DEFER TO WHICHEVER MAY BE GREATER,
4. MINIMUM SLOPE AND DISTANCE FROM THE STRUCTURE
PER STATE BUILDING CODE MUST NOT BE VIOLATED.
5. REFER TO THE OSHA TECHNICAL MANUAL SECTION 5
CHAPTER 2 FOR SOIL TYPES AND SLOPE EXCAVATION TO
DETERMINE THE LIMITS OF CONSTRUCTION.
FILL SLOPE
Flatter Than 5:1
5: 1 To 3: 1
Greater Than 3:1
Downhill FILL SLOPE Uphill
SBi = Fi +5
Downhill
C2=Limits of
Construction
See Note 5
RETAINING WALL 5B2= C+5'
FILL SLOPE Uphill
C2= Limits of
Construction
See Note 5
SBi = Fi +5' BLOCK RETAINING WALL SB2= C+5'
FILL SLOPE
Downhill Uphill
SB2 :
sB2
5'
2
SB, Apply to
SBi t
Existing
I
5' Structures
sEE
BELOW H
Uphill
_--'"� �1 Uphill
See
SB1*
FILL SLOPE
3 (max)
note 4
5'
Flatter Than 3:1
(typ)
10'
3:1 To 2:1
Downhill
4H/3
Greater Than 2:1
CUT SLOPE —
EXISTING STRUCTURES
FILL
SLOPE
—
EXISTING STRUCTURES
D=5' For Existing
D=2' For Proposed
SB2
582
C2
D'*
C2 5'
H
F2
C =Limits of
See
C =Limits of
F, Construction
note 4
Construction
See Note 5
(typ)
See Note 5
RETAINING WALL '
SB, = H*43 SB = C+5
/
* RETAINING WALL SB — C'
SB= H 4/3 2 +5
WITH STRUCTURES 2
,WITH
STRUCTURES
Downhill CUT SLOPE Uphill
Downhill
FILL SLOPE Uphill
D=5' For Existing
D=2' For Proposed
SB2
SB2
C2 5'
C
D*
C =Limits of
note 4
C2=Limits of
Construction
(typ)
Construction
See Note 5
See Note 5
SB, = H*4 3 BLOCK RETAINING WALL SB = C+5'
/
SB* BLOCK
H 4/3
RETAINING
WALL SB = C+5
2
WITH STRUCTURES 2
,= WITH
STRUCTURES
Downhill CUT SLOPE Uphill
Downhill FILL SLOPE
Uphill
TITLE XV UNIFIED DEVELOPMENT CODE
169.07 Grading Plan Specifications
(A) Grading plan. The applicant shall prepare a
grading plan as follows:
(1) Site plan. Site plan at a scale no smaller
than one inch equals 50 feet, showing
property lines; vicinity map; name of owner,
developer and adjacent property owners.
(2) Existing grades. Existing grades shall be
shown with dashed line contours and
proposed grades with solid line contours.
Grading plans shall be required to show both
the proposed grade and the undisturbed
area. Contour intervals shall be a maximum
of two feet. Spot elevations shall be
indicated.
(3) Designation of grade. Areas with 0 to 10%,
10 to 15%, 15 to 20% and more than 20%
grade shall each be identified in a
distinguishing manner.
(4) Identify land to be disturbed. Land areas to
be disturbed shall be clearly identified_.
(5) Engineer/architect. Seal of a regl
engineer, architect, or landscape a
certifying that the plan complies with
chapter. _
(6) Cuts and fills. All including
height and slope be clear own on
the plan.
(7) Streets and
names of all
to
within
all be
etc. I ' cation- The
cation of lot ildings, streets,
and parks, pl ounds or green
I be indica Also to be
� existin oposed building
within 100
(9) Soil type. So' s shall be identified
according to the nifed Soil Classification
System.
(10) Natural features. Location of natural
features such as drainage ways, ponds, rock
outcroppings, and tree cover. Indication of
100 year floodplains as defined by FEMA.
(11) Streets and drainage ways. Profiles and
cross sections for proposed streets and
drainage ways.
CD169:11
(12) Acreage/zoning. Total acreage and zoning
classification.
(13) Surface water. Provisions for collecting and
discharging surface water.
(14) Underground utilities. Profiles and cross
sections of streets, drainage systems, and
underground utilities, if they are necessary to
clarify the grading plan in terms of potential
erosion or r if, or if the grading on site has
the pote isturbing the utility line.
(15)Tre of slopes and benches. The
eatment for all slopes and
es s indicated.
Natural vegeta eservation. Proposals
for preserving I vegetation and
description of re ation or other
perm ent erosion con ategy.
(17) edimentation. ecification of
ures to control runoff and
dimentation during construction indicating
at will be used such as straw bales, silt
brush check dams, lateral hillside
di catch basins, and the like.
