HomeMy WebLinkAboutOrdinance 5431 ORDINANCE NO. 5431
AN ORDINANCE TO AMEND SECTIONS OF CHAPTER 169: PHYSICAL
ALTERATION OF LAND AND CHAPTER 170: STORMWATER
MANAGEMENT,DRAINAGE AND EROSION CONTROL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals the
following sections or subsections in Chapter 169: Physical Alteration of Land and enacts
replacement sections or subsections as shown in Exhibit A:
§169.02(A); §169.06(A) and (F)(3) and §169.12.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals the
following sections or subsections in Chapter 170: Stormwater Management, Drainage and
Erosion Control and enacts replacement sections or subsections as shown in Exhibit B:
§170.08(C) and(D); §170.10 (A)(3)and(6) and §170.12(B).
PASSED and APPROVED this 16s'day of August, 2011.
APPROVED: ATTEST:
By-
O ELD JORD ayor SONDRA E. SMITH, City Clerk/Treasurer
TR
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;FAYILLE;
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EXHIBIT A
TITLE XV'UNIFIED, E\FELOPIVIENT COME
CtAPTEFt 1.G : PHYSICAL ALTERAT#ON.O.F 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 RESOURCES..................................................................................12
169.12 CERTIFICATE OF OCCUPANCY .................................................................................................12
169.13 OWNER RESPONSIBILITY...........................................................................................................13
169.14-169.99 RESERVED.........................................................................................................................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,
safety, and welfare of Fayetteville citizens by (A) Permit required. No grading, filling, excavation,
implementing standards and procedures for the or land alteration of any kind shall take place
physical alteration of land. It is not the city's without first obtaining:
intent to supersede federal or state regulations
such as, but not limited to, the Occupational (1) A grading permit pursuant to this chapter
Health&Safety Act. except as specified in §169.03(B);
(B) The purpose of this chapter is to control grading, (2) A stormwater management, drainage and
clearing, filling, and cutting (or similar activities) erosion control permit(hereinafter referred to
which alone or in combination cause landslides, as a"drainage permit')except as specified in
flooding, degradation of water quality, erosion §170.03(C)and§170.03(D); and
and sedimentation in storm sewer systems and
water storage basins. It is also the intent of this (3) An Arkansas Department of Environmental
chapter that through the implementation of the Quality Stormwater Construction Permit and
guidelines and regulations contained herein, the incorporated Stormwater Pollution
existing scenic character and quality of the Prevention Plan, if required by state law.
neighborhood and city as a whole not be
diminished. (4) A grading permit is required by the City for
any development occurring within the
(Code 1991,§161.01;Ord.No. 3551,6-4-91;Ord. No.4100, Hillside/Hilltop Overlay District boundaries. If
§2 (Ex.A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. 5336, a parcel of land is divided by the
8-3-10) Hillside/Hilltop Overlay District boundary,
169.02 General Requirements then only that portion of land lying within the
q boundary is subject to the requirements of
this chapter.
(A) Protection. Persons engaged in land alteration
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. Adjacent and following:
nearby properties affected by land alterations
shall be restored in accordance with the (1) Excavation below finish grade. Excavations
requirements of this Chapter. below finished grade for basements,
swimming pools, hot tubs, septic systems,
(B) Site conditions. Development shall generally retaining walls under 4 feet in height, and
conform to the natural contours of the land, like structures authorized by a valid building
natural drainage ways, and other existing site permit.
conditions.
(2) Cemetery graves. Cemetery graves.
(C) Adjacent properties. All developments shall be
constructed and maintained so that adjacent (3) Refuse disposal. Refuse disposal sites
properties are not unreasonably burdened with controlled by other regulations.
surface waters as a result of such development.
More specifically, new development may not (4) Single-family/duplex. Construction of one
unreasonably impede water runoff from higher single-family residence or duplex per lot, not
properties nor may it unreasonably channel water located within the 100 year flood plain, the
onto lower properties. Hillside/Hilltop Overlay District, or on a slope
(D) Restoration. Land, shall be revegetated and 15%or greater.
restored as close as practically possible to its (5) Building additions. Building additions of less
original conditions so far as to minimize runoff than 2,000 square feet where associated
and erosion are concerned. Previously forested land alteration activities are not beyond the
areas shall follow the City's Landscape Manual scope of what is necessary to construct said
for mitigation of forested areas. addition and are not located within the 100
year flood plain, the Hillside/Hilltop Overlay
(Code No. 1991, §161.02; Ord. No. 3551, 6-491; Ord. No. District,or on a slope 15%or greater.
4100, §2(Ex.A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord.
4855,4-18-06;Ord.5336,8-3-10)
CD169:3
Fayetteville Code of Ordinances
(C) Grading permit application and approval. No
grading permit shall be issued until the grading (2) Where construction activity will resume on a
plan, endorsed by a registered architect, portion of the site within 21 days from when
landscape architect, or engineer, is approved by activities ceased, (e.g. the total time period
the City Engineer. A separate permit shall be that construction activity is temporarily
required for each site; it may cover both ceased is less than 21 days) then
excavations and fills. Grading permits may be stabilization measures do not have to be
issued jointly for parcels of land that are initiated on that portion of the site by the 141"
contiguous, so long as erosion control measures day after construction activity temporarily
are in place until project completion. Any ceased.
application for a required grading permit under
this chapter shall be submitted concurrently with (3) Stabilization practices may include:
the application and calculations for a drainage temporary seeding, permanent seeding,
permit if such a drainage permit is required by mulching, geotextiles, sod stabilization,
§170.03., coordination with Chapter 167. Tree vegetative buffer strips, protection of trees,
Preservation and Protection is required. and preservation of mature vegetation and
other appropriate measures. See Chapter
(D) Permit posted. A copy of the grading permit 167 of the UDC for tree protection
cover page shall be posted at or near the street 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;Ord.5336,8-3-10) altered unless adequate guarantees are made for
9.04 Minimal Erosion Control erosion and sedimentation control both during
16
16uirements 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 sail in the event that debris, mud,
by the 141h 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;Ord.5336,8-3-10)
CD169:4
TITLE XV UNIFIED DEVELOPMENT CODE
169.05 One-Time Approvals the City Engineer for purposes of assessing
safety, stability, and drainage problems:
(A) Utilities. Public and private utility organizations (See illustrations).
may obtain a one-time approval from the City
Engineer for all routine underground electric, (a) Setback from top or toe of cut or fill.
water, sewer, natural gas, telephone, or cable Buildings shall be setback from the top
facilities. The approval will include a utility or toe of a cut or fill in accordance with
organization and its contractors, agents, or Zoning, Chapters 160 through 165;
assigns and will be permanent in nature as long Building Regulations, Chapter 173; or
as the original approved procedures are followed. the approved grading plan, whichever is
greatest.
(B) Stockpiling materials. One-time approval may be
obtained by public or private entities for the (b) Setbacks from property lines. The
stockpiling of fill material, rock, sand, gravel, required setback of retaining walls, cut
aggregate, or clay at particular locations, subject slopes, and fill slopes from property
to Zoning,Chapters 160 through 165. lines shall be as given in the
illustrations. Property lines may be filled
(Code 1991,§161.05;Ord. No. 3551,6-4-91;Ord.No.4100, over or cut if a grading plan for the cut
§2(Ex.A),6-16-98;Ord.5336,8-3-10) or fill is submitted jointly by the owner of
both properties or with written
169.06 Land Alteration Requirements permission from the adjacent property
owner and if no utility easements are
(A) Applicability. This section shall apply to all land involved. If utility easements are
alteration activities, including those that do not involved, approval is required as given
require a grading permit. in (c) below in addition to the joint
submittal requirement.
(B) Requirements vaned. Variances of this chapter's
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 utilities, in writing, then
(C) CutorMslopes. easements may fall within a cut or fill
section.
(1) Finish grade. Cut or fill slopes shall have a
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 forms 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
the variance.
(4) Setback requirements. The following
setback requirements shall be reviewed by
CD169:5
Fayetteville Code of Ordinances
(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, storm
(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 may 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) RocksIffil. 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 buffer strips, wattles, or
demonstrating slope stability, erosion silt fence shall be provided immediately for
control, and drainage control is provided stockpiles and remain in place until other
together with a re-vegetation plan. stabilization is in place. Stone drain inlets
must be protected from potential
CD169:6
TITLE XV UNIFIED DEVELOPMENT CODE
sedimentation from storage piles by silt Hillside/Hilltop Overlay District shall be
fence or other appropriate barriers. planted immediately after the physical
alteration of the land with complete and
Properly stabilized topsoil stockpiles may be uniform ground cover. Sod, erosion
used for sedimentation control, 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
§169.06(F)(5)above.
(c) 10:1 up to 4:1 grade: Re-vegetation
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 4D ercent
If Cribbing, Terracing, or Riprap is used, 15 to 20 percent 50 percent
the slope's stability and erodibility must >20 percent 60 percent
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
CD169:7
Fayetteville Cade of Ordinances
tree canopy pursuant to§167.04(C). Planned Zoning
Districts shall show undisturbed areas, but may be
approved by the City Council with lesser percentages
of undisturbed area than required above.
(H) Required retaining wall and rock cut design.
(1) Designlnspection. Any retaining wall more
than four feet in height shall be designed by
a registered professional engineer, and shall
be field inspected by the design engineer.
The design engineer shall provide proof of
inspection and certify that the wall was
constructed in conformance with the design.
The City Engineer may require retaining
walls less than four feet in height to be
designed by a professional engineer.
(2) Investigation/report. All proposed rock cuts
and any cut or fill 10 feet or greater will
require a geotechnical investigation and a
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 3:1) 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, §t, 8-18-98; Ord. No.
4855,4-18-06;Ord.5336,8-3-10)
CD169:8
TITLE XV UNIFIED DEVELOPMENT CODE
L E G E N D
NOTES
---------------- EXISTING GROUND 1, WRITTEN PERMISSION FROM ADJACENT PROPERTY OWNER
IS REQUIRED TO FILL OR EXCAVATE OVER EXISTING
°- PROPERTY OR EASEMENT LINE PROPERTY LINES.
PROPOSED GROUND 2. CONSTRUCTION LIMITS INDICATED ARE FOR INITIAL
—
CONSTRUCTION LIMITS CONSTRUCTION'; RECONSTRUCTION,' OR MAINTENANCE OF
THE STRUCTURE IN THE FUTURE.
S81 MINIMUM SETBACK FROM PROPERTY LINE DOWNHILL 3. REVIEW-ZONING -&BUILDINGSETBACK REQUIREMENTS,
S132 MINIMUM SETBACK FROM PROPERTY LINE UPHILL DEFER TO WHICHEVER MAY BE GREATER.
TB TIE BACK 4, MINIMUM SLOPE AND DISTANCE FROM THE STRUCTURE
S SLOPE PER STATE BUILDING CODE MUST NOT BE VIOLATED.
'F1 FOUNDATION DOWNHILL 5. REFER TO THE OSHA TECHNICAL.MANUAL SECTION 5
CHAPTER 2 FOR SOIL TYPES AND SLOPE EXCAVATION TO
Fz FOUNDATION UPHILL DETERMINE THE LIMITS OF CONSTRUCTION.
Cl LIMITS, OF CONSTRUCTION-DOWNHILL
Cz LIMITS-OF CONSTRUCTION—UPHILL
.Sag. PL S92.
PLE
'
BELOW
PL
SBi
1 —_' ' +' �1PL
SBL* FILL SLOPE
3 (max) 2' Flatter Than 5:1
8' Greater Than 3-1
Downhill OUT SLOPE Uphill Downhill FILL SLOPE Uphill
PL PL
PL PL
SBL. SB,2 SBg 5132.
5' .C2 .5' 5'
- Soe N01B 1
See Nate 1 /
_- F2 - _ Ft F2 _ __-----_-
C2 Limits of C2=Llmits of
Construction Corlstru Ction
See Nota, 5: See Note 5
SBI= Ft +5' 'RETAINING WALL SB2= C+5' SBI Fi +5' RETAINING' WALL S82= C+5'
Downhill CUT SLOPE Uphill Downhill .FILL SLOPE Uphill
PL 313SB2 PL PL PL
561 582
5' C2 5' 5' Cz 1'
i6 �
:Bea-N'ote 1 -
q Ff
C2=Limits of C2=111mits of
Construction Construction
BLOCK RETAINING WALL See Note 5'. See Nate.5
SBi= F1 GUT SLOPE SB2— C+5` SBI— F1 +5' BLOCK RETAINING WALL S82— C+5'
Downilll. Downhill PILL SLOPE
Uphill. .Uphill
CD169:9
Fayetteville Code of Ordinances
S62 SB2
Sgt AR to'
ss
Existing I I
5' Structures SEE
BELOW IT ,,, Uphill
Uphill SBI* FILL SLOPE
❑ tee 4 5' Flatter Than 3:1
(typ) 10' 3:1 To 2:1
Downhill CUT SLOPE—
4H/3. Greater Than 2:1
EXISTING STRUCTURES FILL. SLOPE—
EXISTING STRUCTURES
LOPE—EXISTING. .STRUCTURES
D=5' For Existing.
D=2' For Proposed
SB2
s6z C2 D"*
C2 5
' H Fz—� F
C =Limits. of See C =Limits of
Fj note 4
Construction Construction
RETAINING WALL See .Note 5 (tYP) See Note 5.
SBi= H*4/3 WITH STRUCTURES SB2= C+5' SBi H*4/3 WITH INING WALL
STRU TURES SB2= C+5'
Downhill CUT SLOPE Uphill Downhill FILL SLOPE Uphill
D=5' For Existing
D=2' For Proposed
SB2 S62
C2 5' C2 D*
TB - _ TB,
F' _tel
Fi See,
C =Limits of note 4 Cy=Limits' of
Construction (typ) Construction
See Note 5'. See Note 5
SBt= H*4/3 BLOCK RETAINING WALL SB2 C+5' SBi H*4/3 BLOCK RETAINING WALL SB C+5'
WITH STRUCTURES WITH STRUCTURES 2
Downhill CUT SLOPE Uphill Downhill FILL SLOPE Uphill
CD169:10
TITLE XV UNIFIED DEVELOPMENT CODE
169.07 Grading Plan Specifications
(12)Acreagehoning. 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.
(17)Runoff/sedimentation. Specification of
(4) Identify land to be disturbed. Land areas to measures to control runoff and
be disturbed shall be clearly identified. sedimentation during construction indicating
what will be used such as straw bales, silt
(5) Engineer/architect. Seal of a registered dams, brush check dams, lateral hillside
engineer, architect, or landscape architect ditches, catch basins, and the like.
certifying that the plan complies with this
chapter. (18)Preliminary plat master build-out grading
plan. The applicant shall prepare a master
(6) Cuts and fills. All cuts and fills, including grading plan to be followed during individual
height and slope, shall be clearly shown on lot development to convey runoff to a public
the plan. drainage easement or right of way. In
addition to the requirements of 169.07 A, the
(7) Streets and rights-of-way. Location and following shall be required for individual lot
names of all existing or platted streets or drainage design:
rights-of-way within or adjacent to tract and
location of all utilities and easements within (a) Identify lot lines and conceptual foot
or adjacent to the property shall all be print of residence.
indicated.
(b) Establish the minimum finish floor and
(8) Lot/building, etc. identification. The grading adjacent to the residential
proposed location of lots, buildings, streets, structure in accordance with Chapter
parking lots and parks, playgrounds or green 173 Building Regulations and the
space shall be indicated. Also to be Arkansas Fire Prevention Code.
indicated is any existing or proposed building
within 100 feet of the site. (c) Indicate individual lot drainage with the
use of spot elevations and flow arrows.
(9) Soil type. Soil types shall be identified
according to the Unified Soil Classification (i) The minimum slope of the flow path
System. from the top of curb, top bank, or
approved drainage inlet to the high
(10)Natural features. Location of natural point of the final graded lot shall be
features such as drainage ways, ponds, rock at a minimum of 2% for grassed
outcroppings, and tree cover. Indication of surfaces.
100 year floodplains as defined by FEMA.
(ii) In general, drainage should be
(11)Streets and drainage ways. Profiles and routed on the shortest practicable
cross sections for proposed streets and flow path to the public right of way
drainage ways. or drainage easement.
CD169:11
Fayetteville Code of Ordinances
(d) Non structural grassed swales for rear
lot drainage concentration is
discouraged and shall not be installed in
combination with a utility easement.
(a) Utility Easements shall be graded and
shaped in accordance with the master
build -out grading plan during preliminary
plat construction.
(1) Provisions will be considered to
accommodate positive drainage
until build -out occurs.
(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 section
through the property showing existing and
proposed grades as part of the preliminary
submission.
The following additional required information may
be reported in text rather than shown on the
grading plan.
(1) Time schedule. A time schedule indicating
the anticipated starting and completion dates
of the development sequence and time of
exposure of each area prior to stabilization
measures.
(2) Description / fill material / compaction.
Description of quantity (in cubic yards),
source, and composition of imported fill
material and compaction specifications.
Also, note the quantity (in cubic yards) and
destination of excavation materials to be
removed from the site.
(3) Dust. Where excessive dust may become a
problem, a plan for spraying water on heavily
traveled dirt areas shall be addressed.
