HomeMy WebLinkAboutOrdinance 5316 ORDINANCE NO. 5316
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF
THE CITY OF FAYETTEVILLE, TO ADD CHAPTER 179: LOW IMPACT
DEVELOPMENT.
WHEREAS, in 2009 the City of Fayetteville and the Beaver Water District entered into an
agreement to have Geosyntec Consultants produce a Nutrient Reduction Plan, and
WHEREAS, one of the recommendations of the Nutrient Reduction Plan was for the City of
Fayetteville to develop a Low Impact Development ordinance to reduce non-point source water pollution
from entering the Beaver Lake watershed, and
WHEREAS, the Green Infrastructure group from the Fayetteville Forward Economic
Accountability Summit has worked to promote the adoption of environmentally sensitive design
solutions, such as Low Impact Development, and
WHEREAS, a member of the City Council has worked to advance the adoption of Low Impact
Development principles and practices as an elected official and in her professional capacity,and
WHEREAS, the development community is beginning to acknowledge and embrace the
advantages of utilizing Low Impact Development systems and solutions to better manage stormwater
runoff, and
WHEREAS, the City of Fayetteville recognizes the environmental benefit of Low Impact
Development practices for the greater good of the region's water resources.
NOW,THEREFORE,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 amends the Unified
Development Code by adding Chapter 179: Low Impact Development as shown in Exhibit"A" attached
hereto and made a part hereof.
PASSED and APPROVED this 20th day of April, 2010.
APPROVED ATTEST:
ZPAELD
BB,Mayor SONDITA E.SMITH,City C16 reasurir ;FAYETTEVILLE:
%?sy,RkANSP°J��•
°'°i',NGTON,oG�°°°
Exhibit"A"
Page 1 of 10
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 179: LOW IMPACT DEVELOPMENT
179.01 PURPOSE........................................................................................................................................3
179.02 APPLICABILITY..............................................................................................................................4
179.03 LOW IMPACT DEVELOPMENT SITE DESIGN STRATEGIES......................................................4
179.04 SUBMITTALREQUIREMENTS........................................................................................................7
179.05 LID CREDITS....................................................................................................................................8
179.06 MAINTENANCE OF LID SYSTEMS AND STRUCTURES.............................................................8
179.07-179.99 RESERVED...........................................................................................................................9
CD179:1
Exhibit"A"
Page 2 of 10
CHAPTER 179: LOW IMPACT DEVELOPMENT
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CD179:2
Exhibit"A"
Page 3 of 10
179.01 Purpose impacts of stormwater discharge from
It is the purpose of this chapter to provide a land development.
regulatory basis for site design and development
which incorporates Low Impact Development (B) LID Principles.
(LID) strategies into land development. This
chapter provides techniques for property owners, (1) Define and locate critical resource areas
builders and land developers to integrate site during the project planning stage, such
appropriate stormwater management practices as; wetlands, riparian zones and soils
while striving to maintain or enhance natural site with infiltration capacities.
features. This may reduce or eliminate structural
components of a conventional storm water (2) Minimize impervious surfaces such as
management system. streets driveways and parking areas.
Some of the existing natural site features typically (3) Minimae direct connection of
protected through the use of LID techniques are: diYs r ater courses.imepervious areas which convey runoff
, ntly to v elandow
wetlands, floodplains, forested areas, hillsides, ,
riparian corridors and existing soils
(A) Attenuate stor(Tiwater flow through a
,
There are a variety of LID design alternatives that f r k diverse system of, collection and
allow professionals in the land development field ff( infiltration.
the flexibility to implement LID stormwater design '
elements. The various LID practices can be used ` 179.02 AppllcabIII
ty
alone or in series to maximize benefits to the site I� ^) ,4 ;
In most cases, some type of structural drainage �(]�) Development approval. The standards and
systems will also be required to be implemented `Iuideliris contained in this chapter shall
in conjunction with LID element. apply,in all cases where a land developer
�= chooses, to utilize LID to obtain
(A) Objectives. The objectives of this ordmapce Administrative, Planning Commission or City
are: t a .,, , Council app(pyal for their project.
(1) To establish criteria by which a LID B) Engin6enng approval. The City Engineer, or
strategy can6s measured and >` their designee, will administer this chapter
implemented t y `` > ', r and shall'be responsible for final approval of
all LID systems and structures. With the
(2) To stave to Maintain and restore, natural approval of the City Engineer, LID systems
rainwater absorption and infiltration and structures may be implemented to
processes, w, replace or supplement conventional
w stormwater management systems. The use
(3) To strive to., maintain pre development of these systems must also be concurrent
hydrologic riditions with other code requirements such as
landscaping, fire access, etc. Systems that
filter polluartsa fromstarmwater are approved shall be integrated where their
runoff thereby im(irogmg waifY quality design function dictates.