,wing shall be required for individual lot
iage design:
a. Identify lot lines and conceptual foot
print of residence.
b. Establish the minimum finish floor
and grading adjacent to-. the
residential structure in accordance
with. Chapter 173 Building
Regulations and. the Arkansas Fire
Prevention Code.
c. Indicate individual lot drainage with
the use of spot elevations and flow
arrows.
i. The minimum slope of the
flow path from the top of
curb, top bank, or
im of 2% for
Fayetteville Code of Ordinances
ii. In general, drainage should be
169.08 Grading Plan Submittal
routed on the shortest, practicable
flow path to the public right of way
(A) Preliminary grading plan. A preliminary grading
or drainage easement..
plan shall be submitted at the time of preliminary
plat submission for subdivisions or plat
d. Non structural grassed swales for
submission for large scale development,
rear lot drainage .concentration is
whichever is applicable.
discouraged and, shall not be
installed in combination with a utility
(B) Final grading plan. No subdivision may be
easement.
finalized, nor large scale development plat
approved before a final grading plan has been
e. Utility Easements shall be graded
submitted tot ity Engineer and approved.
and shaped in accordance with the
The final gr an and the final plat of land
master 'P build -out -.:grading plan
located wHillside/Hilltop Overlay District
during preliminary plat construction..
shall following plat note stating:
'Prop wners of lands located within
i. Provisions . will ; ':be
the de/Hi verlay District shall have
considered : ' to
d ion plans ed, approved and sealed
accommodate ;positive
professional arc or engineer.
drainage until build obi
occurs.
..."copY'of the Stormwater Pollution`. Prevention
(B) Preliminary grade plan. The preliminary grading
plan shall include all the above items except (5),
(7), (11), (13), and (14) above. In addition to the
above items, the city may require a cross ion
through the property showing existi
proposed grades as part of the pre
submission.
The following additional required information
be reported in text rather wn on t
grading plan.
(1) Time schedule a schedul icating
the anticipate ing and com n dates
of the develop equenc a of
exposure of each rio
(2) lion
cription of
%Whes
nd cempnd
he quantity
of excaval
m the site.
(es
l are
s) and
to be
where neither subdivision plat, nor LSD
)licable, proof of notification of adjacent
owners and grading plan must be
,,simultaneously with the application for
d. No. 3551, 6-4-91; Ord. No. 4100,
No. 4855, 4-18-06)
Cross reference(s)--Notification and Public Hearings,
Ch. 157.
69.09 Minor Modifications
ish grades shall be allowed no more than a 0.50
oot 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 mn-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
st may become a all the requirements of this ordinance plus any set of
g water on heavily varied requirements approved by the Planning
addressed. Commission.
(4) Sails engineering study. The City Engineer
may require a soil engineering study, or soil
loss calculations if site conditions so warrant.
(Code 1991, §161.08; Ord. No. 3551, 6-4-91; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4113, 8-18-98; Ord. No. 4855,
4-18-06)
(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.
CD169:12
TITLE XV UNIFIED DEVELOPMENT CODE
(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
wea
mea
(Cod
§2 (E
169
The
or
sub<
the
tram
dew
resp
char
prop
(Cod
§2 (E
169
CD169:13
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 P ........................... ..._.........................5
170.07 PERFORMANCE CRITERIA ......................................................6
.......................................... .....................6
170.08 MAINTENANCE RESPONSIBILITY... ......................................................7
...............................................7
170.09 DRAINAGE PERMIT PROCESSIN ...............................................................................9
170.10 STORMWATER DISCHARGES F TRUCTIO IVITIES........................................9
170.11 PRELIMINARY PLAT, LOT REQUIREMENTS..............................................12
........... ...........................................12
170.121'!&'2 FAMILY RESIDENTIAL REQUIREMENTS ........ ...............................................12
170.13 STORMWAT LUTION VENTI............................................................................12
170.14-170.99 RESE ......... .. ............................................................................14
CD170:1
Fayetteville Code of Ordinances
CD170:2
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND EROSION
CONTROL
170.01 Intent
(A) Intent. It is the intent of this chapter to protect,
maintain, and enhance the health, safety, and
general welfare of the citizens of the City of
Fayetteville by:
(1) Preventing increases in the magnitude and
frequency of stormwater runoff to prevent
increases in flood flows and associated
hazards and costs.
(2) Controlling soil erosion and sedimentation to
minimize soil deposition in streams and other
receiving water bodies and storm drainage
systems.
(3) Requiring surface and stormwater
management practices that comply with
requirements of this chapter.
(4) Promoting the development of
facilities that are aesthetically de:
(B) Findings of fact. The City Council fin
uncontrolled stormwater runoff from de
land adversely affects the public health,
and welfare because:
(1)
Impervious surf runo
surfaces incre quantity
surface runo h reduces
water through s increase
flooding.
(2)
C nve
ter
1Geyance adv affec
creases the incI"" an
ding, which can get
life.
(3)
Erosi ncreased
sedime in stor r
systems, de s
capacity
y of
i of
and
stormwater.
:tion and
erty and
rity of
r and
1 leads to
management
the system's
(4) Future problems.Waany future problems can
be avoided if land is developed in
accordance with sound stormwater runoff
management practices.
(Code 1991, §163.03; Ord. No. 3895, 1, 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord.
4920, 9-05-06)
CD170:3
170.02 Adoption Of Drainage Criteria
Manual
The City Council hereby adopts by reference the
Drainage Criteria Manual, prepared for the City of
Fayetteville, and adopted by Ordinance No. 3895 of
the City of Fayetteville, and as may be amended from
time to time. All t ical procedures and design
standards contai - erein shall have the same
force and effe printed word for word in this
chapter.
3.03, o.3895, §1, 6-20-95; Ord. No.
6-16-9 4920, 09-05-06)
Permits
This chapter ply to all land
orporate limits the City of
No person may subdivide and
:hange to a more intensive land use,
or reconstruct a structure, or change
of a structure, or conduct grading,
tr filling activities without first obtaining
management, drainage and erosion
(hereinafter referred to as a
it") from the city, except as
q,§170.03(C) and §170.03 (D) below.