(4) Soils 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, 64-91; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4113, 8-18-98; Ord. No. 4855,
4-18-06; Ord. 5336, 8-3-10)
169.08 Grading Plan Submittal
(A) Preliminary grading plan. A preliminary grading
plan shall be submitted at the time of preliminary
plat submission for subdivisions or plat
submission for large scale development,
whichever is applicable.
(B) Final grading plan. No subdivision may be
finalized, nor large scale development plat
approved before a final grading plan has been
submitted to the City Engineer and approved.
The final grading plan and the final plat of land
located within the Hillside/Hilltop Overlay District
shall have the following plat note stating:
'Property and lot owners of lands located within
the Hillside/Hilltop Overlay District shall have
foundation plans designed, approved and sealed
by a professional architect or engineer.
(C) A copy of the Stormwater Pollution Prevention
Plan (SWPPP) is required to be submitted with
the grading plan for sites one acre or larger.
(D) In cases where neither subdivision plat, nor LSD
plat is applicable, proof of notification of adjacent
property owners and grading plan must be
submitted simultaneously with the application for
a grading permit.
(Code 1991, §161.09; Ord. No. 3551, 6-4-91; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord. 5308, 3-
16-10; Ord. 5336, 8-3-10)
Cross references) --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.
(Ord. 5336, 8-3-10)
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; Ord. 5336, 8-3-
10)
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, 64-91; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. 5336, 8-3-10)
169.12 Certificate Of Occupancy
All re -vegetation and grading plan improvements shall
be in place before a certificate of occupancy shall be
TITLE XV UNIFIED DEVELOPMENT CODE
issued, including cleanup and restorationlrevegetation
of adjacent and nearby property affected by
construction activities.. 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; Ord. 5335, 8-3-10)
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
the property is fully stabilized. If property is
transferred anytime between the onset of
development and at the time it is fully stabilized, all
responsibility and liability for meeting the terms of the
chapter shall be likewise transferred to the new
property owner.
(Code 1991, §161.16; Ord. No. 3551, 6-4-91; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. 5336, 8-3-10)
169.14-169.99 Reserved
CD169:13
EXHIBIT B
TITLC'
CHAPTER 170. STQRMWATER NIANAG MENT, DRAINAGE AND
E�DE�N CDNTRQL.
170.01 INTENT..............................................................................................................................................3
170.02 ADOPTION OF DRAINAGE CRITERIA MANUAL..........................................................................3
170.03 PERMITS REQUIRED.......................................................................................................................3
170.04 DRAINAGE PERMIT CONDITIONS.................................................................................................4
170.06 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................................................................................................8
170.10 STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES........................................8
170.11 PRELIMINARY PLAT, LOT REQUIREMENTS..............................................................................10
170.12 1 & 2 FAMILY RESIDENTIAL REQUIREMENTS..........................................................................11
170.13 STORMWATER POLLUTION PREVENTION................................................................................11
170.14-170.99 RESERVED.........................................................................................................................12
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 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 stormwater.
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, 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord.
4920, 9-05-06; Ord. 5336, 8-3-10)
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, §t, 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 09-05-06; Ord. 5336,
8-3-10)
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
written notice of insufficiency or
incompleteness.
CD170:3
Fayetteville Code of Ordinances
(2)
Deadline for the revised application. A stop
stormwater flows on the site, or runoff from
work order for all grading on the project shall
the site.
be issued by the City Engineer if a revised
application is not submitted within four (4)
(5) Agriculture. Bona fide agricultural pursuits,
weeks of receipt by applicant of the written
for which a soil conservation plan has been
notice of insufficiency or incompleteness.
approved by the local Soil and Water
However, the City Engineer may delay
Conservation District.
issuance of the stop work order if the City
Engineer determines that the applicant has
(6) Emergency. Action taken under emergency
demonstrated prior to the deadline that
conditions, either to prevent imminent harm
circumstances not reasonably foreseeable
or danger to persons, or to protect property
and beyond the applicant's reasonable
from imminent danger of fire, violent storms,
control prevented his timely resubmission of
or other hazards.
a sufficient and complete revised drainage
permit application.
(E) Compliance with chapter provisions. Although a
specific permit is not required for these particular
(3)
Insufficient or incomplete revised application.
circumstances, this exception does not exempt
A stop work order for all grading on the
the owner/developer/builder from complying with
project shall be issued by the City Engineer if
the pollution prevention and erosion and
the revised application is determined by the
sediment control provisions of this chapter.
City Engineer to be still insufficient or
incomplete.
(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.
(4)
Stabilization and revegetation after stop work
4920, 9-05-06; Ord. 5336, 8-3-10)
order. If a stop work order is issued pursuant
to §170.03 (C) (3), the applicant shall
170.04 Drainage Permit Conditions
stabilize and revegetate all graded and
Each permit issued shall be subject to the following
otherwise disturbed areas as set forth in
conditions.
§169.06(F)(6) and §169.04(B).
(A) Area. The development, including associated
(5)
Termination of stop wank order. Any stop
construction, shall be conducted only within the
work order issued pursuant to §170.03 (C)
area specified in the approved permit.
(2) or §170.03 (C) (3), shall expire upon the
issuance of a drainage permit and
(B) Execution. Activities requiring a stormwater
compliance with any conditions contained in
management, drainage, and erosion control
the drainage permit.
permit shall not commence until the drainage
permit is approved. The approved drainage
(D) Exceptions where no drainage permit is required.
permit shall be on file with the city and a copy on
Drainage
permits are not required for the
file with the contractor for review and inspection
following:
upon request.
(1)
Single-family/duplex. One single-family
(C) Inspections. A schedule of inspections to be
residence or duplex . A drainage permit is
carried out during the construction phase of
not required. See Section 170.12 for
permitting shall be established as conditions to
building permit submittal requirements.
the permit.
(2)
CommercialAndustrial. One commercial or
(D) Duration.
industrial project built on an individual lot that
is part of a larger subdivision that has been
(1) Unless revoked or otherwise modified, the
issued an approved drainage control permit
duration of a drainage permit issued
when the proposed project is demonstrated
pursuant to this chapter shall be one year.
to be in compliance with the overall
subdivision drainage permit.
(2) If the permitted project discharge structure is
not completed prior to expiration, the
(3)
Existing commercialfindusfifal. Existing
drainage permit duration can be extended to
commercial and industrial structure where
cover the project duration, subject to
additional structural improvements are less
approval of the City Engineer.
than 2,000 square feet.
(E) Maintenance. Maintenance activities, as specified
(4)
Maintenance. Maintenance or clearing
in the approved maintenance plan, shall be
activity that does not change or affect the
executed routinely, with scheduled reporting to
quality, rate, volume, or location of
the City Engineer.
CD170:4
TITLE XV UNIFIED DEVELOPMENT CODE
(3)
Land use map. Land use map showing both
(F) Modifications. If the activity authorized by the
current and proposed conditions for the
permit is not completed according to the
drainage area that contributes runoff.
approved schedule and permit conditions, the
City Engineer shall be notified. For revisions
(4)
Soils and vegetation map. Soils and
resulting in a schedule extension of more than 30
vegetation map displaying the most recent
days, or if deviations from the permit conditions
U.S. Soil Conservation Service information
are expected to occur, approval of a permit
and encompassing both the project area and
modification is required by the City Engineer.
the drainage area that contributes runoff.
(G) Transfer. No transfer, assignment, or sale of the
(5)
Grading, drainage, paving, building
rights granted by virtue of an approved permit
drawings. Proposed grading, drainage,
shall be made without prior written approval from
paving, and building drawing(s) showing
the City Engineer.
details of proposed grading, drainage,
paving, and buildings.
(H) Special. Any additional special conditions, as
deemed appropriate by the City Engineer, shall
(6)
Erosion and sediment drawings. Erosion and
be established to address specific project needs
sediment control drawing(s) and
or circumstances.
specifications identifying the type, location,
and schedule for implementing erosion and
(Code 1991, §163.05; Ord. 3895, §1, 6-20-95; Ord. No.
sediment control measures, including
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06; Ord. 5336, 8-
appropriate provisions for maintenance and
3-10)
disposition of temporary measures.
170.05 Drainage Permit Application
A storm water management, drainage, and erosion
control permit application shall be submitted to the
City Engineer using appropriate forms as provided by
the city. A permit application shall contain sufficient
information and plans to allow the City Engineer to
determine whether the project complies with the
requirements of this chapter. The specific items to be
submitted for a permit application shall be in the form
and follow the procedures as described in the
Drainage Criteria Manual, Section 1, Drainage Report
Checklist. Submittal information and plans shall
include, but not be limited to the following:
(A) Applicant identification. Applicant information,
including the name, address, email, and
telephone number of the owner and developer,
and proof of ownership of the property to be
permitted. In addition, the legal description of the
property shall be provided, and its location with
reference to such landmarks as major water
bodies.
(B) Plan. Stormwater management, drainage and
erosion control plan, shall include, but not be
limited to the following:
(1) Aerial photograph. Aerial photograph of the
project vicinity, covering the project area and
the total lands that contribute runoff.
(2) Topographic map. Topographic map of the
project area showing the location and
elevation of benchmarks, including at least
one benchmark for each control structure.
CD170:5
(7) Technical report. Technical report, prepared
by a registered professional engineer,
describing the assumptions, calculations,
and procedures used for determining
compliance with the performance criteria
established by this chapter.
(8) Maintenance report. Maintenance report
(text and drawings), prepared by a registered
professional engineer, describing the
activities and schedule required to operate
and maintain the permitted facilities until
accepted by the city.
(Code 1991, §163.06; 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; Ord. 5336, 8-3-10)
170.06 Submission, Review, And
Approval Of Plans
(A) General. The stormwater management, drainage,
and erosion control plans shall be prepared by
the engineer of record, who is a licensed
professional engineer of the State of Arkansas.
(B) Pre -preliminary drainage plan and review. A pre -
preliminary stormwater management, drainage,
and erosion control plan review with the
engineering staff is suggested before platting, re -
plats, lot splits, building permits, and/or
development improvements begin for the
purpose of overall general drainage concept
review.
(C) Preliminary stormwater and drainage plan.
Preliminary stormwater management, drainage,
and erosion control plans and accompanying
Fayetteville Code of Ordinances
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; Ord. 5336, 8-
representative of the developer, including the
3-10)
engineer, to review the overall concepts included
in the preliminary stormwater management,
170.07 Performance Criteria
drainage, and erosion control plan. The purpose
of this review shall be to jointly agree upon an
(A) Storm water management, drainage, and erosion
overall stormwater management concept for the
control plan. Stormwater management, drainage,
proposed development and to review criteria and
and erosion control plans shall be prepared in
design parameters that shall apply to final design
accordance with performance standards that
of the project.
have been structured to achieve the purposes
and objectives of this chapter as well as to
(D) Final stormwater management; drainage, and
ensure that the quality and quantity of runoff after
erosion control plan. Following the preliminary
development is not substantially altered from
stormwater management, drainage, and erosion
predevelopment conditions.
control plan review, the final stormwater
management drainage, and erosion control plan
(B) Performance criteria. Except as otherwise
shall be prepared for each phase of the proposed
provided in this chapter, a development must be
project as each phase is developed. The final
designed, constructed, operated, and maintained
plan shall constitute a refinement of the concepts
to comply with the following performance criteria:
approved in the preliminary stormwater,
drainage, and erosion control plan, with
(1) Flood Damage Prevention Code. Provisions
preparation and submittal of detailed information
for floodplain management criteria shall be
as required in the Drainage Criteria Manual. This
consistent with those contained in Chapter
plan shall be submitted at the time construction
168, the Flood Damage Prevention Code.
drawings are submitted for approval.
(2) Peak discharge. The post -development peak
(E) Review and approval of final stormwater
rate of surface discharge must not exceed
management, drainage, and erosion control
the existing discharge for the 100 year, 24
plans. Final stormwater management, drainage,
hour storm, the 10 year, 24 hour storm, and
and erosion control plans shall be reviewed by
the 2 year, 24 hour storm, unless other
the City Engineer. If it is determined according to
discharge limits are deemed applicable for a
present engineering practice that the proposed
specific site by the City Engineer.
development will provide control of stormwater
runoff in accordance with the purposes, design
(3) Low Impact Development. Use of Low
criteria, and performance standards of these
Impact Development design strategies, as
regulations and will not be detrimental to the
described in Chapter 179, to attenuate lesser
public health, safety, and general welfare, the
storms and more closely mimic
City Engineer shall approve the plan or
predevelopment hydrology is encouraged.
conditionally approve the plan, setting forth the
conditions thereof.
(4) Direct Discharge. Direct Discharge of a pipe
into streams and/or floodways is not allowed.
(F) Off -site improvements. If it is determined that
A stilling basin or other structure that will
offsite drainage improvements are required, and
collect sediment, trash, etc and that will
that such specific off -site drainage improvements
reduce the likelihood of erosion in the
are consistent with the city's current and
receiving stream due to discharge from the
established priorities, then cost sharing will be in
pipe shall be installed at pipe discharges into
accordance with "Required Off -site
streams and/or floodways.
Improvements." If the city is unable, or unwilling,
to contribute its share of the off -site costs, the
(5) Erosion and channel stability. All stormwater
developer shall have the option of:
management systems shall be evaluated
based on their ability to prevent erosion and
(1) Developer's expense. Building the off -site
sedimentation of the receiving waters and
improvements at his/her own expense;
adverse impacts on the site's natural
systems. The design engineer shall consider
(2) Detention. Providing detention so as to
the on -site and downstream effects of the
match downstream capacities; or
peak discharges and shall design both the
CD170:6
TITLE XV UNIFIED DEVELOPMENT CODE
permanent and the construction phase of the
stormwater management system in a (2) The name of the inspector;
manner that will not increase flooding,
channel instability, or erosion downstream (3) The condition of:
when considered in aggregate with other
developed properties and downstream (a) Pretreatment devices.
drainage capacities.
(6) Drainage into wetlands and floodways.
Areas defined as "wetlands" and "floodways"
by the appropriate federal agencies shall be
protected from adverse changes in runoff
quantity and quality from associated land
development.
(b) Vegetation or filter media
(c) Spillways, valves, or other control
structures.
(d) Embankments, slopes or safety
benches.
(7) Drainage Criteria Manual. The technical
(e) Inlet and outlet channels and structures.
procedures and design standards contained
in the Drainage Criteria Manual, prepared for
(f) Sediment and debris accumulation in
the City of Fayetteville, and adopted by this
storage and forebay areas.
chapter and as may be amended from time
to time, shall be used for guidance to
(g) Underground drainage,
determine compliance with the performance
criteria established by this chapter.
(h) Provide cross sectional data showing
the existing capacity of the detention
(Code 1991, §163.08; Ord. No. 3895, §1, 6-20-95; Ord. No.
pond for comparison to the minimum
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06; Ord. 5336, 8-
designed capacity in the approved final
3-10)
drainage report. Cross sectional data
170.08 Maintenance Responsibility
shall be at the end of the fourth year. If
the designed capacity is not available
the owner shall reestablish the original
(A) Dedication. Those stormwater management
approved volume in the final drainage
systems approved in compliance with this
report.
chapter that will function as a part of the
stormwater management conveyance system
(1) Any other item that could affect the
shall be dedicated to the city. All areas and/or
proper function of the stormwater
structures to be dedicated to the city must be
structures or systems.
dedicated by plat or separate instrument and
accepted by the City Engineer.
(4) Description of the needed maintenance.
(B) Agreement to Maintain Stormwater Systems and
(5) Description of maintenance activities
Structures. The owner of the property on which
undertaken.
stormwater systems and structures have been
installed shall agree to maintain in good condition
After the 2nd Inspection Report is received, the
and promptly repair and restore all grade
City Engineer will make a determination whether
surfaces, walls, drains, dams and structures,
subsequent Inspection Reports will be required to
vegetation, erosion and sedimentation controls,
be submitted based upon the stabilization of the
and other protective devices.
site and the condition of the stormwater systems.
(D) Right -of -Entry for Inspection. The owner shall
(C) Maintenance Inspections. All privately owned
provide for the City Engineer or designee to enter
stormwater management facilities shall be
the property at reasonable times and in a
inspected near the end of the first year of
reasonable manner for the purpose of inspecting
operation by the owner of the facilities. A
stormwater systems and structures.
subsequent inspection shall be performed at the
end of the fourth year to ensure functionality and
(E) Failure to Maintain. If a responsible person fails
compliance. Inspection reports shall be
or refuses to meet the requirements of the
submitted to and maintained by the City Engineer
inspection and maintenance agreement the City
for all stormwater systems and structures.
shall give written notice requesting corrective
Inspection reports for stormwater systems and
action. If the conditions described in the Failure
structures shall include:
to Maintain notice are not corrected within 10
days after such notice is given, the mayor, or his
(1) The date of the inspection;
duly authorized representative, is hereby
CD170:7
Fayetteville Code of Ordinances
authorized to enter upon the property and do
and structures may only be modified or removed
whatever is necessary to correct or remove the
with the approval of the City Engineer, who shall
conditions described, in the notice. The costs of
determine the whether the stormwater system or
correcting said conditions shall be charged to the
structure does not function as a part of the
owner or owners of the property and the city shall
stormwater management system. The applicant
have a lien against such property for such costs.
may be required to provide supporting data and
calculations that justify the removal of the
(1) Enforcement of the Lien. The lien herein
stormwater systems or structures.
provided for may be enforced and collected
in either one of the following manners:
(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; Ord. 5336, 8-
(a) The lien may be enforced at any time
3-10)
within 18 months after work has been
Cross reference(s)—Enforcement, Ch., 153; Appeals, Ch.
done, by an action in circuit court; or
155, Variances, Ch. 156; Bonds and Guarantees, Ch. 158;
Fees, Ch. 159.
(b) The amount of the lien herein provided
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
(A) Application. Stormwater management, drainage,
owner or owners of the property, if the
and erosion control permit applications shall be
name and whereabouts of the owner or
submitted to the city for review, processing, and
owners be known, and if the name of
approval. Applicants may schedule a pre -
the owner or owners cannot be
application conference with the city to discuss a
determined, then only after publication
proposed project before submitting the
of notice of such hearing in a newspaper
application.
having a bona fide circulation in
Washington County for one insertion per
(B) Fee. A nonrefundable permit application fee shall
week for four consecutive weeks; the
be paid when the application is submitted to help
determination of the City Council shall
cover the cost of the plan review, administration
be subject to appeal by the property
and management of the permitting
g P g process and
owner in circuit court; and the amount
inspection of project implementation and
so determined at said hearing, plus ten
operation.
percent penalty for collection, shall be
by the City Council certified to the tax
(C) Issuance. If the City Engineer determines that the
collector of the county, and by him
permit application submittal is in compliance with
placed on the tax books as delinquent
all provisions of this chapter, a permit may be
taxes, and collected accordingly, and
issued. If the City Engineer determines that the
the amount, less three percent thereof,
permit submittal does not conform with all
when so collected shall be paid to the
provisions of this chapter, permit issuance shall
city by the county tax collector.
be denied and a written statement as to the
(c) In case the owner of any lot or other real
reasons for the denial shall be provided to the
property is unknown or his whereabouts
applicant.
is not known or he is a nonresident of
(Code 1991, §163.10; Ord. No. 3895, §1, 6-20-95; Ord. No.
this state, then a copy of the written
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06; Ord. 5336, 8-
notice hereinabove referred to shall be
3-10)
posted upon the premises and before
any action to enforce such lien shall be
170.10 Stormwater Discharges From
had, the City Clerk shall make an
Construction Activities
affidavit setting out the facts as to
unknown address or whereabouts or
non -residence, and thereupon service of
(A) General Requirements for Construction Sites.
the publication as now provided for by
law against nonresident defendants may
(1) Construction Site. A construction site is a
be had, and an attorney ad litem may be
site with activity that would result in the
appointed to notify the defendant by
creation of a new stormwater management
registered letter addressed to his last
system, including the building, assembling,
known place of residence if same can
expansion, modification, or alteration of the
be found.
existing contours of the property; the
erection of buildings or other structures, any
(F) Removal and modification of Stormwater
part thereof; or land clearing.
Systems and Structures. Stormwater systems
CD170:8
TITLE XV UNIFIED DEVELOPMENT CODE
(2)
Owner Responsibility. The owner of a site of
(from top of bank), wetland, and stormwater
construction activity shall be responsible for
facility. The City Engineer may also require
compliance with the requirements of this
storage piles to be located up to fifty (50)
chapter,
feet from a drainage channel or stream, as
measured from the top of the bank to the
(3)
Erosion And Sediment Control. Best
stockpile, for established TMDL water
Management Practices (BMPs) shall be
bodies; streams listed on the State 303(d)
implemented to prevent the release of
list; an Extraordinary Resource Water,
airborne dust and waterborne sediment from
Ecologically Sensitive Waterbody, and/or
construction sites. Disturbed areas shall be
Natural and Scenic Waterbody, as defined
minimized, disturbed soil shall be managed
by Arkansas Pollution Control and Ecology
and construction site entrances/exits shall be
Commission Regulation No. 2; and/or any
managed to prevent sediment tracking.
other uses at the discretion of the City
Streets and storm inlets must be kept clean
Engineer.
at all times and free of loose rock, mud,
debris and trash. Speck inlet protection
Topsoil piles surfaces must be immediately
measures may be necessary, as long as
stabilized with appropriate stabilization
they do not interfere with vehicular traffic.
measures. Stabilization practices may
Mud on streets must be physically removed
include: temporary seeding (i.e. annual rye
and not washed into inlets.
or other suitable grass), mulching, and other
appropriate measures. Sediment control
(4)
Construction Sites Requiring Storm Water
measures such as silt fence shall be
Pollution Prevention Plans. Erosion and
provided immediately for stockpiles and
sediment control systems must be installed
remain in place until other stabilization is in
and maintained per a state approved Storm
place. Storm drain inlets must be protected
Water Pollution Prevention Plan before the
from potential sedimentation from storage
beginning of construction and until slope
piles by silt fence or other appropriate
stabilization and/or vegetation is established.
barriers.
For sites between 1 and 5 acres, the
SWPPP must be onsite at all times. For
(10) Franchise and Private Utilities. The property
sites over 5 acres, the NO[ and the SWPPP
owner or main contractor onsite will be
must be onsite at all times.
responsible for restoring all erosion and
sediment control systems and public
(6)
Concrete Truck Wash Areas. No washing of
infrastructure damaged or disturbed by
concrete trucks or chutes is allowed except
underground private or franchise utility
in properly located and constructed concrete
construction such as water and sewer
wash pits. Proper runoff and erosion
service leads, telephone, gas, cable, etc.
controls must be in place to retain all
Erosion and sediment control systems must
concrete wash water.
be immediately restored after each utility
construction.
(7)
Dewatering. All rainwater pumped out of
sumps and depressions on construction sites
(11) Post -Construction Compliance. Upon
should be clear and free of sediment, and
completion of permitted construction activity
must discharge to a sedimentation pond,
on any site, the property owner and
sediment bag, or settling tank in such a
subsequent property owners will be
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
Stormwater 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
CD170:9
Fayetteville Code of Ordinances
notification of all contractors and utility
as part of the stormwater pollution
agencies on the site.
prevention plan for at least three (3)
years from the date the site is finally
(C) Stormwater Pollution Prevention Plans.
stabilized and shall be made available
Preparation and implementation of Stormwater
upon request to the City.
Pollution Prevention Plans for construction
activity shall comply with the following:
(c) Modifications. Based on inspections
performed by the owner or by
(1) Implementation
authorized City personnel, modifications
to the SWPPP will be necessary if at
(a) Installation and Maintenance. BMPs
any time the specified BMPs do not
shall be installed and maintained by
meet the objectives of this chapter. In
qualified persons. The owner or their
this case, the owner/developer/builder
representative shall provide upon the
or authorized representative shall meet
City Engineer's request a copy of the
with authorized City personnel to
SWPPP on site and shall be prepared to
determine the appropriate modifications.
respond to unforeseen maintenance
All modifications shall be completed
requirements of specific BMPs.
within seven (7) days of the referenced
inspection, except in circumstances
(b) A qualified inspector (provided by the
necessitating more timely attention, and
owner/developer/builder) shall inspect
shall be recorded on the owner's copy of
disturbed areas of the construction site
the SWPPP.
and areas used for storage of materials
(D) Requirements for Utility Construction
that are exposed to precipitation that
have been finally stabilized, and
locations where vehicles enter or exit
(1) Utility agencies shall be responsible for
the site. BMPs must be observed to
compliance with the requirements this
ensure proper operation. Inspectors
chapter.
must inspect for evidence of, or the
(2) Utility agencies shall develop and implement
potential for, pollutants entering the
Best Management Practices (BMPs) to
stormwater conveyance system.
Discharge locations must be inspected
prevent the discharge of pollutants on any
to determine whether BMPs are
site of utility construction within the City. in
effective in preventing significant
addition, the City may adopt and impose
impacts to waters of the State, where
BMPs on utility construction activity.
accessible. Where discharge locations
(3) Utility agencies shall implement BMPs to
are inaccessible, nearby downstream
prevent the release of sediment from utility
locations must be inspected to the
extent that such inspections are
construction sites. Disturbed areas shall be
practicable. The inspections must be
minimized, disturbed soil shall be managed
conducted at least once every seven (7)
and construction site entrances shall be
calendar days and within 24 hours of the
managed to prevent sediment tracking.
end of a storm that is 0.5 inches or
Excessive sediment tracked onto public
greater as measured at the site or
streets shall be removed immediately.
generally reported in the vicinity of the
(q) prior to entering a construction site or
site. A rain gauge must be maintained
subdivision development, utility agencies
on -site.
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
(Ord. 4920, 9-05-06; Ord. 5336, 8-3-10)
rain event, BMPs on -site; observations
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
inspector. The reports shall be retained
CD170:10
TITLE XV UNIFIED DEVELOPMENT CODE
(A) Preliminary Plats. Preliminary Plats shall include
approved master drainage plan, this plan shall be
a master drainage plan for each lot related to the
included in the building permit application and the
proposed infrastructure and adjacent lots.
individual lot drainage plan shall follow the
master drainage plan.
(B) Preliminary Plats for Residential Subdivisions.
Preliminary Plats for residential subdivisions shall
(Ord. 5336, 8-3-10)
provide detailed drainage information including
flow arrows and design spot elevations including
170.13 Stormwater Pollution Prevention
the proposed finish floor elevation meeting the
Arkansas Fire Prevention Code for building
safety regulations for positive drainage of each
(A) Prohibitions
lot.
(1) Illicit discharges are prohibited. An illicit
(C) Rear lot drainage easements. Rear lot drainage
discharge is a storm drain that has
easements for nonstructural grassed swales shall
measurable flow containing pollutants and/or
not overlap utility easements with above ground
pathogens. No person shall discharge
structures, ie, electric transformers, gas meters,
anything but uncontaminated stormwater,
communication junctions, etc.
into the storm drainage system. Common
stormwater contaminants include trash, yard
(D) Final Plat. The Final Plat shall include the
waste, wastewater, oil, petroleum products,
approved master drainage plan to be filed as a
cleaning products, paint products, hazardous
supplemental document. The scale shall be
waste and sediment.
legible and approved by the City Engineer.
(2) Illicit connections are prohibited. Illicit
(Ord. 5336, 8-3-10)
connections are any drain or conveyance
which allows an illicit discharge to enter the
170.12 1 & 2 Family Residential
storm drainage system. This prohibition
includes illicit connections made in the past,
Requirements
regardless of whether the connection was
permissible at the time of connection.
(A) 1 &2 Family Residential and Sites under One
Acre. All residential lots must maintain properly
(3) No person shall connect a line conveying
installed erosion and sediment control measures
sanitary sewage, domestic sewage or
from the beginning of construction until slope
industrial waste, to the storm drainage
stabilization and/or vegetation is established in
system, or allow such a connection to
order to prevent silt and sediment from going
continue.
offsite or into the street.
(B) A building permit application shall contain
sufficient site drainage and grading information to
determine whether the project complies with the
requirements of this chapter and Chapter 169,
including, but not limited to:
(1) locations and types of proposed
stormwater and erosion control BMP,s.
(2) Lot lines and conceptual foot print of
building.
(3) Minimum finish floor and grading
adjacent to the residential structure in
accordance with Chapter 173 Building
Regulations and the Arkansas Fire
Prevention Code.
(4) Individual lot drainage features, using
spot elevations and flow arrows.
(C) If the Final Plat of the Subdivision, in which the
proposed building is located, includes an
(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;
CD170:11
Fayetteville Code of Ordinances
(7)
Diverted stream flows and natural riparian
recommendations and applicable laws.
habitat or wetland flows;
Excessive application shall be avoided.
(8)
A discharge or flow of fire protection water
(7) Open Drainage Channel Maintenance. Every
that does not contain oil or hazardous
person owning or occupying property
substances or materials.
through which an open drainage channel
passes shall prevent trash, debris, excessive
(9)
Any other non-stormwater discharge
vegetation, and other obstacles from their
determined by the City Engineer to meet the
property from entering the drainage channel.
standards and objectives of this chapter.
(D) Release Reporting and Cleanup. Any person
(C) Requirements Applicable to Certain Discharges
responsible for a release of materials which are
or may result in illicit discharges to the storm
(1)
Private Drainage System Maintenance. The
drainage system shall take all necessary steps to
owner of any private drainage system shall
ensure the discovery, containment, abatement
maintain the system to prevent or reduce the
and cleanup of such release. In the event of such
discharge of pollutants. This maintenance
a release of a hazardous material, said person
shall include, but is not limited to, sediment
shall comply with all state, federal, and local laws
removal, bank erosion repairs, maintenance
requiring reporting, cleanup, containment, and
of vegetative cover, and removal of debris
any other appropriate remedial action in
from pipes and structures.
response to the release.
(2)
Minimization of irrigation Runoff.
(E) Authorization to Adopt and Impose Best
Concentrated flow of irrigation water to the
Management Practices. The City may adopt and
storm drainage system is prohibited.
impose a Best Management Practices Manual
Irrigation systems shall be managed to
and requirements identifying Best Management
reduce the discharge of water from a site.
Practices for any activity, operation, or facility,
which may cause a discharge of pollutants to the
(3)
Cleaning of Paved Surfaces Required. The
storm drainage system. Where specific BMPs
owner of any paved parking lot, street or
are required, every person undertaking such
drive shall clean the pavement as required to
activity or operation, or owning or operating such
prevent the buildup and discharge of
facility shall implement and maintain these BMPs
pollutants. The visible buildup of mechanical
at their own expense.
fluid, waste materials, sediment or debris is a
violation of this chapter. Paved surfaces
(Ord. No. 4855, 4-18-06; Ord. 4920, 9-05-06; Ord. 5336, 8-3-
shall be cleaned by dry sweeping, wet
10)
vacuum sweeping, collection and treatment
of wash water or other methods in
170.14-170.99 Reserved
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
CD170:12
Chris Brown
Submitted By
An ordinance to amend UDC I
Drainage and Erosion Control
Cost of this request
n/a
Account Number
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
August 16, 2011
City Council Meeting Date
Engineering Development Services
Division Department
Action
Category / Project Budget
n/a
Funds Used to Date
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a n/a n/a
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
III 054 UtC. • o
Departure Director Date
7/Zy/mil I
City Attorney Date
`i J 0.. 41- ,- `7 l^tot 1
Finance and Internal Service Director Date
_/i
Date
" /�/ !e
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
07-2
9-1 1 P03:03 RCVD
Received in in Mayor's Office
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff �y
Jeremy Pate, Development Services Director(`
From: Chris Brown, City Engineer
Date: July 28, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of August 16, 2011
Subject: An ordinance to revise UDC Chapter 169 Physical Alteration of Land and Chapter 170
Stormwater Management, Drainage and Erosion Control
PROPOSAL
In 2010, the City Council approved changes to Chapters 169 and 170 of the City's Unified Development Code.
The changes, among other things, defined maintenance responsibilities for stormwater management systems,
and added requirements for site plans for 1&2 family residences to contain a plan for erosion and sediment
control and final on -site drainage. In conjunction with these changes, policy changes related to the building
permit and inspection process for site drainage and erosion control have been implemented, and enforcement of
existing grading and drainage ordinances have been more comprehensively enforced on single family home
sites to meet the code requirements.
The goal of these changes was to both protect water quality during construction, and ensure that grading on
single family home sites is done properly, thereby reducing complaints from citizens related to lot grading and
drainage issues.
During the implementation of the ordinance and policy revisions, and through conversations with multiple
contractors and City inspectors, it became apparent that amendments to the ordinance were needed to clarify
certain provisions, simplify post construction maintenance provisions, and allow more flexibility in erosion
control practices on. small sites to achieve the stated goals. Therefore, the following ordinance changes are
proposed:
Chanter 169:
1) Revisions to Sections 169.02 and 169.12, to clarify stabilization requirements for adjacent/nearby
properties that are disturbed by construction activities.
2) Clarification that grading permits are not required for single family homes or duplexes, when only 1
structure is constructed per lot, regardless of the number of structures constructed upon at one time.
3) Clarification of the applicability of Section 169.06.
4) Clarification of topsoil stockpile requirements, and a specific allowance for topsoil stockpiles as a
sediment control BMP.
THE CITY OF FAYETTEVILLE, ARKANSAS
Chapter 170•
1) Removal of the requirement for maintenance agreements in Section 170.08. This portion of the
ordinance has not been used since its adoption. Maintenance requirements for stormwater systems is
planned for review as part of the Drainage Criteria Manual update; upon completion of the Manual
update, another revision to this section will most likely be required to align the Manual requirements
with the ordinance.
2) The specific requirement for construction exits has been removed. Construction exits are a BMP that
are intended for haul roads and larger sites that have numerous trucks exiting at a single location; the
requirement for a construction exit is not appropriate for all sites. Construction exits will still be utilized
for certain sites, when they are applicable.
3) Required locations of Concrete wash areas have been clarified.
4) Requirements for information to be included in building permit applications has been expanded to
clarify expectations for site plans submitted with permit applications.
RECOMMENDATION
Staff and recommends approval of revisions to UDC Chapter 169 Physical Alteration of Land and Chapter 170
Stormwater Management, Drainage and Erosion Control. (The Planning Commission did not review these
particular amendments).
BUDGETIMPACT
The proposed ordinance amendments will cause no budget impact.