(B) Permit application. Any application for a drainage
permit shall be submitted according to §170.05
below, and shall be submitted concurrently with
the application for a grading permit, if such
grading permit is required by § 169.03. The
drainage permit applications shall include at the
time of submission the calculations required by
§170.05(B)(7). The application also shall state
whether or not detention is required, and shall
provide the basis for that conclusion, utilizing the
performance criteria set forth in §170.07 below.
The City Engineer shall make the final
determination regarding detention.
(C) Project not requiring detention. Any project that
requires a drainage permit that does not require
detention may receive, with the approval of the
City Engineer, a grading permit prior to issuance
of the drainage permit. Any grading permit issued
prior to the issuance of a required drainage,
permit shall be subject to the following:
(1) Insufficient or incomplete drainage permit
application. If the drainage permit
application, including the required
calculations, is determined by the City
Fayettevillo Code of Ordinancoc Engineer to
be insufficient or incomplete, it shall be
revised and resubmitted by the applicant
Fayetteville Code of Ordinances
(4) Maintenance- Maintenance or clearing
within four (4) weeks of receipt of written
activity that does not change or affect the
notice of insufficiency or incompleteness,
quality, rate, volume, or location of
stormwater flows on the site, or runoff from
(2)
Deadline for the revised application. A stop
the site.
work order for all grading on the project shall
be issued by the City Engineer if a revised
(5) Agriculture. Bona fide agricultural pursuits,
application is not submitted within four (4)
for which a soil conservation plan has been
weeks of receipt by applicant of the written
approved by the local Soil and Water
notice of insufficiency or incompleteness.
Conservation District.
However, the City Engineer may delay
issuance of the stop work order if the City
(6) Emergency tion taken under emergency
Engineer determines that the applicant has
conditio r to prevent imminent harm
demonstrated prior to the deadline that
or da persons, or to protect property
circumstances not reasonably foreseeable
fro ml ent danger of fire, violent storms,
and beyond the applicant's reasonable
o ds.
control prevented his timely resubmission of
a sufficient and complete revised drainage
(E) p ance with r provisions. Although a
permit application.
ific permit is no 'red for these particular
rcumstances, this ex n does not exempt
(3)
Insufficient or incomplete revised application.
the owner/developer/buil complying with
A stop work order for all grading on the
the poll n prevention erosion and
project shall be issued by the City Engineer if
sedime --:c rol provisions oft apter.
the revised application is determined by the
City Engineer to be still insufficient or
r eJoet8With
incomplete.
'' red-perrnifs-approved-and-aft ^,-r,. ,aFy
(4)
Stabilization and revegetation after st
rye -Si -Y Engineer-pAOF tG dHae
IF-meet-9Rfy--the requirements --in
order. If a stop work order is issued pu t
.
to §170.03 (C) (3), the applicant
stabilize and revegetate all graded
163. , Ord. No. 3895, §1, 6-20-95; Ord. No.
otherwise disturbed a,set forth
o, 6-16-98; Ord. No. 4314, 5-15-01; Ord.
§169.06(F)(6)and (BcSk
920,9-05
(5)
Termination o work orde y stop
170.04 Drainage Permit Conditions
work order i ursuant to .03 (C)
Each permit issued shall be subject to the following
(2) or §170.03 shall a re the
onditions.
issuance of a ' a r i -sa.
com th any contain
(A) Area. The development, including associated
th it.
construction, shall be conducted only within the
area specified in the approved permit.
(D) ns where no e p ' required.
ge permits are requ or the
(1)
(2) Commercial/in - . One commercial or
industrial project b t on an individual lot that
is part of a larger subdivision that has been
issued an approved drainage control permit
when the proposed project is demonstrated
tobe in compliance with the overall
subdivision drainage permit.
(3) Existing commercial/industdaL Existing
commercial and industrial structure where
additional structural improvements are less
than 2,000 square feet.
(B) Execution. Activities requiring a stormwater
management, drainage, and erosion control
permit shall not commence until the seaskNstien
drainage permit is approved. The approved
construction drainage permit shall be on file with
the city and a copy on file with the contractor for
review and inspection upon request.
(C) Inspections. A schedule of inspections to be
carried out during the construction phase of
permitting shall be established as conditions to
the permit.
(D) Duration.
(1) Unless revoked or otherwise modified, the
duration of a construction drainage permit
issued pursuant to this chapter shall be one
year.
CD170:4
TITLE XV UNIFIED DEVELOPMENT CODE
(2) If the permitted project discharge structure is project area and the total lands that
not completed prior to expiration, the contribute runoff.
construction drainage permit duration can be
extended to cover the project duration, (2) Topographic map. Topographic map of the
subject to approval of the City Engineer, project area showing the location and
elevation of benchmarks, including at least
(E) Maintenance. Maintenance activities, as specified one benchmark for each control structure.
in the approved maintenance plan, shall be
executed routinely, with scheduled reporting to (3) Land use map. Land use map showing both
the City Engineer, current and proposed conditions for the
drainage area that contributes runoff.
(F) Modifications. If the activity authorized by the
permit is not completed according to the
approved schedule and permit conditions, the
City Engineer shall be notified. For revisions
resulting in a schedule extension of more than 30
days, or if deviations from the permit conditions
are expected to occur, approval of a permit
modification is required by the City Engineer.
(G) Transfer. No transfer, assignment, or sale of the
rights granted by virtue of an approved permit
shall be made without prior written approval from
the City Engineer.
(H) Special. Any additional special conditio as
deemed appropriate by the City Engin be established to address specific projec
or circumstances.
(4) Soils a ' getation map. Soils and
veget ap displaying the most recent
U.S 1 onservation Service information
sing both the project area and
aina a that contributes runoff.
Grading,
drawings.
dr paving,
Propo grading,
building
drainage,
paving, and buildi
detail& of proposed
wing(s)
ing,
showing
drainage,
and sediment padifoi drawings.
and sediment control drawing(s) and
itions identifying the type, location,
edule for implementing erosion and
it control measures, including
6e provisions for maintenance and
(Code 1991, §163.05; Ord. 3895, §1, 6-20-95; Ord.
' osof temporary measures.
4100, §2 (Ex. A), 6-16-98; Ord. 4920
(7) -ical report. Technical report, prepared
170.05 Drainage Per plic
by a registered professional engineer,
A storm water manage drainage, erosion
describing the assumptions, calculations,
control permit applica all be subm to the
and procedures used for determining
City Engineer using app a forms ed by
compliance with the performance criteria
the city. A permit applicati all in
established by this chapter.
information an to alto ngine �-
determine rojec lies with the
(8) Maintenance report. Maintenance report
require ' Fthis c' . The ' items to be
(text and drawings), prepared by a registered
submi a permit ap - n sha the form
professional engineer, describing the
and the procedure `° desc in the
activities and schedule required to operate
Draina 'feria Manual, Sect Drain eport
and maintain the permitted facilities until
Checklist. mittal informatio nd pla shall
accepted by the city.
include, but limited to the fo to ing:
(Code 1991, §163.06; Ord. No. 3895, §1, 6-20-95; Ord. No.
(A) Applicant i ' ation. A '' nt information,
4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord.
including the e, s, email, and
4920, 9-05-06)
telephone numbe er and developer,
170.06 Submission, Review, And
and proof of owne hi f the property to be
permitted. In addition, e legal description of the
Approval Of Plans
property shall be provided, and its location with
reference to such landmarks as major water
(A) General. The stormwater management, drainage,
bodies.
and erosion control plans shall be prepared by
the engineer of record, who is a licensed
(B) Plan. Stormwater management, drainage and
professional engineer of the State of Arkansas.
erosion control plan, shall include, but not be
limited to the following:
(B) Pre -preliminary drainage plan and review. A pre -
preliminary stormwater management, drainage,
(1) Aerial photograph. Aerial photograph --it
and erosion control plan review with the
available, of the project vicinity, covering the
engineering staff is suggested before platting, re-
CD170:5
Fayetteville Code of Ordinances
plats, lot splits, building permits, and/or to contribute its share of the off -site costs, the
development improvements begin for the developer shall have the option of:
purpose of overall general drainage concept
review- (1) Developer's expense. Building the off -site
improvements at his/her own expense;
(C) Preliminary stormwater and drainage plan.
Preliminary stormwater management, drainage,
and erosion control plans and accompanying
information as described in the Drainage Criteria
Manual shall be submitted at the time of the
preliminary plat, replat, lot split, building permit ,
site improvement plan, large scale development
and/or development improvements are
submitted. If needed, a review meeting will be
scheduled by the City Engineer with a
representative of the developer, including the
engineer, to review the overall concepts included
in the preliminary stormwater management,
drainage, and erosion control plan. The purpose
of this review shall be to jointly agree upon an
overall stormwater management concept for the
proposed development and to review criteria and
design parameters that shall apply to final design
of the project.
(D) Final stormwater management, drainag ant
erosion control plan. Following the pr
stormwater management, drainage, and
control plan review, the final stor r
management drainage, and erosion control
shall be prepared for each phase of the propo
project as each phase is d- The fin
plan shall constitute a re rit" concepts
approved in the inary mwater,
drainage, and control with
preparation and s al of detailed rmation
as required in the D e Criteri a This
plan shall be submitte e e cdn&ru:.,1
(E) Rev' nd a of stormwater
N
ent, drain rid control
nal stormwater gem ainage,
ion control plans I be re d by
ineer. If it is det ed acc ding to
' eering practice th t the proposed
'll provide co of stormwater
ac ce with rposes, design
and p an ndardsofthese
ns and detrimental to the
alth, safet general welfare, the
City Engineer shall approve the plan or
conditionally approve the plan, setting forth the
conditions thereof.
(F) Off -site improvements. If it is determined that
offsite drainage improvements are required, and
that such specific off -site drainage improvements
are consistent with the city's current and
established priorities, then cost sharing will be in
accordance with "Required Off -site
Improvements." If the city is unable, or unwilling,
(2) Detention. Providing detention so as to
match downstream capacities; or
(3) Delay project. Delaying the project until the
city is able, or willing, to share in the off -site
costs.
(Code 1991, §16 d. No. 3895, §1, 6-20-95; Ord. No.
4100, §2 (Ex. c - 98; Ord. 4920, 9-05-06)
170.07 r Criteria
(A water mans ,drainage, and erosion
ntrol plan. Stormwa nagement, drainage,
and erosion control pla 11 be prepared in
accordanc with perform standards that
have b ructured to ac the purposes
and es of this chapte as well as to
t the quality and quantity of runoff after
ment is not substantially altered from
p lopment conditions.