ORDINANCE NO.
AN ORDINANCE TO AMEND SECTIONS OF CHAPTER 169: PHYSICAL
ALTERATION OF LAND AND CHAPTER 170: STORMWATER
MANAGEMENT, DRAINAGE AND EROSION CONTROL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals the
following sections or subsections in Chapter 169: Physical Alteration of Land and enacts
replacement sections or subsections as shown in Exhibit A:
§169.02(A); §169.06(A) and (F)(3) and §169.12.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals the
following sections or subsections in Chapter 170: Stormwater Management, Drainage and
Erosion Control and enacts replacement sections or subsections as shown in Exhibit B:
§170.08(C) and (D); §170.10 (A)(3) and (6) and §170.12(B).
PASSED and APPROVED this 16s day of August, 201 L
APPROVED:
IC
LIONELD JORDAN, Mayor
Lo
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT A
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 169: PHYSICAL ALTERATION OF LAND
169.01 INTENT.................................................................................................
169.02 GENERAL REQUIREMENTS..............................................................
169.03 PERMITS REQUIRED/EXCEPTIONS .................................................
169.04 MINIMAL EROSION CONTROL REQUIREMENTS ............................
169.05 ONE-TIME APPROVALS.....................................................................
169.06 LAND ALTERATION REQUIREMENTS .............................................
169.07 GRADING PLAN SPECIFICATIONS...................................................
169.08 GRADING PLAN SUBMITTAL............................................................
169.09 MINOR MODIFICATIONS....................................................................
169.10 APPROVAL..........................................................................................
169.11 DISCOVERY OF HISTORIC RESOURCES ........................................
169.12 CERTIFICATE OF OCCUPANCY........................................................
169.13 OWNER RESPONSIBILITY.................................................................
169.14-169.99 RESERVED...............................................................................
.......... 3
.......... 3
.......... 3
.......... 4
.......... 5
........... 5
......... 11
......... 12
.........12
......... 12
......... 12
......... 12
......... 13
......... 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,
safety, and welfare of Fayetteville citizens by
(A) Permit required. No grading, filling, excavation,
implementing standards and procedures for the
or land alteration of any kind shall take place
physical alteration of land. It is not the city 's
without first obtaining:
intent to supersede federal or state regulations
such as, but not limited to, the Occupational
(1) A grading permit pursuant to this chapter
Health & Safety Act.
except as specified in §169.03(B);
(B) The purpose of this chapter is to control grading,
(2) A stormwater management, drainage and
clearing, filling, and cutting (or similar activities)
erosion control permit (hereinafter referred to
which alone or in combination cause landslides,
as a "drainage permit") except as specified in
flooding, degradation of water quality, erosion
§170.03(C) and §170.03(D); and
and sedimentation in storm sewer systems and
water storage basins. It is also the intent of this
(3) An Arkansas Department of Environmental
chapter that through the implementation of the
Quality Stormwater Construction Permit and
guidelines and regulations contained herein, the
incorporated Stormwater Pollution
existing scenic character and quality of the
Prevention Plan, if required by state law.
neighborhood and city as a whole not be
(4) A grading permit is required by the City for
diminished.
any development occurring within the
(Code 1991, §161.01; Ord. No. 3551, 6-4-91; Ord. No. 4100,
Hillside/HNltop Overlay District boundaries. If
§2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. 5336,
a parcel of land is divided by the
8-3-10)
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
this chapter.
(A) Protection. Persons engaged inland alteration
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. Adjacent and
following:
nearby properties affected by land alterations
shall be restored in accordance with the
(1) Excavation below finish grade. Excavations
requirements of this Chapter.
below finished grade for basements,
swimming pools, hot tubs, septic systems,
(B) Site conditions. Development shall generally
retaining wafls- under 4 feet in height, and
conform to the natural contours of the land,
like structures authorized by a valid building
natural drainage ways, and other existing site
permit.
conditions.
(2) Cemetery graves. Cemetery graves.
(C) Adjacent properties. All developments shall be
constructed and maintained so that adjacent
(3) Refuse disposal. Refuse disposal sites
properties are not unreasonably burdened with
controlled by other regulations.
surface waters as a result of such development.
More specifically, new development may not
(4) Single-family/duplex. Construction of one
unreasonably impede water runoff from higher
single-family residence or duplex per lot, not
properties nor may it unreasonably channel water
located within the 100 year flood plain, the
onto lower properties.
Hiltside/Hlttop Overlay District, or on a slope
15 % or greater.
(D) Restoration. Land, shall be revegetated and
restored as close as practically possible to its
(5) Building additions. Building additions of less
original conditions so far as to minimize runoff
than 2,000 square feet where associated
and erosion are concerned. Previously forested
land alteration activities are not beyond the
areas shall follow the City's Landscape Manual
scope of what is necessary to construct said
for mitigation of forested areas.
addition and are not located within the 100
year flood plain, the Hillside/Hilltop Overlay
(Code No. 1991, §161.02; Ord. No. 3551, 6-4-91; Ord. No.
District, or on a slope 1.5 % or greater.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord.
4855, 4-18-06; Ord. 5336, 6-3-10)
CD169:3
Fayetteville Code of Ordinances
(C) Grading permit application and approval. No
grading permit shall be issued until the grading
(2) Where construction activity will resume on a
plan, endorsed by a registered architect,
portion of the site within 21 days from when
landscape architect, or engineer, is approved by
activities ceased, (e.g. the total time period
the City Engineer. A separate permit shall be
that construction activity is temporarily
required for each site; it may cover both
ceased is less than 21 days) then
excavations and fills. Grading permits may be
stabilization measures do not have to be
issued jointly for parcels of land that are
initiated on that portion of the site by the 10
contiguous, so long as erosion control measures
day after construction activity temporarily
are in place until project completion. Any
ceased.
application for a required grading permit under
this chapter shall be submitted concurrently with
(3) Stabilization practices may include:
the application and calculations for a drainage
temporary seeding, permanent seeding,
permit if such a drainage permit is required by
mulching, geotextiles, sod stabilization,
§170.03., coordination with Chapter 167. Tree
vegetative buffer strips, protection of trees,
Preservation and Protection is required.
and preservation of mature vegetation and
other appropriate measures. See Chapter
(D) Permit posted. A copy of the grading permit
167 of the UDC for tree protection
cover page shall be posted at or near the street
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, 65-91; 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; Ord. 5336, 8-3-10)
altered unless adequate guarantees are made for
erosion and sedimentation control both during
169.04 Minimal Erosion Control
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 wHI 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 shah 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- le 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; Ord. 5336, 8-3-10)
CD169:4
TITLE XV UNIFIED DEVELOPMENT CODE
169.05 One -Time Approvals the City Engineer for purposes of assessing
safety, stability, and drainage problems:
(A) Utilities. Public and private utility organizations (See illustrations).
may obtain a one-time approval from the City
Engineer for all routine underground electric, (a) Setback from top or toe of cut or fill.
water, sewer, natural gas, telephone, or cable Buildings shall be setback from the top
facilities. The approval will include a utility or toe of a cut or fill in accordance with
organization and its contractors, agents, or Zoning, Chapters 160 through 165;
assigns and will be permanent in nature as long Building Regulations, Chapter 173; or
as the original approved procedures are followed. the approved grading plan, whichever is
greatest.
(B) Stockpiling materials. One-time approval may be
(b) Setbacks from property lines. The
obtained by public or private entities for the
stockpiling of fill material, rock, sand, gravel,
required setback of retaining walls, cut
aggregate, or clay at particular locations, subject
slopes, and fill slopes from property
to Zoning, Chapters 160 through 165.
lines shall be as given in the
illustrations. Property lines may be filled
(Code 1991, §161.05; Ord. No. 3551, 6-4-91; Ord. No. 4100,
over or cut if a grading plan for the cut
§2 (Ex. A), 6-16-98; Ord. 5336, 8-3-10)
or fill is submitted jointly by the owner of
both properties or with written
169.06 Land Alteration Requirements
permission from the adjacent property
owner and if no utility easements are
(A) Applicability. This section shall apply to all land
involved. If utility easements are
alteration activities, including those that do not
involved, approval is required as given
require a grading permit.
in (c) below in addition to the joint
submittal requirement.
(B) Requirements varied. Variances of this chapter's
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 utilities, in writing, then
(C) Cut or rill slopes.
easements may fall within a cut or fill
section.
(1)
Finish grade. Cut or fill slopes shall have a
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 forms 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
the variance.
(4)
Setback requirements. The following
setback requirements shall be reviewed by
CD169:5
Fayetteville Code of Ordinances
(g) Additional information required. The
City Engineer may require further
geotechnical and/or structural
information to show that setbacks
greater than those given are not needed
to protect property, utilities, or the
integrity of property lines.
(D) Cuts.
(1) Vertical height. Cuts shall be limited to 10
feet in vertical height unless information
demonstrating slope stability, erosion
control, and drainage control is provided
together with a re -vegetation plan. For
nonsolid rock cuts, terraces shall be required
for cuts greater than 10 feet in height. It is
recommended that terracing be at a
maximum ratio of one foot of horizontal
terrace for every foot of vertical surface.
(2) Maximum vertical cut. In solid rock, as
determined by geotechnical and engineering
data approved by the City Engineer, the
maximum vertical cut shall be 30 feet.
(3) Fill material. In no case shall a cut be
allowed primarily for the purpose of obtaining
fill material to a different site, unless the
exporting site is located within an extraction
district.
(E) Fills.
(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.
(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 a grade steeper than 15% (6.67
horizontal to 1 vertical) unless keyed into
steps in the existing grade and thoroughly
stabilized by mechanical compaction.
(4) Vertical height. Fills shall be limited to 10
feet in vertical height unless information
demonstrating slope stability, erosion
control, and drainage control is provided
together with a re -vegetation plan.
(5) Terraces. Terraces shall be required for fills
greater than 10 feet in height. It is
recommended that terracing be at a
maximum ratio of one foot of horizontal
terrace for every foot of vertical surface.
(F) Erosion and sedimentation control.
(1) Permanent improvements. Permanent
improvements such as streets, storm
sewers, 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.
(2) 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.
(3) Stockpiling of top soil. Top soil may 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 buffer strips, wattles, or
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
CD169:6
TITLE XV UNIFIED DEVELOPMENT CODE
sedimentation from storage piles by silt
Hillside/Hilltop Overlay District shall be
fence or other appropriate barriers.
planted immediately after the physical
alteration of the land with complete and
Properly stabilized topsoil stockpiles may be
uniform ground cover. Sod, erosion
used for sedimentation control.
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 topsofl
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
§ 1 69.06(F)(5) above.
(c) 10:1 up to 4:1 grade: Re -vegetation
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.
(a) More than 3:1 grade: Any finish grade
over 3:1 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.
(f) Hillside/Hilltop Overlay District. Re -
vegetation of lands within the
(G) Undisturbed land requirements. In the
development of residential subdivisions,
allowable grading of slopes shall be in
accordance with this table.
CD169:7
Average Grade
Minimum Undisturbed Area
10 to 15 percent
40 percent
15 to 20 percent
50 ercent
> 20 percent
60 ercent
In the development of Large Scale Developments,
Large Site Improvement Plans, and lots within the
Hillside Overlay District, the minimum amount of
undisturbed land shall equal the percent minimum
Fayetteville Code of Ordinances
tree canopy pursuant to §167.04 (C). Planned Zoning
Districts shall show undisturbed areas, but may be
approved by the City Council with lesser percentages
of undisturbed area than required above.
(H) Required retaining wall and rock cut design.
(1) Design/inspection. Any retaining wall more
than four feet in height shall be designed by
a registered professional engineer, and shall
be field inspected by the design engineer.
The design engineer shall provide proof of
inspection and certify that the wall was
constructed in conformance with the design.
The City Engineer may require retaining
walls less than four feet in height to be
designed by a professional engineer.
(2) Investigation/report. All proposed rock cuts
and any cut or fill 10 feet or greater will
require a geotechnical investigation and a
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 3:1) 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; Ord. 5336, 8-3-10)
CD169:8
TITLE XV UNIFIED DEVELOPMENT CODE
L E
G E N D
_____________ __
EXISTING GROUND
PROPERTY OR EASEMENT LINE
PROPOSED GROUND
-
CONSTRUCTION LIMITS
SB1
MINIMUM SETBACK FROM PROPERTY LINE DOWNHILL
S82
MINIMUM SETBACK FROM PROPERTY LINE UPHILL
TB
TIE BACK
S
SLOPE
F1
FOUNDATION DOWNHILL
Fa
FOUNDATION UPHILL
C1
LIMITS OF CONSTRUCTION —COWNH ILL
Cz
LIMITS OF CONSTRUCTION —UPHILL
Downhill CUT SLOPE Uphill
SB, = F1 +5'
Downhill
SBI = F1 +5
Downhill
RETAINING WALL
CUT SLOPE
PT PL
BLOCK RETAINING WALL
CUT SLOPE
C2=Limits of
Construction
See Note 5
SB2= C+5'
Uphill
C2=Limits of
Construction
See Note 5
SB2 = C+5'
Uphill
NOTES
1, 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.
SB 2
SEE
BELOW
I SB1x FILL SLOPE
2' Flatter Than 5:1
5' 5:1 To 3: 1
8' Greater Than 3:1
Downhill FILL SLOPE Uphill
S81 = F1 +5' RETAINING WALL
Downhill FILL SLOPE
CD169:9
SB1 = FI +5' BLOCK RETAINING WALL
FILL SLOPE
Downhill
C2=Limits of
Construction
See Note 5
SB2= C+5'
Uphill
Co —Limits of
Construction
See Note 5
582= C+5'
Uphill
Fayetteville Code of Ordinances
-Apply to
Existing
Structures
Uphill
Downhill
3 (max)
CUT SLOPE —
EXISTING STRUCTURES
SBZ
C z 5'
I� Sej
I -
H
t C =Limits of
5� Construction
See Nate 5
RETAINING WALL SB C+5'
SB1= H* 4/3 WITH STRUCTURES
Downhill CUT SLOPE Uphill
;.l
SB p
561 L
i
—I
Ft
C =Limits of
Construction
See Note 5
S81= H*4/3 BLOCK RETAINING WALL SB2= C+5'
WITH STRUCTURES
Downhill CUT SLOPE Uphill
SBz
I
SEE
BELOW
Uphill
See _/ SB 1 * FILL SLOPE
note 4 5' Flatter Than 3:1
(typ) 10' 3:1 To 2:1
4H/3 Greater Than 2:1
FILL SLOPE —
EXISTING STRUCTURES
D=5' For Existing
D=2' For Proposed
Fi
See —
note 4
(typ)
SB1= H`4/3
Downhill
D=5' For Existing
D=2' For Proposed
C =Limits of
Construction
See Note 5
RETAINING WALL SB = C+5'
WITH STRUCTURES 2
FILL SLOPE Uphill
note 4 C2=Limits of
(typ) Construction
See Note 5
BLOCK RETAINING WALL
S81= H*4/3 WITH STRUCTURES 582= C+5'
Downhill FILL SLOPE Uphill
CD169:10
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 registered
engineer, architect, or landscape architect
certifying that the plan complies with this
chapter.
(6) Cuts and fills. All cuts and fills, including
height and slope, shall be clearly shown on
the plan.
(7) Streets and rights -of -way. Location and
names of all existing or platted streets or
rights -of -way within or adjacent to tract and
location of all utilities and easements within
or adjacent to the property shall all be
indicated.
(8) Lotbuilding, etc. identification. The
proposed location of lots, buildings, streets,
parking lots and parks, playgrounds or green
space shall be indicated. Also to be
indicated is any existing or proposed building
within 100 feet of the site.
(9) Soil type. Soil types shall be identified
according to the Unified 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 runoff, or if the grading on site has
the potential of disturbing the utility line.
(15)Treatment of slopes and benches. The
method of treatment for all slopes and
benches shall be indicated.
(16)Natural vegetation preservation. Proposals
for preserving natural vegetation and
description of re -vegetation or other
permanent erosion control strategy.
(17)Runoff/sedimentation. Specification of
measures to control runoff and
sedimentation during construction indicating
what will be used such as straw bales, silt
dams, brush check dams, lateral hillside
ditches, catch basins, and the like.
(18) 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.
Fayetteville Code of Ordinances
(d) Non structural grassed swales for rear
lot drainage concentration is
discouraged and shall not be installed in
combination with a utility easement.
(a) 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.
(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 section
through the property showing existing and
proposed grades as part of the preliminary
submission.
The following additional required information may
be reported in text rather than shown on the
grading plan.
(1) Time schedule. A time schedule indicating
the anticipated starting and completion dates
of the development sequence and time of
exposure of each area prior to stabilization
measures.
(2) Description / fill material / compaction.
Description of quantity (in cubic yards),
source, and composition of imported fill
material and compaction specifications.
Also, note the quantity (in cubic yards) and
destination of excavation materials to be
removed from the site.
(3) Dust. Where excessive dust may become a
problem, a plan for spraying water on heavily
traveled dirt areas shall be addressed.
(4) Soils 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; Ord. 5336, 8-3-10)
169.08 Grading Plan Submittal
(A) Preliminary grading plan. A preliminary grading
plan shall be submitted at the time of preliminary
plat submission for subdivisions or plat
submission for large scale development,
whichever is applicable.