B) Perfo criteria. Except as otherwise
rovide chapter, a development must be
fred, "` ructed, operated, and maintained
t ith the following performance criteria:
(1) Flood Damage Prevention Code. Provisions
for floodplain management criteria shall be
consistent with those contained in Chapter
168, the Flood Damage Prevention Code.
CD170:6
(2) Peak discharge. The post -development peak
rate of surface discharge must not exceed
the existing discharge for the 100 year, 24
hour storm, the 10 year, 24 hour storm, and
the 2 year, 24 hour storm, unless other
discharge limits are deemed applicable for a
specific site by the City Engineer.
(3)
(4)
Low Impact Development. Use of :j Low
Impact Development design strategies, as
described in Chapter 179, to attenuate lesser
storms and more closely mimic
predevelopment hydrology is encouraged.
TITLE XV UNIFIED DEVELOPMENT CODE
() Erosion and channel stability. All stormwater
management systems shall be evaluated
based on their ability to prevent erosion and
sedimentation of the receiving waters and
adverse impacts on the site's natural
systems. The design engineer shall consider
the on -site and downstream effects of the
peak discharges and shall design both the
permanent and the construction phase of the
stormwater management system in a
manner that will not increase flooding,
channel instability, or erosion downstream
when considered in aggregate with other
developed properties and downstream
drainage capacities.
(6) Drainage into wetlands and ` floodways.
Areas defined as "wetlands" and,'llbodways;'
by the appropriate federal agencies shall be
protected from adverse changes in runoff
quantity and quality from associated land
development.
(7J Drainage Criteria Manual. The technical
procedures and design standards contained
in the Drainage Criteria Manual, prep d for
the City of Fayetteville, and adopte
chapter and as may be amended fr
to time, shall be used for guidan o
determine compliance with the perform
criteria established by this chapter.
(Code 1991, §163.08; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord
170.08 Maintena e
(A) Dedication. Those
systems ed in
chapte on
the stormwater manager
I areas and/or str
th must be dedica
instr and accepted
City En
(B) Perpetual Inspections
Ord.
a part of
conveyance system
be ted to the
to b ' ated to
plat arate
the
all
(1) Agreement of Maintenance Responsibility.
The owner of the property on which the
stormwater systems structures have been
installed shall agree to, undergo ongoing
CD170:7
(C)
inspections,, and document maintenance and
repair needs.
stormwater
PfSequate easements f�
and, if necessary to take
the resporible entity fail
to the City shall have
it the city to inspect
live action should
rly maintain the
al r stormwater
d syst ms approved in
hhe City shall be accomplished by the legal entity
r ible for maintenance, which may include
an ed entity as identified in the following:
(1) Special districts and public entities. An active
water control district, a —drainage district,
public utility or a special assessment district;
('1) Public AR officially franchicod
(2) Developer or property owner. A developer or
property owner who provides a bend-eK-ether
oporato and maintain stormwater
legal Stormwater Management Practices
Maintenance Agreement with the City; or,
(3) Property owner association. Property owner
associations able to comply with the
following provisions:
(a) The association provides a binding legal
Stormwater Management Practices
Maintenance Agreement inetrament
through which it assumes full
responsibility for stormwater
Fayetteville Code of Ordinances
management systems operation and (d) Embankments, slopes or safety
maintenance. benches.
(b) The association has sufficient powers to (e): Inlet :and . outlet channels ;and
operate and maintain the stormwater structures.
management system, establish rules,
assess members, contract for services, (f) Sediment and ;debris accumulation
exist perpetually and, if dissolved, to in storage and forebay areas.
provide alternative operation and
maintenance services. (g) Underground drainage!
(c) Tho accociation can provide a bond or (h) Provide , cross :!sectional ;:data
other ^^^ r^^^^^ of financial capability showing the existing capacity of ;the
to po.^to ^^d maintain cor. ces. 4detention • pond for comparison. tq
(D), Maintenance Inspections. A^.,o--part o - the
established to addroco critical projoct
cohodulo, no work shall proceed until the
to proceed beyond oach schedule milestone.
Any portion of to work that does not comply
with tho permit conditionc dm11 be specified
of maintenance activities
:r management
near the end of
Lgreement. A subsequent
all be performed at the end of
:ar to ensure functionality and
Inspection reports shall be
and maintained by the City
all stormwater systems and
ispection reports for stormwater
(1) The date of the inspection;
(2). The name of the inspector;
(3) The condition of:
(a) Pretreatment devices.
(b) Vegetation or filter media
(c) Spillways, valves, or other control
structures.
CD170:8
(E) Right -of -Entry for inspection. The Stormwater
Management Maintenance Agreement }shall
provide for the.CityEngineer or designee to enter
the property at reasonable times and in' a
reasonable manner for the purpose of inspecting
stormwater systems and structures.
TITLE XV UNIFIED DEVELOPMENT CODE
(1) Enforcement of the Lien. The lien herein
provided for may be enforced and collected
in either one of the following manners:
(a) The lien may be enforced at any time
within 18 months after work has been
done, by an action in circuit court; or
calculations that justify; the removal of the
stormwater systems or structures.
(Code 1991, §163.09; Ord. No. 3895, §1, 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06)
Cross reference(s)--Enforcement, Ch., 153; Appeals, Ch.