(B) Final grading plan. No subdivision may be
finalized, nor large scale development plat
approved before a final grading plan has been
submitted to the City Engineer and approved.
The final grading plan and the final plat of land
located within the Hillside/Hilltop Overlay District
shall have the following plat note stating:
'Property and lot owners of lands located within
the Hillside/Hilltop Overlay District shall have
foundation plans designed, approved and sealed
by a professional architect or engineer.
(C) A copy of the Stormwater Pollution Prevention
Plan (SWPPP) is required to be submitted with
the grading plan for sites one acre or larger.
(D) In cases where neither subdivision plat, nor LSD
plat is applicable, proof of notification of adjacent
properly owners and grading plan must be
submitted simultaneously with the application for
a grading permit.
(Code 1991, §161.09; Ord. No. 3551, 64-91; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord. 5308, 3-
16-10; Ord. 5336, 8-3-10)
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.
(Ord. 5336, 8-3-10)
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, 64-91; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord-. No. 4113, 8-18-98; Ord. 5336, 83-
10)
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; Ord. 5336, 8-3-10)
169.12 Certificate Of Occupancy
All re -vegetation and grading plan improvements shall
be in place before a certificate of occupancy shall be
CD169:12
TITLE XV UNIFIED DEVELOPMENT CODE
issued, including cleanup and restoration/revegetation
of adjacent and nearby property affected by
construction activities.. 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, 6-4-91; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. 5336, 8-3-10)
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
the property is fully stabilized. If property is
transferred anytime between the onset of
development and at the time it is fully stabilized, all
responsibility and liability for meeting the terms of the
chapter shall be likewise transferred to the new
property owner.
(Code 1991, §161.16; Ord. No. 3551, 6-4-91; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. 5336, 8-3-10)
169.14-169.99 Reserved
CD169:13
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 169: PHYSICAL ALTERATION OF LAND
469.01 INTENT............................................................................................................................................ 3
469.02 GENERAL REQUIREMENTS.........................................................................................................3
469.03 PERMITS REQUIRED/EXCEPTIONS............................................................................................ 3
169.04 MINIMAL EROSION CONTROL REQUIREMENTS.......................................................I...............4
169.05 ONE-TIME APPROVALS................................................................................................................ � 1 _ _ Deleted: 4
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 RESOURCES.................................................................................12
169.12 CERTIFICATE OF OCCUPANCY.................................................................................................12
169.13 OWNER RESPONSIBILITY..........................................................................................................13
169.14-169.99 RESERVED........................................................................................................................ 13
CD169:1
Fayetteville Code of Ordinances
CD169:2
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 169: PHYSICAL ALTERATION OF LAND
169.01 Intent
(A) It is the city's intent to safeguard the health,
safety, and welfare of Fayetteville citizens by
implementing standards and procedures for the
physical alteration of land. It is not the city s
intent to supersede federal or state regulations
such as, but not limited to, the Occupational
Health & Safety Act.
(B) The purpose of this chapter is to control grading,
clearing, filling, and cutting (or similar activities)
which alone or in combination cause landslides,
flooding, degradation of water quality, erosion
and sedimentation in storm sewer systems and
water storage basins. It is also the intent of this
chapter that through the implementation of the
guidelines and regulations contained herein, the
existing scenic character and quality of the
neighborhood and city as a whole not be
diminished.
(Code 1991, §161.01; Om. No. 3551, 6-4-91; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. 5336,
8-3-10)
169.02 General Requirements
(A) Protection. Persons engaged in land alteration
activities regulated by this chapter shall take
measures to protect public and private properties
from damage by such activities. Adiacent and
nearby properties affected by land alterations
shall be restored in accordance with the
reouirements of this Chapter.
(B) Site conditions. Development shall generally
conform to the natural contours of the land,
natural drainage ways, and other existing site
conditions.
(C) Adjacent properties. All developments shall be
constructed and maintained so that adjacent
properties are not unreasonably burdened with
surface waters as a result of such development.
More specifically, new development may not
unreasonably impede water runoff from higher
properties nor may it unreasonably channel water
onto lower properties.
(D) Restoration. Land, shall be revegetated and
restored as close as practically possible to its
original conditions so far 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. 1 4100, §2 (Ex. A), 6- 8116-98; Ord. No. 4113, §1, 8-18 98; Ord.
4855, 4-18-(6; Ord. 5335, 8-3-10)
169.03 Permits Required/Exceptions
(A) Permit required. No grading, filling, excavation,
or land alteration of any kind shall take place
without first obtaining:
(1) A grading permit pursuant to this chapter
except as specified in §169.03(B);
(2) A stormwaler management, drainage and
erosion control permit (hereinafter referred to
as a "drainage permit") except as specified in
§170.03(C) and §170.03(D); and
(3) An Arkansas Department of Environmental
Quality Stormwater Construction Permit and
incorporated Stonmwater Pollution
Prevention Plan, if required by state law.
(4) A grading permit is required by the City for
any development occurring within the
Hillside/Hilltop Overlay District boundaries. If
a parcel of land is divided by the
Hillside/Hilltop Overlay District boundary,
then only that portion of land lying within the
boundary is subject to the requirements of
this chapter.
(B) Exceptions where no grading permit is required.
Grading pennits are not required for the
following:
CD169:3
(1) Excavation below finish grade. Excavations
below finished grade for basements,
swimming pools, hot tubs, septic systems,
retaining walls under 4 feet in height, and
like structures authorized by a valid building
permit.
(2) Cemelerygraves. Cemeterygraves.
(3) Refuse disposal. Refuse disposal sites
controlled by other regulations.
(4) Single-family/duplex. Construction of one
single-family residence or duplex eo r lot. 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.
Fayetteville Code of Ordinances
(C) Grading permit application and approval. No
grading permit shall be issued until the grading
(2) Where construction activity will resume on a
plan, endorsed by a registered architect,
portion of the site within 21 days from when
landscape architect, or engineer, is approved by
activities ceased, (e.g. the total time period
the City Engineer. A separate permit shall be
that construction activity is temporarily
required for each site; it may cover both
ceased is less than 21 days) then
excavations and fills. Grading permits may be
stabilization measures do not have to be
issued jointly for parcels of land that are
initiated on that portion of the site by the le
contiguous, so long as erosion control measures
day after construction activity temporarily
are in place until project completion. Any
ceased.
application for a required grading permit under
this chapter shall be submitted concurrently with
(3) Stabilization practices may include:
the application and calculations for a drainage
temporary seeding, permanent seeding,
permit if such a drainage permit is required by
mulching, geotextiles, sod stabilization,
§170.03., coordination with Chapter 167. Tree
vegetative buffer strips, protection of trees,
Preservation and Protection is required.
and preservation of mature vegetation and
other appropriate measures. See Chapter
(D) Permit posted. A copy of the grading permit
167 of the UDC for tree protection
cover page shall be posted at or near the street
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
A), 616-98; Ord. No. 4113, §15336g8-3-10) No
graded, developed, channeled, or physically
4313E.
altered unless adequate guarantees are made for
erosion and sedimentation control both during
169.04 Minimal Erosion Control
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
withthe 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 activifies 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 10 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, 6b31; ON. No. 3947,
measures shall be initiated as Soon as
-1o
41la,
practicable.
§19 8- 8-98; Ord. 4855, 4-18-06; Ord.15336, 83-10)
CD169:4
TITLE XV UNIFIED DEVELOPMENT CODE
169.05 One -Time Approvals the City Engineer for purposes of assessing
safety, stability, and drainage problems:
(A) Utilities. Public and private utility organizations (See illustrations).
may obtain a one-time approval from the City back from top or toe of cut or fill.
Set
Engineer for all routine underground electric, (a) Setback
s shall be setback from the top
water, sewer, natural gas, telephone, or cable Buildings
facilities. The approval will include a utility or toe of a cut or fill in accordance with
organization and its contractors, agents, or Zoning, Chapters 160 through 165;
assigns and will be permanent in nature as long Building Regulations, Chapter 173; or
as the original approved procedures are followed. the approved grading plan, whichever is
greatest.
(B) Stockpiling materials. One-time approval may be
obtained by public or private entities for the (b) Setbacks from property lines. The
stockpiling of fill material, rock, sand, gravel, required setback of retaining walls, out
aggregate, or clay at particular locations, subject slopes, and fill slopes from property
to Zoning, Chapters 160 through 165. lines shall be as given in the
illustrations. Property fines may be filled
(Code 1991, §161.05; Ord. No. 3551, 6-4-91; Ord. No. 4100, over or cut if a grading plan for the cut
§2 (Ex. A), 6-16-98; Ord. 5336, 8-3-10) or fill is submitted jointly by the owner of
both properties or with written
169.06 Land Alteration Requirements permission from the adjacent property
owner and if no utility easements are
(A) Agvlicabiltty. This section shall apply to all land _ _ _ _ _ - - - - _ _ _ involved._ If utility easements are Deleted: Grading plan evaluation
alteration activities including those that do not involved, approval is required as given
require a grading permit. in (c) below in addition to the joint evalNaed by the City Engine(d: Grading plans lrfor
submittal requirement. conformance with the minimal erosion
(B) Requirements varied. Variances of this chapfer's control requirements of §769.04 and
requirements may be approved by the City (c) Setbacks from the edge of an the following requirements
Engineer. The extent to which variations may be
made will depend on the soil types encountered,
planned slopes, planned vegetafion, and
investigative engineering reports. In no case
shall the City Engineer waive or modify any of the
minimum erosion control requirements as given
in §169.04.
(C) Cut or fill slopes.
(1) Finish grade. Cut or fill slopes shall have a
finish grade no steeper than 33% (3.00
horizontal to 1 vertical), unless otherwise
approved by the City Engineer. Land
located within the Hillside/Hilltop Overlay
District may have cut or fill slopes with a
finish grade no steeper than 50% (2.00
horizontal to 1 vertical) unless otherwise
approved by the City Engineer.
(2) Maximum length. The maximum length of
any cut or fill slope without a terrace (as
described in 169.06 (D) below) shall be 100
feet as measured along the ground-. The
terrace shall be at least six feet IV) wide.
(3) Existing topography. Cut or fill slopes shall
be constructed to eliminate sharp angles of
intersection with the existing terrain and shall
be rounded and contoured to blend with the
existing topography.
(4) Setback requirements. The following
setback requirements shalt be reviewed by
CD169:5
easement. The required setback of
retaining wall, cut slopes, and fill slopes
from the edge of easements shall be as
given in the illustrations. Where no
utilities are present in an easement, or
where utilities are planned to be
relocated, and where such action is
approved by all utilities, in writing, then
easements may fall within a cut or fill
section.
(d) Setbacks from structures. The required
setback of retaining walls, cut slopes,
and fill slopes from structures shall be
as given in the illustrations. If a
structure forms an integral part of the
retaining wall, then the setbacks do not
apply to that structure.
(9) 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.
Fayetteville Code of Ordinances
(9) 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, storm
(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 onsile. 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 out 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 may be_ _ _ - Deleted: shall
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)
RocksMl. 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 Walerbody, 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 buffer strips wattles, or
demonstrating slope stability, erosion
silt fence shall be provided immediately for
control, and drainage control is provided
stockpiles and remain in place until other
togetherwith a re -vegetation plan.
stabilization is in place. Storm drain inlets
must be protected from potential
CD169:6
TITLE XV UNIFIED DEVELOPMENT CODE
sedimentation from storage piles by silt
Hillside/Hilltop Overlay District shall be
fence or other appropriate barriers.
planted immediately after the physical
alteration of the land with complete and
Properly stabilized topsoil stockpiles may be
uniform ground cover. Sod, erosion
used for sedimentation control.
fabric, herbaceous groundcover (in
wooded areas), and/or a hydroseed with
(4) Existing vegetation. Every means shall be
warts 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)
Planl/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
§169.06(F)(5) above.
(c) 10:1 up to 4:1 grade: Re -vegetation
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.
(a) More than 3:1 grade: Any finish grade
over 3:1 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.
(f) Hillside/Hilltop Overlay District. Re -
vegetation of lands within the
CD169:7
(G) Undisturbed land requirements. In the
development of residential subdivisions,
allowable- grading of slopes shall be in
accordance with this table.
Averse Grade
Minimum Undisturbed Area
10 to 15 percent
40
percent
15 to 20 percent
50
percent
11 > 20 percent
60
percent
In the development of Large Scale Developments,
Large Site Improvement Plans, and lots within the
Hillside Overlay District, the minimum amount of
undisturbed land shall equal the percent minimum
Fayetteville Code of Ordinances
tree canopy pursuant to §167.04 (C). Planned Zoning
Districts shall show undisturbed areas, but may be
approved by the City Council with lesser percentages
of undisturbed area than required above.
(H) Required retaining wall and rock cut design.
(1) Desigrdinspection. Any retaining wall more
than four feet in height shall be designed by
a registered professional engineer, and shall
be field inspected by the design engineer.
The design engineer shall provide proof of
inspection and certify that the wall was
constructed in conformance with the design.
The City Engineer may require retaining
walls less than four feet in height to be
designed by a professional engineer.
(2) Investigation/report. All proposed rock cuts
and any cut or fill 10 feet or greater will
require a geotechnical investigation and a
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 safely rails shall also
apply to vertical or near vertical rock cuts
and to steep (greater than 3:1) 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; Orel. 5336, 8-340)
[93S[1MHr1
TITLE XV UNIFIED DEVELOPMENT CODE
L E
G E N D
---------------
EXISTING GROUND
a --- --"---"-
PROPERTY OR EASEMENT LINE
PROPOSED GROUND
-------
CONSTRUCTION LIMITS
SBI
MINIMUM SETBACK FROM PROPERTY LINE UOWNHILL
S82
MINIMUM SETBACK FROM PROPERTY LINE UPHILL
TO
TIE BACK
S
SLOPE
F,
FOUNDATION DOWNHILL
Fx
FOUNDATION UPHILL
CI
LIMITS OF CONSTRUCTION -DOWNHILL
Cz
LIMITS OF CONS (RUCTION -UPHILL
Downhill CUT SLOPE Uphill
PL PL
Cp=Limits of
Construction
See Note 5
SS, = FI +5' RETAINING WALL S82= C+5'
Downhill CUT SLOPE Uphill
PL PL
561
SBa
5' C2 5'
_._J__-_ ____.
s.a Noto I. j
'Fi
Ca=Limits of
Construction
See Note 5
SBA= F,,+5' BLOCK RETAINING WALL SBo= C+5'
CUT SLOPE
Downhill Uphill
NOTES
L MITTEN 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.
a. MINIMUM SLOPE AND DISTANCE FROM THE STRUCTURE
PER STATE BUILDING CODE MUST NOT BE VIOLATED.
& REFER TO THE OSHA TECHNICAL MANUAL SECTION 5
CHAPTER 2 FOR SOIL TYPES AND SLOPE EXCAVATION TO
DETERMINE THE OMITS OF CONSTRUCTION.
PL
58 2
_ -
SBI#
SEE �
BELOW PL
_
SBI. FILL SLOPE
2' Flatter Than 5:1
5- 5;1 To 3:1
8 Greater Than 3:1
Downhill FILL SLOPE Uphill
Cy=Limits of
Construction
See Note 5
SO,- FI+5' RETAINING WALL SB,= C+5'
Downhill FILL SLOPE Uphill
PL PL
SBI SB2
LB
i
F
C2=Limits of
Construction
See Note 5
SBI= FI+S BLOCK RETAINING WALL SB2= C+5'
FILL SLOPE
Downhlll Uphill
CD169:9
Fayetteville Code of Ordinances
-Apply to
Exis Ling
Structures
'11
3 (max)
Downhill
CUT SLOPE -
EXISTING STRUCTURES
SEE
eaow
Uphill
Uphill Sze SBts FILL SLOPE
note 4 5' Flatter Than 3:1
(typ) 10' 3:1 To 2:1
4H/3 Create, Than 2:1
FILL SLOPE -
EXISTING STRUCTURES
C -Limits of
B- Construction
See Note 5
SRC= H�4/3 RETAINING WALL SBz= C+;i
WITH STRUCTURES
Downhill CUT SLOPE Uphill
saz
Cz 5'
-,.. r6 -'--7
:\H
C =Limits of
Construction
See Note 5
SBA = H-4/3 , BLOCK RETAINING WALL SBz= C+5'
WITH STRUCTURES
Downhill CUT SLOPE Uphill
D=5' For Existing
note 4
(typ)
SBi- H-4/3
Downhill
D=5' For Existing
0=2' I-, U..,....�on
s of
Construction
See Note 5
RETAINING WALL SB = C+5'
WITH STRUCTURES 2
FILL SLOPE Uphill
note 4 Uz=Limns of
(Lyp) Construction
See Note 5
BLOCK RETAINING WALL SB,= C+S'
SB1= H-4/3 WITH STRUCTURES
Downhill FILL SLOPE Uphill
CD169:10
TITLE XV UNIFIED DEVELOPMENT CODE
169.07 Grading Plan Specifications
(12)Acreage/inning. Total acreage and caning
(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)Nafural vegetation preservation. Proposals
(3) Designation or grade. Areas with 0 to 10%,
for preserving natural vegetation and
10 to 15%, 15 to 20% andmore than 20%
description of re -vegetation or other
grade shall each be identified in a
permanent erosion control strategy.
distinguishing manner.
(17)RunoB/sedimentation. Specification of
(4) Identify land to be disturbed. Land areas to
measures to control runoff and
be disturbed shall be clearly identified.
sedimentation during construction indicating
what will be used such as straw bales, silt
(5) Engineer/architect. Seal of a registered
dams, brush check dams, lateral hillside
engineer, architect, or landscape architect
ditches, catch basins, and the like.
certifying that the plan complies with this
(18)Prafminary plat master build -out grading
chapter.
plan. The applicant shall prepare a master
(6) Cuts and fills. All cuts and fills, including
grading plan to be followed during individual
height and slope, shall be clearly shown on
lot development to convey runoff to a public
the plan.
drainage easement or right of way. In
addition to the requirements of 169.07 A, the
(7) Streets and rights -of -way. Location and
following shall be required for individual lot
names of all existing or platted streets or
drainage design:
rights -of -way within or adjacent to tract and
(a) Identify lot lines and conceptual foot
location of all utilities and easements within
or adjacent to the property shall all be
print of residence.
indicated.
(b) Establish the minimum finish Floor and
(8) Lot/building, etc. identification. The
grading adjacent to the residential
proposed location of lots, buildings, streets,
structure in accordance with Chapter
parking lots and parks, playgrounds or green
173 Building Regulations and the
space shall be indicated. Also to be
Arkansas Fire Prevention Code.
indicated is any existing or proposed building
(c) Indicate individual lot drainage with the
within 100 feel of the site.
use of spot elevations and flow arrows.
(9) Soil type. Soil types shall be identified
according to the Unified Soil Classification
(1) The minimum slope of the flow path
System.
from the top of curb, top bank, or
approved drainage inlet to the high
(10) Natural features. Location of natural
point of the final graded lot shall be
features such as drainage ways, ponds, rock
at a minimum of 2% for grassed
outcroppings, and tree cover. Indication of
surfaces.
100year floodplains as defined by FEMA.
(ii) In general, drainage should be
(11)Slreets and drainage ways. Profiles and
routed on the shortest practicable
cross sections for proposed streets and
flow path to the public right of way
drainage ways.
or drainage easement.
CD169:11
Fayetteville Code of Ordinances
(d) Non structural grassed swales for rear
lot drainage concentration is
discouraged and shall not be installed in
combination with a utility easement.
(a) 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.
(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 section
through the property showing existing and
proposed grades as part of the preliminary
submission.
The following additional required information may
be reported in text rather than shown on the
grading plan.
(1) Time schedule. A time schedule indicating
the anticipated starting and completion dates
of the development sequence and time of
exposure of each area prior to stabilization
measures.
(2) Description / fill material / compaction.
Description of quantity (in cubic yards),
source, and composition of imported fill
material and compaction specifications.
Also, note the quantity (in cubic yards) and
destination of excavation materials to be
removed from the site.
(3) Dust. Where excessive dust may become a
problem, a plan for spraying water on heavily
traveled dirt areas shall be addressed.
(4) Soils 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; Ord. 5336, 8-3-10)
169.08 Grading Platt Submittal
(A) Preliminary grading plan. A preliminary grading
plan shall be submitted at thetimeof preliminary
plat submission for subdivisions or plat
submission for large scale development,
whichever is applicable.
(B) Final grading plan. No subdivision may be
finalized, nor large scale development plat
approved before a final grading plan has been
submitted to the City Engineer and approved.
The final grading plan and the final plat of land
located within the Hillside/Hilltop Overlay District
shall have the following plat note slating:
'Property and lot owners of lands located within
the Hillside/Hilltop Overlay District shall have
foundation plans designed, approved and sealed
by a professional architect or engineer.
(C) A copy of the Stormwater Pollution Prevention
Plan (SWPPP) is required to be submitted with
the grading plan for sites one acre or larger.
(D) In cases where neither subdivision plat, nor LSD
plat is applicable, proof of notification of adjacent
property owners and grading plan must be
submitted simultaneously with the application for
a grading permit.
(Code 1991, §161.09; Om. No. 3551, 6431; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord. 5308, 3-
16-10; Ord. 5336, 8-3-10)
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.
(Ord. 5336, 8.3-10)
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; Ord. 5336, 8-3-
10)
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; Ord. 5336, 8-3-10)
169.12 Certificate Of Occupancy
All re -vegetation and grading plan improvements shall
be in place before a certificate of occupancy shall be
CD169:12
TITLE XV UNIFIED DEVELOPMENT CODE
issued including cleanup and restorationlrevegetation
of ad acent and nearby property affected by
construction activities.. 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; Ord. 5336, 8-3-10)
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
the property is fully stabilized. If property is
transferred anytime between the onset of
development and at the time it is fully stabilized. all
responsibility and liability for meeting the terms of the
chapter shall be likewise transferred to the new
property owner.
(Code 1991, §161.16; Ord. No. 3551, 64-91; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. 5336, B-3-10)
169.14-169.99 Reserved
C0169:13
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............................................................................................... 8
170.10 STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES .......................................: 8
170.11 PRELIMINARY PLAT, LOT REQUIREMENTS............................................................................. 10
170.12 1 & 2 FAMILY RESIDENTIAL REQUIREMENTS......................................................................... 11
170.13 STORMWATER POLLUTION PREVENTION............................................................................... 11
170.14-170.99 RESERVED........................................................................................................................ 12
CW70:1
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 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 stormwater.
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, 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord.
4920, 9-05-06; Ord. 5336, 8-3-10)
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; Ord. 5336,
8-3-10)
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:
CD170:3
(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
written notice of insufficiency or
incompleteness.
Fayetteville Code of Ordinances
(2)
Deadline for the revised application. A stop
stormwater flows on the site, or runoff from
work order for all grading on the project shall
the site.
be issued by the City Engineer if a revised
application is not submitted within four (4)
(5) Agriculture. Bona fide agricultural pursuits,
weeks of receipt by applicant of the written
for which a soil conservation plan has been
notice of insufficiency or incompleteness.
approved by the local Soil and Water
However, the City Engineer may delay
Conservation District.
issuance of the stop work order if the City
Engineer determines that the applicant has
(6) Emergency. Action taken under emergency
demonstrated prior to the deadline that
conditions, either to prevent imminent harm
circumstances not reasonably foreseeable
or danger to persons, or to protect property
and beyond the applicant's reasonable
from imminent danger of fire, violent storms,
control prevented his timely resubmission of
or other hazards.
a sufficient and complete revised drainage
permit application.
(E) Compliance with chapter provisions. Although a
specific permit is not required for these particular
(3)
Insufficient or incomplete revised application.
circumstances, this exception does not exempt
A stop work order for all grading on the
the owner/developer/builder from complying with
project shall be issued by the City Engineer if
the pollution prevention and erosion and
the revised application is determined by the
sediment control provisions of this chapter.
City Engineer to be still insufficient or
incomplete.
(Code 1991, §163.04; Ord. No. 3895, §t, 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4314, 5-15-01; Ord.
(4)
Stabilization and revegetation after stop work
4920, 9-05-06; Ord. 5336, 8-3-10)
order. If a stop work order is issued pursuant
to §170.03 (C) (3), the applicant shall
170.04 Drainage Permit Conditions
stabilize and revegetate all graded and
Each permit issued shall be subject to the following
otherwise disturbed areas as set forth in
conditions.
§169.06(F)(6) and §169.04(B).
(A) Area. The development, including associated
(5)
Termination of stop work order. Any stop
construction, shall be conducted only within the
work order issued pursuant to §170.03 (C)
area specified in the approved permit.
(2) or §170.03 (C) (3), shall expire upon the
issuance of a drainage permit and
(B) Execution. Activities requiring a stormwater
compliance with any conditions contained in
management, drainage, and erosion control
the drainage permit.
permit shall not commence until the drainage
permit is approved. The approved drainage
(D) Exceptions where no drainage permit is required.
permit shall be on file with the city and a copy on
Drainage permits are not required for the
file. with the contractor for review and inspection
following:
upon request.
(1)
Single-family/duplex. One single-family
(C) Inspections. A schedule of inspections to be
residence or duplex . A drainage permit is
carried out during the construction phase of
not required. See Section 170.12 for
permitting shall be established as condifions to
building permit submittal requirements.
the permit.
(2)
Commercial/Industrial. One commercial or
(0) Duration.
industrial project built on an individual lot that
is part of a larger subdivision that has been
(1) Unless revoked or otherwise modified, the
'permit
issued an approved drainage control permit
duration of a drainage issued
when the proposed project is demonstrated
pursuant to this chapter shall be one year.
to be in compliance with the overall
subdivision drainage permit.
(2) If the permitted project discharge structure is
not completed prior to expiration, the
(3)
Existing commercial/industrial. Existing
drainage permit duration can be extended to
commercial and industrial structure where
cover the project duration, subject to
additional structure[ improvements are less
approval of the City Engineer.
than 2,000 square feet.
(E) Maintenance. Maintenance activities, as specified
(4)
Maintenance. Maintenance or clearing
in the approved maintenance plan, shall be
activity that does not change or affect the
executed routinely, with scheduled reporting to
quality, rate, volume, or location of
the City Engineer.
CD170-.4
TITLE XV UNIFIED DEVELOPMENT CODE
(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 conditions, as
deemed appropriate by the City Engineer, shall
be established to address specific project needs
or circumstances.
(Code 1991, §163.05; Ord. 3895, §1, 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06: Ord. 5336, 8-
3-10)
170.05 Drainage Permit Application
A storm water management, drainage, and erosion
control permit application shall be submitted to the
City Engineer using appropriate forms as provided by
the city. A permit application shall contain sufficient
information and plans to allow the City Engineer to
determine whether the project complies with the
requirements of this chapter. The specific items to be
submitted for a permit application shall be in the form
and follow the procedures as described in the
Drainage Criteria Manual, Section 1, Drainage Report
Checklist. Submittal information and plans shall
include, but not be limited to the following:
(A) Applicant identification. Applicant information,
including the name, address, email, and
telephone number of the owner and developer,
and proof of ownership of the property to be
permitted. In addition, the legal description of the
property shall be provided, and its location with
reference to such landmarks as major water
bodies.
(B) Plan. Stormwater management, drainage and
erosion control plan, shall include, but not be
limited to the following:
(1) Aerial photograph. Aerial photograph of the
project vicinity, covering the project area and
the total lands that contribute runoff.
(2) Topographic map. Topographic map of the
project area showing the location and
elevation of benchmarks, including at least
one benchmark for each control structure.
(3) Land use map. Land use map showing both
current and proposed conditions for the
drainage area that contributes runoff.
(4) Soils and vegetation map. Soils and
vegetation map displaying the most recent
U.S. Soil Conservation Service information
and encompassing both the project area and
the drainage area that contributes runoff.
(5) Grading, drainage, paving, building
drawings. Proposed grading, drainage,
paving, and building drawing(s) showing
details of proposed grading, drainage,
paving, and buildings.
(6) Erosion and sediment drawings. Erosion and
sediment control drawing(s) and
specifications identifying the type, location,
and schedule for implementing erosion and
sediment control measures, including
appropriate provisions for maintenance and
disposition of temporary measures.
(7) Technical report. Technical report, prepared
by a registered professional engineer,
describing the assumptions, calculations,
and procedures used for determining
compliance with the performance criteria
established by this chapter.
(8) Maintenance report. Maintenance report
(text and drawings), prepared by a registered
professional engineer, describing the
activities and schedule required to operate
and maintain the permitted facilities until
accepted by the city.
(Code 1991, §163.06; 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; Ord. 5336, 8-3-10)
170.06 Submission, Review, And
Approval Of Plans
(A) General. The stormwater management, drainage,
and erosion control plans shall be prepared by
the engineer of record, who is a licensed
professional engineer of the State of Arkansas.
(B) Pre -preliminary drainage plan and review. A pre -
preliminary stormwater management, drainage,
and erosion control plan review with the
engineering staff is suggested before platting, re -
plats, lot splits, building permits, and/or
development improvements begin for the
purpose of overall general drainage concept
review.
(C) Preliminary stormwater and drainage plan.
Preliminary stormwater management, drainage,
and erosion control plans and accompanying
CD170:5
Fayetteville Code of Ordinances
information as described in the Drainage Criteria
Manua/ 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; Ord. 5336, 8-
representative of the developer, including the
3-10)
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
overall stormwater management concept for the
control plan. Stormwater management, drainage,
proposed development and to review criteria and
and erosion control plans shall be prepared in
design parameters that shall apply to final design
accordance with performance standards that
of the project.
have been structured to achieve the purposes
and objectives of this. chapter as well as to
(D) Final stormwater management, drainage, and
ensure that the quality and quantity of runoff after
erosion control plan. Following the preliminary
development is not substantially altered from
stormwater management, drainage, and erosion
predevelopment conditions.
control plan review, the final stormwater
management drainage, and erosion control plan
(B) Performance criteria. Except as otherwise
shall be prepared for each phase of the proposed
provided in this chapter, a development must be
project as each phase is developed. The final
designed, constructed, operated, and maintained
plan shall constitute a refinement of the concepts
to comply with the following performance criteria:
approved in the preliminary stormwater,
drainage, and erosion control plan, with
(1) Flood Damage Prevention Code. Provisions
preparation and submittal of detailed information
for fioodplain management criteria shall be
as required in the Drainage Criteria Manual. This
consistent with those contained in Chapter
plan shall be submitted at the time construction
168, the Flood Damage Prevention Code.
drawings are submitted for approval.
(2) Peak discharge. The post -development peak
(E) Review and approval of final stormwater
rate of surface discharge must not exceed
management, drainage, and erosion control
the existing discharge for the 100 year, 24
plans. Final stormwater management, drainage,
hour storm, the 10 year, 24 hour storm, and
and erosion control plans shall be reviewed by
the 2 year, 24 hour storm, unless other
the City Engineer. If it is determined according to
discharge limits are deemed applicable for a
present engineering practice that the proposed
specific site by the City Engineer.
development will provide control of stormwater
(3) Low Impact Development. Use of Low
runoff in accordance with the purposes, design
criteria, and performance standards of these
Impact Development design strategies, as
regulations and will not be detrimental to the
described in Chapter 179, to attenuate lesser
public health, safety, and general welfare, the
storms and more closely mimic
City Engineer shall approve the plan or
predevelopment hydrology is encouraged.
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.
(F) Off -site improvements. If it is determined that
A stilling basin or other structure that will
offsite drainage improvements are required, and
collect sediment, trash, etc and that will
that such specific off -site drainage improvements
reduce the likelihood of erosion in the
are consistent with the city's current and
receiving stream due to discharge from the
established priorities, then cost sharing will be in
pipe shall be installed at pipe discharges into
accordance with "Required Off -site
streams and/or floodways.
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
(1) Developer's expense. Building the off -site
sedimentation of the receiving waters and
improvements at his/her own expense;
adverse impacts on the site's natural
systems. The design engineer shall consider
(2) Detention. Providing detention so as to
the on -site and downstream effects of the
match downstream capacities; or
peak discharges and shall design both the
CD170:6
TITLE XV UNIFIED DEVELOPMENT CODE
permanent and the construction phase of the
stormwater management system in a
(2) The name of the inspector;
manner that will not increase flooding,
channel instability, or erosion downstream
(3) The condition of:
when considered in aggregate with other
developed properties and downstream
(a) Pretreatment devices.
drainage capacities.
(b) Vegetation or filter media
(6) Drainage into wetlands and floodways.
Areas defined as "wetlands" and "floodways"
(c) Spillways, valves, or other control
by the appropriate federal agencies shall be
structures.
protected from adverse changes in runoff
quantity and quality from associated land
(d) Embankments, slopes or safety
development.
benches.
(7) Drainage Criteria Manual. The technical
(a) Inlet and outlet channels and structures.
procedures and design standards contained
in the Drainage Criteria Manual, prepared for
(f) Sediment and debris accumulation in
the City of Fayetteville, and adopted by this
storage and forebay areas.
chapter and as may be amended from time
to time, shall be used for guidance to
(g) Underground drainage.
determine compliance with the performance
criteria established by this chapter.
(h) Provide cross sectional data showing
the existing capacity of the detention
(Code 1991, §163.08; Ord. No. 3895, §1, 6-20-95; Ord. No.
pond for comparison to the minimum
4100, §2 (Ex. A), 6-16-98; Ord. 4920; 9-05-06; Ord. 5336, 8-
designed capacity in the approved final
3-10)
drainage report. Cross sectional data
shall be at the end of the fourth year. If
170.08 Maintenance Responsibility
the designed capacity is not available
the owner shall reestablish the original
(A) Dedication. Those stormwater management
approved volume in the final drainage
systems approved in compliance with this
report.
chapter that will function as a part of the
stormwater management conveyance system
(i) Any other item that could affect the
shall be dedicated to the city. All areas and/or
proper function of the stormwater
structures to be dedicated to the city must be
structures or systems.
dedicated by plat or separate instrument and
accepted by the City Engineer.
(4) Description of the needed maintenance.