155, Variances, Ch. 156; Bonds and Guarantees, Ch. 158;
Fees, Ch. 159.
may be determined at a hearing before
170.09 Drainage Permit Processing
the City Council held after 30 days
written notice by certified mail to the
Procedure for pro of permit applications shall
owner or owners of the property, if the
be as follows:
name and whereabouts of the owner or
owners be known, and if the name of
(A) Applic mwater management, drainage,
th e owner . or owners cannot '', be
and I permit applications shall be
determined, then only after publication
sub to th or review, processing, and
of , notice of such hearing in a
oval. Applic ay schedule a pre-
newsRaper', having a bona fide
ication conferen the city to discuss a
circulation to Washington County' for
oposed project submitting the
oneinsertion per week for four
application.
consecutiveweeks; the determination
of the City Council shall be subject to
Fee. A Cl undable permit a ation fee shall
appeal by the property owner in circuit
e p n the application is submitted to help
court; and the amount so determined at
r cost of the plan review, administration
said hearing, plus, ten percent penalty
' anagement of the permitting process and
for, collection, shall be by the .City
in n of project implementation and
Council certified to the tax collector o
oper
the county, and by, him placed on the
tax books as delinquent taxes, and
ante. City Engineer determines that the
collected accordingly, and the amount,
pli ion submittal is in compliance with
less three percent thereof, when s
al p s of this chapter, a permit may be
collected shall be paid to the city by the
tax collector,
issued. the City Engineer determines that the
county
permit submittal does not conform with all
provisions of this chapter, permit issuance shall
c iln case the er of : any
( lot . or other
be denied and a written statement as to the
real, property is unknown or :his
reasons for the denial shall be provided to the
whereabouts is not known or he is
nonresident of this state, then a copy o -.
applicant.
• he written notice hereinabove referred
(Code 1991, §163.10; Ord. No. 3895, §1, 6-20-95; Ord. No.
o shall be posted upon the premises
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06)
and before any action to enforce such
lien shall be had, the City Clerk shall
170.10 14 Stormwater Discharges From
make an affidavit setting out the facts
Construction Activities
5 t unknown address or whereabouts
r non -residence, and thereupon
service of the publication as now
(A) General Requirements for Construction Sites.
provided for by law against nonresident
defendants may be had, and an
1 Construction Site. A construction site is a
( )
attorney ad litem may be appointed to
site with activity that would result in the
notify the defendant by registered letter
creation of a new stormwater management
addressed to his last known place of
system, including the building, assembling,
residence if same can be found.
expansion, modification, or alteration of the
existing contours of the property; the
amoval ` and modification of Stormwater
erection of buildings or other structures, any
/stems and Structures. Stormwater systems
part thereof; or land clearing.
id structures may only be modified or removed
th theapprovalof the City Engineer, who shall
(2) Owner Responsibility. The owner of a site of
,ermine the whether the stormwater system or
construction activity shall be responsible for
ructure does ! not function as a part of the
compliance with the requirements of this
ormwater management system. The applicant
chapter.
ay be required to provide supporting data and
CD170:9
Fayetteville Code of Ordinances
(3) Erosion And Sediment Control. Best
Management Practices (BMPs) shall be
implemented to prevent the release of
airborne dust and waterborne sediment from
construction sites. Disturbed areas shall be
minimized, disturbed soil shall be managed
and construction site entrances shall be
managed to prevent sediment tracking.
Streets and storm inlets must be kept clean
at all times and free of loose rock, mud,
debris and trash. Specific inlet protection
measures may be necessary, as long as
they do not interfere with vehicular traffic.
Mud on streets must be physically removed
and not washed into inlets.
(4)
and sediment syste ust be
installed andafltained pert state
approved Si ater Pollution vention
Plan before th inning o co lion
and until slope staotnj5veetatij
is es For en 1 a�ii d'
a P m onsite at all
For si r 5 a he NOI and
Exits
A stabilized rock exit is required on
construction sites. Ro exits must be
at least 2 by ng (1 & 2 family
residential) o I other construction
sites) by 6" ihi ilized rock having a
minimum average iameter of 3". If there is
an existing curb, loose material such as fill
dirt or gravel shall not be used to ramp up to
it from the street. Temporary wooden ramps
in front of curbs are acceptable.
(6) Concrete Truck Wash Areas. No washing of
.concrete trucks or chutes is allowed except
in specific concrete wash pits located onsite.
Proper runoff and erosion controls must be
in place to retain all concrete wash water.
CD170:10
(7) Dewatering. All rainwater pumped out of
sumps and depressions on construction sites
should be clear and free of sediment, and
must discharge to a sedimentation pond,
sediment bag, or settling tank in such a
manner as to not cause additional erosion
problems.
(8) Storage of Materials. Public streets and
sidewalks shall not be used for temporary
storage of containers or construction
A
ially loose gravel and
ion to on -street storage
f this chapter, all liability
and/or damages due to
e the responsibility of the
;materials.
e dirFsterage p le
bales. Storm drain inlets must be protoctod
ust—;se
`: iaed,- If the -piles -will be -in -place feNess
ays hen their-perirRetersiaust-be
Rd
'1ffeRses-er-atraw
irb-er-snil-storage piles -seated less
d-and-iR-place-fev
aysR
eir perimeters
from potontialfrom
ctoragc---••--pilcc by gilt- fence.or.other
appropriate barrier&
Dirt and Topsoil Storage.. All storage piles of
soil, dirt or other building materials (e.g.
sand) shall be located"Ifpore than 25 feet
from a roadway, drainagechannel or stream
(from top of bank), wetland, and stormwater
facility. The City Engineer mayalsorequire
storage piles to be located up to fifty (50)
feet from a drainage channel or stream, as
measured from the top of the bank to the
stockpile, for,. established TMDL (water
bodies; streams listed on sthe State 303(d)
list; an Extraordinary Resource Water,
Ecologically Sensitive Waterbody, and/or
Natural and Scenic Waterbody, as defined
by Arkansas Pollution Control and Ecology
Commission Regulation No. 2; and/or any
other uses at the discretion of the City
Engineer.