(B) Agreement to Maintain Stormwater Systems and
(5) Description of maintenance activities
Structures. The owner of the property on which
undertaken.
stormwater systems and structures have been
installed shall agree tomaintainin good condition
After the 2nd Inspection Report is received, the
and promptly repair and restore all grade
City Engineer will make a determination whether
surfaces, walls, drains, dams and structures,
subsequent Inspection Reports will be required to
vegetation, erosion and sedimentation controls,
be submitted based upon the stabilization of the
and other protective devices.
site and the condition of the stormwater systems.
(D) Right -of -Entry for Inspection. The owner shall
(C) Maintenance Inspections. All privately owned
provide for the City Engineer or designee to enter
stormwater management facilities shalt be
the property at reasonable times and in a
inspected near the end of the first year of
reasonable manner for the purpose of inspecting
operation by the owner of the facilities. A
stormwater systems and structures.
subsequent inspection shall be performed at the
end of the fourth year to ensure functionality and
(E) Failure to Maintain. If a responsible person fails
compliance. Inspection reports shall be
or refuses to meet the requirements of the
submitted to and maintained by the City Engineer
inspection and maintenance agreement the City
for all stormwater systems and structures.
shall give written notice requesting corrective
Inspection reports for stormwater systems and
action. If the conditions described in the Failure
structures shall include:
to Maintain notice are not corrected within 10
days after such notice is given, the mayor, or his
(1) The date of the inspection;
duly authorized representative, is hereby
CD170:7
Fayetteville Code of Ordinances
authorized to enter upon the property and do
and structures may only be modified or removed
whatever is necessary to correct or remove the
with the approval of the City Engineer, who shall
conditions described, in the notice. The costs of
determine the whether the stormwater system or
correcting said conditions shall be charged to the
structure does not function as a part of the
owner or owners of the property and the city shall
stormwater management system. The applicant
have a lien against such property for such costs.
may be required to provide supporting data and
calculations that justify the removal of the
(1) Enforcement of the Lien. The lien herein
stormwater systems or structures.
provided for may be enforced and collected
in either one of the following manners:
(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; Ord. 5336, 8-
(a) The lien may be enforced at any time
3-10)
within 18 months after work has been
Cross reference(s)--Enforcement, Ch., 153; Appeals, Ch.
done, by an action in circuit court; or
155, Variances, Ch. 156; Bonds and Guarantees, Ch. 158;
Fees, Ch. 159.
(b) The amount of the lien herein provided
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
(A) Application. Stormwater management, drainage,
owner or owners of the property, if the
and erosion control permit applications shall be
name and whereabouts of the owner or
submitted to the city for review, processing, and
owners be known, and if the name of
approval. Applicants may schedule a pre -
the owner or owners cannot be
application conference with the city discuss
determined, then only after publication
the
proposed project before submitting e
of notice of such hearing in a newspaper
application.
having a bona fide circulation in
Washington County for one insertion per
(g) Fee. A nonrefundable permit application fee shall
week for four consecutive weeks; the
be paid when the application is submitted to help
determination of the City Council shall
cover the cost of the plan review, administration
be subject to appeal by the property
and management of the permitting process and
owner in circuit court; and the amount
inspection of project implementation and
so determined at said hearing, plus ten
operation.
percent penalty for collection, shalt be
by the City Council certified to the tax
(C) Issuance. If the City Engineer determines that the
collector of the county, and by him
permit application submittal is in compliance with
placed on the tax books as delinquent
all provisions of this chapter, a permit may be
taxes, and collected accordingly, and
issued. If the City Engineer determines that the
the amount, less three percent thereof,
permit submittal does not conform with all
when so collected shall be paid to the
provisions of this chapter, permit issuance shall
city by the county tax collector.
be denied and a written statement as to the
reasons for the denial shall be provided to the
(c) In case the owner of any lot or other real
applicant.
property is unknown or his whereabouts
is not known or he is a nonresident of
(Code 1991, §163.10; Ord. No. 3895, §t, 6-20-95; Ord. No.
this state, then a copy of the written
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06; Ord. 5336, 8-
notice hereinabove referred to shall be
3-10)
posted upon the premises and before
any action to enforce such lien shall be
170.10 Stormwater Discharges From
had, the City Clerk shall make an
Construction Activities
affidavit setting out the facts as to
unknown address or whereabouts or
non -residence, and thereupon service of
(A) General Requirements for Construction Sites.
the publication as now provided for by
(1) Construction Site. A construction site is a
law against nonresident defendants may
site with activity that would result in the
be had, and an attorney ad [item may be
creation of a new stormwater management
appointed to notify the defendant by
system, including the building, assembling,
registered letter addressed to his last
expansion, modification, or alteration of the
known place of residence if same can
existing contours of the property; the
be found.
erection of buildings or other structures, any
(F) Removal and modification of Stormwater
part thereof; or land clearing.
Systems and Structures. Stormwater systems
CD170:8
TITLE XV UNIFIED DEVELOPMENT CODE
(2) Owner Responsibility. The owner of a site of
construction activity shall be responsible for
compliance with the requirements of this
chapter.
(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/exits 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) Construction Sites Requiring Storm Water
Pollution Prevention Plans. Erosion and
sediment control systems must be installed
and maintained per a state approved Storm
Water Pollution Prevention Plan before the
beginning of construction and until slope
stabilization and/or vegetation is established.
For sites between 1 and 5 acres, the
SWPPP must be onsite at all times. For
sites over 5 acres, the NOI and the SWPPP
must be onsite at all times.
(6) Concrete Truck Wash Areas. No washing of
concrete trucks or chutes is allowed except
in property located and constructed concrete
wash pits. Proper runoff and erosion
controls must be in place to retain all
concrete wash water.
(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
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.
(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.
(7)
Dewatering. All rainwater pumped out of
sumps and depressions on construction sites
(11) Post -Construction Compliance. Upon
should be clear and free of sediment, and
completion of permitted construction activity
must discharge to a sedimentation pond,
on any site, the property owner and
sediment bag, or settling tank in such a
subsequent property owners will be
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
Stormwater 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
CD170:9
Fayetteville Code of Ordinances
notification of all contractors and utility
as part of the stormwater pollution
agencies on the site.
prevention plan for at least three (3)
years from the date the site is finally
(C) Stormwater Pollution Prevention Plans.
stabilized and shall be made available
Preparation and implementation of Stormwater
upon request to the City.
Pollution Prevention Plans for construction
activity shall comply with the following:
(c) Modifications. Based on inspections
performed by the owner or by
(1) Implementation
authorized City personnel, modifications
to the SWPPP will be necessary if at
(a) Installation and Maintenance. BMPs
any time the specified BMPs do not
meet the objectives of this chapter. In
shall be installed and maintained by
this case, the owner/developer builder
qualified persons. The owner or their
authorized representative shall meet
representative shall provide upon the
with authorized City personnel to
wi
City Engineers request a copy of the
determine the appropriate modifications.
SWPPP on site and shall be prepared to
All modifications shall completed
respond to unforeseen maintenance
the
within seven (7) days e referenced
requirements of specific BMPs.
inspection, except in circumstances
(b) A qualified inspector (provided by the
necessitating more timely attention, and
shall be recorded on the owner s copy of
owner/developer/builder) shall inspect
the SWPPP.
disturbed areas of the construction site
and areas used for storage of materials
(D) Requirements for Utility Construction
that are exposed to precipitation that
have been finally stabilized, and
(1) Utility agencies shall be responsible for
locations where vehicles enter or exit
compliance with the requirements this
the site. BMPs must be observed to
chapter.
ensure proper operation. Inspectors
must inspect for evidence of, or the
(2) Utility agencies shall develop and implement
potential for, pollutants entering the
Best Management Practices (BMPs) to
stormwater conveyance system.
prevent the discharge of pollutants on any
Discharge locations must be inspected
site of utility construction within the City. In
to determine whether BMPs are
addition, the City may adopt and impose
effective in preventing significant
BMPs on utility construction activity.
impacts to waters of the State, where
accessible. Where discharge locations
(3) Utility agencies shall implement BMPs to
are inaccessible, nearby downstream
prevent the release of sediment from utility
locations must be inspected to the
construction sites. Disturbed areas shall be
extent that such inspections are
minimized, disturbed soil shall be managed
practicable. The inspections must be
and construction site entrances shall be
conducted at least once every seven (7)
managed to prevent sediment tracking.
calendar days and within 24 hours of the
Excessive sediment tracked onto public
end of a stone that is 0.5 inches or
streets shall be removed immediately.
greater as measured at the site or
generally reported in the vicinity of the
(4) Prior to entering a construction site or
site. A rain gauge must be maintained
subdivision development, utility agencies
on -site.
shall have obtained from the owner a copy of
A report shall be prepared for each
any SW PPPs for the project. Any
inspection summarizing the scope of the
disturbance to BMPs resulting from utility
inspection; natitle(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
(Ord. 4920, 9-05-06; Ord. 5336, 8-3-10)
rain event, BMPs on -site; observations
relating to whether BMPs are in working
170.11 Preliminary Plat, Lot
order and whether maintenance is
required (when scheduled and
Requirements
completed); the locations and dates
when major construction activities begin,
occur, or cease; and the signature of the
inspector. The reports shall be retained
CD170:10
TITLE XV UNIFIED DEVELOPMENT CODE
(A) Preliminary Plats. Preliminary Plats shall include
approved master drainage plan, this plan shall be
a master drainage plan for each lot related to the
included in the building permit application and the
proposed infrastructure and adjacent lots.
individual lot drainage plan shall follow the
master drainage plan.
(B) Preliminary Plats for Residential Subdivisions.
Preliminary Plats for residential subdivisions shall
(Ord.5336, 8-3-10)
provide detailed drainage information including
flow arrows and design spot elevations including
170.13 Stormwater Pollution Prevention
the proposed finish floor elevation meeting the
Arkansas Fire Prevention Code for building
(A) Prohibitions
safety regulations for positive drainage of each
lot.
(1) Illicit discharges are prohibited. An illicit
(C) Rear lot drainage easements. Rear lot drainage
discharge is a storm drain that has
measurable flow containing pollutants and/or
easements for nonstructural grassed swales shall
pathogens. No person shall discharge
not overlap utility easements with above ground
anything but uncontaminated stormwater,
structures, is, electric transformers, gas meters,
into the storm drainage system. Common
communication junctions, etc.
stormwater contaminants include trash, yard
(D) Final Ptat. The Final Plat shall include the
waste, wastewater, oil, petroleum products,
approved master drainage plan to be filed as a
cleaning products, paint products, hazardous
supplemental document. The scale shall be
waste and sediment.
legible and approved by the City Engineer.
(2) Illicit connections are prohibited. Illicit
(Ord. 5336, 6-3-10)
connections are any drain or conveyance
which allows an illicit discharge to enter the
170.12 1 & 2 Family Residential
storm drainage system. This prohibition
includes illicit connections made in the past,
Requirements
regardless of whether the connection was
permissible at the time of connection.
(A) 1 &2 Family Residential and Sites under One
Acre. All residential lots must maintain properly
(3) No person shall connect a line conveying
installed erosion and sediment control measures
sanitary sewage, domestic sewage or
from the beginning of construction until slope
industrial waste, to the storm drainage
stabilization and/or vegetation is established in
system, or allow such a connection to
order to prevent silt and sediment from going
continue.
offsite or into the street.
(B) Exemptions. The following non-stormwater
(B) A building permit application shall contain
discharges are acceptable and not a violation of
sufficient site drainage and grading information to
this chapter:
determine whether the project complies with the
requirements of this chapter and Chapter 169,
(1) A discharge authorized by an NPDES permit
including, but not limited to:
other than the NPDES permit for discharges
from the MS4;
(1) locations and types of proposed
stormwater and erosion control BMP,s. (2) Uncontaminated waterline flushing and other
infrequent discharges from potable water
(2) Lot lines and conceptual foot print of sources;
building.
(3) Infrequent uncontaminated discharge from
(3) Minimum finish floor and grading landscape irrigation or lawn watering;
adjacent to the residential structure in
accordance with Chapter 173 Building. (4) Discharge from the occasional non -
Regulations and the Arkansas Fire commercial washing of vehicles within zoned
Prevention Code. residential areas;
(4) Individual lot drainage features, using (5) Uncontaminated discharge from foundation,
spot elevations and flow arrows. footing or crawl space drains, sump pumps
and air conditioning condensation drains;
(C) If the Final Plat of the Subdivision, in which the (6) Uncontaminated groundwater;
proposed building is located, includes an
CD170:11
Fayetteville Code of Ordinances
(7)
Diverted stream flows and natural riparian
recommendations and applicable laws.
habitat or wetland flows;
Excessive application shall be avoided.
(8)
A discharge or flow of fire protection water
(7) Open Drainage Channel Maintenance. Every
that does not contain oil or hazardous
person owning or occupying property
substances or materials.
through which an open drainage channel
passes shall prevent trash, debris, excessive
(9)
Any other non-stormwater discharge
vegetation, and other obstacles from their
determined by the City Engineer to meet the
property from entering the drainage channel.
standards and objectives of this chapter.
(D) Release Reporting and Cleanup. Any person
(C) Requirements Applicable to Certain Discharges
responsible for a release of materials which are
or may result in illicit discharges to the storm
(1)
Private Drainage System Maintenance. The
drainage system shall take all necessary steps to
owner of any private drainage system shall
ensure the discovery, containment, abatement
maintain the system to prevent or reduce the
and cleanup of such release. In the event of such
discharge of pollutants. This maintenance
a release of a hazardous material, said person
shall include, but is not limited to, sediment
shall comply with all state, federal, and local laws
removal, bank erosion repairs, maintenance
requiring reporting, cleanup, containment, and
of vegetative cover, and removal of debris
any other appropriate remedial action in
from pipes and structures.
response to the release.
(2)
Minimization of Irrigation Runoff.
(E) Authorization to Adopt and Impose Best
Concentrated flow of irrigation water to the
Management Practices. The City may adopt and
storm drainage system is prohibited.
impose a Best Management Practices Manual
Irrigation systems shall be managed to
and requirements identifying Best Management
reduce the discharge of water from a site.
Practices for any activity, operation, or facility,
which may cause a discharge of pollutants to the
(3)
Cleaning of Paved Surfaces Required. The
stone drainage system. Where specific BMPs
owner of any paved parking lot, street or
are required, every person undertaking such
drive shall clean the pavement as required to
activity or operation, or owning or operating such
prevent the buildup and discharge of
facility shall implement and maintain these BMPs
pollutants. The visible buildup of mechanical
at their own expense.
fluid, waste materials, sediment or debris is a
violation of this chapter. Paved surfaces
(Ord. No. 4855, 4-18-06; Ord. 4920, 9-05-06; Ord. 5336, 8-3-
shall be cleaned by dry sweeping, wet
10)
vacuum sweeping, collection and treatment
of wash water or other methods in
170.14-170.99 Reserved
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 spit
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
CD170:12
CkI T `V, mw-vf)
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND
EROSION CONTROL
- - Deleted: ¶
170.6
I__NTE___NT...__....____________
......................................................................................................................................
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............................................................................................... .,_ 1- - Deleted: 9
170.10 STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES ........................................ & - - Deleted: 9
170.11 PRELIMINARY PLAT, LOT REQUIREMENTS............................................................................. i 1 _ - Deleted: 11
170.12 1 & 2 FAMILY RESIDENTIAL
11
170.13 STORMWATER POLLUTION PREVENTION............................................................................... 7L 1 _. Deleted; 12
170.14-170.99 RESERVED........................................................................................................................ 3 Deleted: 13
CD170:1
Fayetteville Code of Ordinances
CD170:2
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND EROSION
CONTROL
170.01 Intent The City Council hereby adopts by reference the
Drainage Criteria Manual, prepared for the City of
(A) Intent. It is the intent of this chapter to protect, Fayetteville, and adopted by Ordinance No. 3895 of
maintain, and enhance the health, safety, and the City of Fayetteville, and as may be amended from
general welfare of the citizens of the City of time to time. All technical procedures and design
Fayetteville by: standards contained therein shall have the same
force and effect as if printed word for word in this
(1) Preventing increases in the magnitude and chapter.
frequency of stormwater runoff to prevent
increases in flood flows and associated (Code 1991, §163.03; Ord. No. 3895, §1, 6-20-95; OM. No.
hazards and costs. 4100, §2 (Ex. A), 6-16-98; Ord. 4920, 09-05-06; Ord. 5336,
8-3-10)
(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.
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.
It)1
(2) Collection and conveyance of stormwater.
Improper stormwater collection and
conveyance adversely affects property and
increases the incidence and severity of
flooding, which can endanger property and
human life. (C)
(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; 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord.
4920. 9-05-06; Ord. 5336, 8-3-10)
170.02 Adoption Of Drainage Criteria
Manual
CD170:3
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.
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 shallbe 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
written notice of insufficiency or
incompleteness.
Fayetteville Code of Ordinances
(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 applicants 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) CommercialMdustrial. 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 permitis not required for these particular
circumstances, this exception does not exempt
the owneAdevelopedbuilder 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; Ord. 5336, 6-3-10)
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.
CD170:4
(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.
(E) Maintenance. Maintenance activities, as specified
in the approved maintenance plan, shallbe
executed routinely, with scheduled reporting to
the City Engineer.