Topsoil piles surfaces must be immediately
stabilized with appropriate stabilization
measures. Stabilization practices may
include: temporary seeding (i.e. annual rye
or other suitable grass), mulching, and other
TITLE XV UNIFIED DEVELOPMENT CODE
(B)
(C)
(10) Franchise and Private Utilities. The property
owner or main contractor onsite will be
responsible for restoring all erosion and
sediment control systems and public
infrastructure damaged or disturbed by
underground private or franchise utility
construction such as water and sewer
service leads, telephone, gas, cable, etc.
Erosion and sediment control systems must
be immediately restored after each utility
construction.
(11) Post -Construction Compliance. Upon
completion of permitted construction activity
on any site, the property owner and
subsequent property owners will be
responsible for continued compliant with
the requirements of this chapter
course of maintenance, reconstruc
any other construction activity on the si
an
construction on a site sturb sd remove
vegetation on one r more ac f land
during the life construction ject, a
Stormwater Pollutio ention P n, PP)
for the oroiect must ' of ente
iwn bears the
lity fo leme of the
SWP3 otific of all
s and utility ies on te.
Pollution Pretkntion Plans.
.implement of Stormwater
on Pla r construction
activity shall
(1) Implementation
(a) Installation and Maintenance. BMPs
shall be installed and maintained by
qualified persons. The owner
/devele ec or their representative
shall be -able --to provide upon the City
Engineer's request a copy of the
SWPPP SWP3 on site and shall be
prepared to respond to unforeseen
maintenance requirements of specific
BMPs.
CD170:11
(b) InnnncHnn The n nrdnvolopor/huildnr
I within 21 hnnrn aftnr a rainfall of n
no
half of an inch or morc an moacurod at
the site or generally reported in thc
Fayottovil?o area
A qualified inspector, (provided by the
s must be ins
that such in
Ible.The inspe
:ed at least once
lend of a storm that is 0.
greater as measured at
generally reported in the v
site. A rain gauge must bi
on -site.
A report shall be prepared for each
inspection summarizing the scope of the
inspection; name(s), title(s) and
qualifications of personnel making the
inspection; the date of the inspection;
amount of rainfall and days since last
rain event, BMPs on -site; observations
relating to whether BMPs are in working
order and whether maintenance is
required (when scheduled and
completed); the locations and dates
when major construction activities begin,
occur, or cease; and the signature of the
inspector. The reports shall be retained
as part of the stormwater pollution
prevention plan for at least three (3)
years from the date the site isfinally
stabilized and shall be made available
upon request to the City.
(c) Modifications. Based on inspections
performed by the owner/developer/
builder or by authorized City personnel,
modifications to the SWPPP SWP3 will
Fayetteville Code of Ordinances
be necessary if at any time the specified
BMPs do not meet the objectives of this
(C) Rear lot drainage easements. = .'Rear lot drainage
chapter. In this case, the
easements for nonstructural grassed swales shall
owner/developer/builder or authorized
nt overlap utility easements with "above ground
representative shall meet with
stru0tures, Fe electric transfonners,'gas meters,
authorized City personnel to determine
communication junctions, etc.
the appropriate modifications. All
modifications shall be completed within
(D) ' FinalP/at. The -Final" Plat shall include, the
seven (7) days of the referenced
approved master drainage plan to be filedas a
inspection, except in circumstances
supplemental document.The scale ,shall be
necessitating more timely attention, and
legible and approved by the City Engineer.
shall be recorded on the owner's copy of
.k
the SWPPP SWPS.
170.12 1 & 2 Family Residential
Requirement
(D) Requirements for Utility Construction
(A) t&42 Family residential; and Sites under One
(1) Utility agencies shall be responsible for
Acre. All resrd'pntial lots must maintain; properly
compliance with the requirements this
Instated erosion and sediment, control rpeasures
chapter.
rum the beginning of construction until slope
vation andior`" Is established
aitwvegetation in
(2) Utility agencies shall develop and implement
per to prevent tie and sediment from "going
Best Management Practices (BMPs) to
prevent the discharge of pollutants on any
b' toUlesire
offslteet.
site of utility construction within the City. in
( q pdx4ding permit application contain
addition, the City may adopt and impose
sufficient site drainage information to determine
BMPs on utility construction activity.
whether the 'project complies with the
(3) Utility agencies shall implement B
requirements of'this :chapter.
prevent the release of sediment from ty
CIf the Final of the Subdivision, in which the
construction sites. Disturbed areas sha
"roposad, building is located, includes an
minimized, disturbed soil shall be mans
approved master drainage plan, this plan shall be
and construction site s shall
""d
included in the building permit application and the
managed to prey tracking.
individual lot drainage plan :_shall follow the
Excessive sedi acked public
master drainage plan.
streets shall be ed immedia
(4) Prior to enteri onstruction si
170:1310 Stormwater Pollution
subdivision dev nt, utility ge
-•-
shall have obtain the wne a�oy^,.
evention
any SWPPPs ject. An
di Ps re from utility (A) Prohibitions
ction repai ediately
e utility corn .' coin with the
(1) Illicit discharges are prohibited. An illicit
SWPPP SWP3.
discharge is a storm drain that has
measurable flow containing pollutants and/or
(Ord. 9-05-06)
pathogens. No person shall discharge
anything but uncontaminated stormwater,
170.11 Preliminary Plat, Lo
into the storm drainage system. Common
Requirements
stormwater contaminants include trash, yard
waste, wastewater, oil, petroleum products,
cleaning products, paint products, hazardous
(A) Preliminary Plats. Preliminary Plats shall include
waste and sediment.
waste
a master drainage plan for each lot related to the
proposed infrastructure and adjacent lots,
(2) Illicit connections are prohibited. Illicit
(B) Preliminary Plats for Residential Subdivisions:
connections are any drain or conveyance
which allows an illicit discharge to enter the
Preliminary Plats for residential subdivisions shall
storm drainage system. This prohibition
provide detailed drainage information including
includes illicit connections made in the past,
flow arrows and design spot elevations including
regardless of whether the connection was
the proposed finish floor elevation meeting the
permissible at the time of connection.
Arkansas Fire Prevention Code for building
safety regulations for;. positive drainage of each
(3) No person shall connect a line conveying
lot,
sanitary sewage, domestic sewage or
CD170:12
TITLE XV UNIFIED DEVELOPMENT CODE
industrial waste, to the storm drainage
system, or allow such a connection to
continue.
(B) Exemptions. The following non-stormwater
discharges are acceptable and not a violation of
this chapter:
(C)
(1) A discharge authorized by an NPDES permit
other than the NPDES permit for discharges
from the MS4;
(2) Uncontaminated waterline flushing and other
infrequent discharges from potable water
sources;
(3) Infrequent uncontaminated discharge from
landscape irrigation or lawn watering;
(4) Discharge from the occasional non-
commercial washing of vehicles within zoned
residential areas;
(5) Uncontaminated discharge from foundation,
footing or crawl space drains, sump pumps
and air conditioning condensation drai
(6) Uncontaminated groundwater;
(7) Diverted stream flows and natural rip
habitat or wetland flows;
(8) A discharge or flow Xeg
that does not oisubstances or Is.(9) Any other ormwdetermined by the nai
rivate Drainage S
er of any private
N
the system to
of pollutants.
, but is not
of
from
e. The
s shall
or re ce the
maintenance
to, sediment
maintenance
oval of debris
(2) Minimization oT Irrigation Runoff.
Concentrated flow of irrigation water to the
storm drainage system is prohibited.
Irrigation systems shall be managed to
reduce the discharge of water from a site.
(3) Cleaning of Paved Surfaces Required. The
owner of any paved parking lot, street or
drive shall clean the pavement as required to
prevent the buildup and discharge of
pollutants. The visible buildup of mechanical
fluid, waste materials, sediment or debris is a
violation of this chapter. Paved surfaces
shall be cleaned by dry sweeping, wet
vacuum sweeping, collection and treatment
of wash water or other methods in
compliance with this Code. Material shall not
be swept or washed into the storm drainage
system. This section does not apply to
pollutants discharged from construction
activities.
(4) Maintenan Equipment. Any leak or spill
related pment maintenance in an
outdo vered area shall be contained
to 'n he potential release of pollutants.
V hinery and equipment must be
aine uce leaking fluids.
Materials Sto In addition to other
requirements of th e, materials shall be
stored to prevent t tential release of
pollut nis. The uncov utdoor storage
of aled containe hazardous
ces is prohibited.
s, Herbicides and Fertilizers.
s, herbicides and fertilizers shall be
in accordance with manufacturer
ndations and applicable laws.
&aoolication shall be avoided.
rainage Channel Maintenance. Every
p owning or occupying property
through which an open drainage channel
passes shall prevent trash, debris, excessive
vegetation, and other obstacles from their
property from entering the drainage channel.
Release Reporting and Cleanup. Any person
responsible for a release of materials which are
or may result in illicit discharges to the storm
drainage system shall take all necessary steps to
ensure the discovery, containment, abatement
and cleanup of such release. In the event of such
a release of a hazardous material, said person
shall comply with all state, federal, and local laws
requiring reporting, cleanup, containment, and
any other appropriate remedial action in
response to the release.
(E) Authorization to Adopt and Impose Best
Management Practices. The City may adopt and
impose a Best Management Practices Manual
and requirements identifying Best Management
Practices for any activity, operation, or facility,
which may cause a discharge of pollutants to the
storm drainage system- Where specific BMPs
are required, every person undertaking such
activity or operation, or owning or operating such
facility shall implement and maintain these BMPs
at their own expense.
CD170:13
Fayetteville Code of Ordinances
(Ord. No. 4855, 4-18-06; Ord. 4920, 9-05-06)
170.14-170.99 Reserved
CD170:14
NORTHWEST ARKANSAS
NEWSPAPERSL-c
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers 010? 9 ti 9fld
Northwest Arkansas Times
Benton County Daily Record Cl2AI3D2≥{
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
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 5336
August 19, 2010
Publication Charge : $ 129.70
Signed: __fl 121 tI
—------------
Subscribed and sworn to before me
Thisatiday of I�Jg��k , 2010.
Notary Public
Jim Mears
Washington County
My Commission Expires: Commission Number 12374647
Notary Public - Arkansas
My Commission Expiros Jan. 20, 2020
Do not pay from Affidavit, an Invoice will be sent