TITLE XV UNIFIED DEVELOPMENT CODE
(3) Land use map. Land use map showing both
(F) Modifications. If the activity authorized by the current and proposed conditions for the
permit is not completed according to the drainage area that contributes runoff.
approved schedule and permit conditions, the
City Engineer shall be notified. For revisions (4) Solis and vegetation map. Soils and
resulting in a schedule extension of more than 30 vegetation map displaying the most recent
days, or if deviations from the permit conditions U.S. Soil Conservation Service information
are expected to occur, approval of a permit and encompassing both the project area and
modification is required by the City Engineer. the drainage area that contributes runoff.
(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 conditions, as
deemed appropriate by the City Engineer, shall
be established to address specific project needs
or circumstances.
(Code 1991, §163.05; Ord. 3895, §t, 6-20-95; Ord, No.
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06; Ord. 5336, 8-
3-10)
170.05 Drainage Permit Application
A storm water management, drainage, and erosion
control permit application shall be submitted to the
City Engineer using appropriate fortes as provided by
the city. A permit application shall contain sufficient
information and plans to allow the City Engineer to
determine whether the project complies with the
requirements of this chapter. The specific items to be
submitted for apermit application shall be in the form
and follow the procedures as described in the
Drainage Criteria Manual, Section 1, Drainage Report
Checklist. Submittal information and plans shall
include, but not be limited to the following:
(A) Applicant identification. Applicant information,
including the name, address, email, and
telephone number of the owner and developer,
and proof of ownership of the property to be
permitted. In addition, the legal description of the
property shall be provided, and its location with
reference to such landmarks as major water
bodies.
(B) Plan. Stormwater management, drainage and
erosion control plan, shall include, but not be
limited to the following:
(1) Aerial photograph. Aerial photograph of the
project vicinity, covering the project area and
the total lands that contribute runoff.
(2) Topographic map. Topographic map of the
project area showing the location and
elevation of benchmarks, including at least
one benchmark for each control structure.
CD170:5
(5) Grading, drainage,
paving,
building
drawings. Proposed
grading,
drainage,
paving, and building
drawing(s)
showing
details of proposed
grading,
drainage,
paving, and buildings.
(6) Erosion and sediment drawings. Erosion and
sediment control drawing(s) and
specifications identifying the type, location,
and schedule for implementing erosion and
sediment control measures, including
appropriate provisions for maintenance and
disposition of temporary measures.
(7) Technical report. Technical report, prepared
by a registered professional engineer,
describing the assumptions, calculations,
and procedures used for determining
compliance with the performance criteria
established by this chapter.
(8) Maintenance report. Maintenance report
(text and drawings), prepared by a registered
professional engineer, describing the
activities and schedule required to operate
and maintain the permitted facilities until
accepted by the city.
(Code 1991, §763.06; Ord. No. 3895, §1, 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Om.
4920, 9-05-06; Ord. 5336, 8-3-10)
170.06 Submission, Review, And
Approval Of Plans
(A) General. The stormwater management, drainage,
and erosion control plans shall be prepared by
the engineer of record, who is a licensed
professional engineer of the State of Arkansas.
(B) Pre -preliminary drainage plan and review. A pre -
preliminary stormwater management, drainage,
and erosion control plan review with the
engineering staff is suggested before platting, re -
plats, lot splits, building permits, and/or
development improvements begin for the
purpose of overall general. drainage concept
review.
(C) Preliminary stormwater and drainage plan.
Preliminary stormwater management, drainage,
and erosion control plans and accompanying
Fayetteville Code of Ordinances
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 stornwater 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, drainage, and
erosion control plan. Following the preliminary
stormwater management, drainage, and erosion
control plan review, the final stormwater
management drainage, and erosion control plan
shall be prepared for each phase of the proposed
project as each phase is developed. The final
plan shall constitute a refinement of the concepts
approved in the preliminary stormwater,
drainage, and erosion control plan, with
preparation and submittal of detailed information
as required in the Drainage Criteria Manual. This
plan shall be submitted at the time construction
drawings are submitted for approval.
(E) Review and approval of final stormwater
management, drainage, and erosion control
plans. Final stormwater management, drainage,
and erosion control plans shall be reviewed by
the City Engineer. If it is determined according to
present engineering practice that the proposed
development will provide control of stormwater
runoff in accordance with the purposes, design
criteria, and performance standards of these
regulations and will not be detrimental to the
public health, safety, and general welfare, the
City Engineer shall approve the plan or
conditionally approve the plan, setting forth the
conditions thereof.
(F) Of -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,
to contribute its share of the off -site costs, the
developer shall have the option of:
(1) Developers expense. Building the off -site
improvements at his/her own expense;
(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, §163.07; Ord. No. 3895, §t, 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06; Ord. 5336, 8-
3-10)
170.07 Performance Criteria
(A) Storm water management, drainage, and erosion
control plan. Stormwater management, drainage,
and erosion control plans shall be prepared in
accordance with performance standards that
have been structured to achieve the purposes
and objectives of this chapter as well as to
ensure that the quality and quantity of mnoff after
development is not substantially altered from
predevelopment conditions.
(B) Performance criteria. Except as otherwise
provided in this chapter, a development must be
designed, constructed, operated, and maintained
to comply with 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.
(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) 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.
CD170:6
(4) 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.
(5) 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
TITLE XV UNIFIED DEVELOPMENT CODE
permanent and the construction phase of the
stormwater management system in a (2) The name of the inspector;
manner that will not increase flooding,
channel instability, or erosion downstream (3) The condition of:
when considered in aggregate with other
developed properties and downstream (a) Pretreatment devices.
drainage capacities.
(b) Vegetation or filter media
(6) Drainage into wetlands and floodways.
Areas defined as "wetlands" and "floodways"
by the appropriate federal agencies shall be
protected from adverse changes in runoff
quantity and quality from associated land
development.
(7) Drainage Criteria Manual. The technical
procedures and design standards contained
in the Drainage Criteria Manual, prepared for
the City of Fayetteville, and adopted by this
chapter and as may be amended from time
to time, shall be used for guidance to
determine compliance with the performance
criteria established by this chapter.
(Code 1991, §163.08; Ord. No. 3895, §1, 6-20-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06; Ord. 5336, 8-
3-10)
170.08 Maintenance Responsibility
(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.
(c) Spillways, valves, or other control
structures.
(d) Embankments, slopes or safety
benches.
(a) 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.
(B) Agreement to Maintain Stormwater Systems and
(5) Description of maintenance activities
Structures. The owner of the property on which
undertaken.
stormwater systems and structures have been
installed shall agree to maintain in good condition
After the 2ntl Inspection Report is received, the
and promptly repair and restore all grade
City Engineer will make a determination whether
surfaces, walls, drains, dams and structures,
subsequent Inspection Reports will be required to
vegetation, erosion and sedimentation controls,
be submitted based upon the stabilization of the
and other protective devices.
site and the condition of the stormwater systems.
.__:____________
_ ______________
(D). Right -of -Entry for Inspection. The owner shall_
(C) Maintenance Inspections. All privately owned
provide for the City Engineer or designee to enter
stormwater management facilities shall be
the property at reasonable times and in a
inspected near the end of the first year of
reasonable manner for the purpose of inspecting
operation by the Owner of the facilities. _ A _ _
_ _ _ _ _ stormwatersystems-and stmctuo:s._ _ _ _ _ _ _ _ _�
subsequent inspection shall be performed at the
end of the fourth year to ensure functionality and
(E) Failure to Maintain. If a responsible person fails `
compliance. Inspection reports shall be
or refuses to meet the requirements of the
submitted to and maintained by the City Engineer
inspection and maintenance agreement the City
for all stormwater systems and structures.
shall give written notice requesting corrective
Inspection reports for stormwater systems and
action. If the conditions described in the Failure
structures shall include:
to Maintain notice are not corrected within 10
days after such notice is given, the mayor, or his
(1) The date of the inspection;
duly authorized representative, is hereby
CD170:7
Deleted: ¶
(B)
Deleted: Perpetual Inspections and
Maintenance Agreements. The City
shall require a Stormwater
Management Practices Maintenance
Agreement, for systems not dedicated
to the City, of all amities for
stonnwater management conveyance
systems and structures in the
stornwater 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 ofthe
property on which the stormwater
systems structures have been
installed shall agree to undergo
ongoing inspections, and document
maintenance and repair needs.¶
1
(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.¶
1I
(C) . Approved Entities for Perpetual
Maintenance Agreements. All
stormwater management structures
or systems approved in compliance
with this chapter but not dedicated to
the C'Ty 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 stomlwater 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:¶
4
(1) . Special districts and public
entities. An active watercontrol
district, drainage district, public utility,
or a special assessment district;¶
11
(2). Developer or property o 1
Deleted: Stormwater Management
Maintenance Agreement
Deleted: party designated in the
Stormwater Management Practices
Agreemen
Fayetteville Code of Ordinances
authorized to enter upon the property and do
and structures may only be modified or removed
whatever is necessary to correct or remove the
with the approval of the City Engineer, who shall
conditions described, in the notice. The costs of
determine the whether the stormwater system or
correcting said conditions shall be charged to the
structure does not function as a part of the
owner or owners of the property and the city shall
stormwater management system. The applicant
have a lien against such property for such costs.
may be required to provide supporting data and
calculations that justify the removal of the
(1) Enforcement of the Lien. The lien herein
stormwater systems or structures.
provided for may be enforced and collected
in either one of the following manners:
(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; Ord. 5336, 8-
(a) The lien may be enforced at any time
3-10)
within 18 months after work has been
Cross reference(s)—Enforcement, Ch., 153; Appeals, Ch.
done, by an action in circuit court; or
155, Variances, Ch. 156; Bonds and Guarantees, Ch. 158;
Fees, Ch. 159.
(b) The amount of the lien herein provided
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
(A) Application. Stormwater management, drainage,
owner or owners of the property, if the
and erosion control permit applications shall be
name and whereabouts of the owner or
submitted to the city for review, processing, and
owners be known, and if the name of
approval. Applicants may schedule a pre -
the owner or owners cannot be
application conference with the city to discuss a
determined, then only after publication
proposed project before submitting the
of notice of such hearing in a newspaper
application.
having a bona fide circulation in
Washington County for one insertion per
(B) Fee. A nonrefundable permit application fee shall
week for four consecutive weeks; the
be paid when the application is submitted to help
determination of the City Council shall
cover the cost of the plan review, administration
be subject to appeal by the property
and management of the permitting process and
owner in circuit court; and the amount
inspection of project implementation and
so determined at said hearing, plus ten
operation.
percent penalty for collection, shall be
by the City Council certified to the tax
(C) Issuance. If the City Engineer determines that the
collector of the county, and by him
permit application submittal is in compliance with
placed on the tax books as delinquent
all provisions of this chapter, a permit may be
taxes, and collected accordingly, and
issued. If the City Engineer determines that the
the amount, less three percent thereof,
permit submittal does not conform with all
when so collected shall be paid to the
provisions of this chapter, permit issuance shall
city by the county tax collector.
be denied and a written statement as to the
reasons for the denial shall be provided to the
(c) In case the owner of any lot or other real
applicant.
property is unknown or his whereabouts
is not known or he is a nonresident of
(Code 1991, §163.10; Ord. No. 3895, §1, 6-20-95; Ord. No.
this state, then a copy of the written
4100, §2 (Ex. A), 6-16-98; Ord. 4920, 9-05-06; Ord. 5336, 8-
notice hereinabove referred to shall be
3-10)
posted upon the premises and before
any action to enforce such lien shall be
170.10 Stormwater Discharges From
had, the City Clerk shall make an
Construction Activities
affidavit selling out the facts as to
-
unknown address or whereabouts or
non -residence, and thereupon service of
(A) General Requirements for Construction Sites.
the publication as now provided for by
law against nonresident defendants may
(1) Construction Site. A construction site is a
be had, and an attorney ad litem may be
site with activity that would result in the
appointed to notify the defendant by
creation of a new stornwater management
registered letter addressed to his last
system, including the building, assembling,
known place of residence if same can
expansion, modification, or alteration of the
be found.
existing contours of the property; the
erection of buildings or other structures, any
(F) Removal and modification of Stormwater
part thereof; or land clearing.
Systems and Structures. Stormwater systems
CD170:8-
TITLE XV UNIFIED DEVELOPMENT CODE
(2) Owner Responsibility. The owner of a site of
construction activity shall be responsible for
compliance with the requirements of this
chapter.
(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/exits 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
andnot washed into inlets.
(4) Construction Sites Requiring Storm Water
Pollution Prevention Plans. Erosion and
sediment control systems must be installed
and maintained per a state approved Storm
Water Pollution Prevention Plan before the
beginning of construction and until slope
stabilization and/or vegetation is established.
For sites between 1 and 5 acres, the
(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
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.
SWPPP must be onsite at all times. For
(10)Franchise and Private Utilities. The property
sites over 5 acres, the NOI and the SWPPP
owner or main contractor onsite will be
must be onsite at all fimes.
responsible for restoring all erosion and
sediment control systems and public
46J
Concrete Truck Wash Areas._ No washing of
infrastructure_ damaged or_ disturbed by_
_
concrete trucks or chutes is allowed except
_ _ _ _ _ _ _
underground private or franchise utility
in,properly located and ggn%acted concrete
Construction such_ as water and sewer
wash pits,- Proper runoff- erosion_
-
leads, telephone gas, cable etc.
_ _and_ _ _
controls must be in place to retain all
_ _ _ _ _ _ _service
Erosion and sediment control systems must-`„
concrete wash water.
be immediately restored after each utility o
construction.
(7)
Dewafering. All rainwater pumped out of
n
sumps and depressions on construction sites
(11) Post -Construction Compliance. Upon
should be clear and free of sediment, and
completion of permitted construction activity
must discharge to a sedimentation pond,
on any site, the property owner and
sediment bag, or settling tank in such a
subsequent property owners will be
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
Stormwater 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
CD170:9
Deleted: (5) . Construction Exits. A
stabilized rock exit is required on
construction sites. Rock exits must
be at least 20' wide by 20' long (1 & 2
family residential) or 50' long (all
other construction sites) by 6° thick
stabilized rock having a minimum
average diameter of 3". If there's 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.¶
Deleted: specific
Deleted: located onske.
Fayetteville Code of Ordinances
notification of all contractors and utility
agencies on the site.
(C) Stormwater Pollution Prevention Plans.
Preparation and implementation of Stormwater
Pollution Prevention Plans for construction
activity shall comply with the following:
(1) Implementation
(a) installation and Maintenance. BMPs
shall be installed and maintained by
qualified persons. The owner or their
representative shall provide upon the
City Engineers request a copy of the
SWPPP on site and shall be prepared to
respond to unforeseen maintenance
requirements of specific BMPs.
(b) 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), titles) 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.
(c) Modifications. Based on inspections
performed by the owner or by
authorized City personnel, modifications
to the SWPPP will be necessary if at
any time the specified BMPs do not
meet the objectives of this chapter. In
this case, the owner/developer/builder
or authorized representative shall meet
with authorized City personnel to
determine the appropriate modifications.
All modifications shall be completed
within seven (7) days of the referenced
inspection, except in circumstances
necessitating more timely attention, and
shall be recorded on the owners copy of
the SWPPP.
(D) Requirements for Utility Construction
(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.
(4) Prior to entering a construction site or
subdivision development, utility agencies
shall have obtained from the owner a copy of
any SW PPPs for the project. Any
disturbance to BMPs resulting from utility
construction shall be repaired immediately
by the utility company in compliance with the
SWPPP.
(Ord. 4920, 9-05-06: Ord. 5336, 8-3-10)
170.11 Preliminary Plat, Lot
Requirements
CD170:10
TITLE XV UNIFIED DEVELOPMENT CODE
(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 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.
(Ord. 5336, 8-3-10)
170.121 & 2 Family Residential
Requirements
(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 and grading information to
determine whether the project complies with the
requirements of this chapter and Chapter 169,
including, but not limited to:
(1) locations and types of Proposed
stormwater and erosion control BMP.s.
(2) Lot lines and conceptual foot print of
building.
(3) Minimum finish floor and grading
adjacent to the residential structure in
accordance with Chanter 173 Buildino
Reoulations and the Arkansas Fire
Prevention Code.
(4) Individual lot drainage features. using
soot elevations and flow arrows.
(C) If the Final Plat of the Subdivision, in which the
proposed building is located, includes an
CD170:11
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.
(Ord. 5336, E-3-10)
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 fromfoundation,
footing or crawl space drains, sump pumps
and air conditioning condensation drains;
(6) Uncontaminated groundwater;
Fayetteville Code of Ordinances
(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-stormwaler 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
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; Ord. 5336, 8-3-
10)
170.14-170.99 Reserved
CD170:12
NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS
THE MORNING NEWS OF SPRINGDALE
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NORTH NORTNG HWEST ARKANSAS
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AFFIDAVIT OF PUBLICATION RECEIVED
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the SEP 09 2011
Northwest Arkansas Newspapers, LLC, printed and published in CITY OF FAYETTEVILLE
Washington and Benton County, Arkansas, bona fide circulation, CITY CLERK'S OFFICE
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville
Ordinance 5431
Was inserted in the Regular Editions on:
September 1, 2011
Publication Charges: $ 90.80
OAV'U)l '
Cathy Wiles
Subscribed rn ibed and sw to before me
This D day of["- , 2011.
Notary Public
My Commission Expires:
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Please do not pay from Affidavit. Invoice will be sent.