;and positively impacjng the region's
Makes,streams and groUhdwater, 179.03 LID Site Design Strategies
(5) To reduce stormwater runoff intensity (A) Definition. For the purposes of this chapter
and veloaty Low Impact Development (LID) is a
stormwater management strategy concerned
(6) To preserve riparian banks and beds, with maintaining, restoring or replicating the
and reduce sedimentation that impairs natural hydrologic functions of a site, where
water quality; possible, by employing a variety and
combination of natural and built features that
(7) To promote the widespread use of LID reduce the volume and velocity of
practices integrated with conventional stormwater runoff,filter out its pollutants,and
stormwater engineering; facilitate the infiltration of water into the
ground.
(8) To protect the safety and welfare of
citizens, property owners, and (B) Site design strategies. Generally, site design
businesses by minimizing the negative strategies will address the arrangement of
buildings, roads, parking areas, and other
CD179:3
Exhibit"A"
Page 4 of 10
features, and the conveyance of stormwater feet(typical)
runoff across the site. LID site design Soils Permeable soils
strategies are intended to complement the recommended—
natural and built environment while Underdrain may be
necery
minimizing the generation of runoff. Site Adessa
design strategies should address some or all Slopes 2 4 n consideration
of the followingconsiderations: Water table/Bedrock 2 a 4 ft.clearance above
- water table recommended
(typical)
(1) Necessary grading and land disturbance Proximity to Foundations Minimum 10 ft.separation -
should be designed to encourage sheet from building foundations
flow and lengthen stormwater flow (typical)
paths. Maximum Depth 2 to 4 ft.depending on
41 soil type (typical)
(2) Natural drainage divides should beMaintenance , ` _ Low requirement—routine
maintained to keep flow paths landscape maintenance
dispersed.
b): Dry W¢ll p dry well is an excavated
(3) Areas of impervious surfaces should be A plt dug <nto the native soil and
separated and stormwater should be � P backfilled with aggregate such as
conveyed across vegetated areas. This -%' pea gravel or crushed stone. Dry
assists runoff filtration and encourageswells are utilized for stormwater
infiltration. infiltration from budding downspouts
arid,as catch basins for surface
(4) Distribute small-scale LID strategies ' runoff.
across the development site in order to
maximize benefits. Y D Well
Space R�gquired Minimum surface area
^ '. range 6 to 20 square feet
(5) To the maximum extent possible treat 4 t ical
pollutant loads where they are Boils Permeable soils
generated. ecommended
Backfill V" Clean aggregate
(6) Preserve naturally 96detatad�areas surrounded by
soil types th'a{t-�3slow _Yunoff, filter.r engineering filter fabric
pollutants and`f�`cllitate infiltration. , �+ Slopes A design consideration—
e�41 locate downgrade from
{ ,� = ' buildings
(7) LID systms and structures should be
integrated intoK the natufal and .built -Nater table/Bedrock 2—4 ft.clearance above
g :� ` water table recommended
landscape with,attentio !Z,,"a flow paths (typical)
infiltration area8l and the use of+ xp;' Proximity to Foundations Minimum 10 ft.separation
epptopRete native plant materials. from building foundations
",""' ✓ � � (typical)
C) SJte Design ElerilaIMii. l n addition to water Maximum Depth 6 to 10 ft.depending on
quality impacts the following LID�site..design soil type (typical)
dements when successfully implemented, Outflow Structures Overland flow path for
perfoim three necessary finctions; filtration runoff exceeding the dry
well capacity should be
and"Altration, capturer and re-use and evaluated
reductions m impervious surfaces. Specific
Maintenance Low requirement—routine
site desigN laments ape outlined below: landscape maintenance
v ms's. - ��:.
(1) FiltrahonAnfiltiabon (c) Filter Strips: Filter strips are bands
of vegetation, usually grass, planted
(a) Bio-retention and Rain Gardens: Bio- between a stormwater pollutant
retention is a practice to manage source and a downstream receiving
and treat stormwater runoff by waterbody. Filter strips are very
using an amended planting soil bed effective adjacent to parking lots
and native planting materials to where sheet flow is designed to
filter runoff stored within a shallow travel over the filter strip to a swale
depression. or retention area. Filter strips trap
sediment and pollutants thereby
Bio-retention Basin/Rain Garden
providing some infiltration while
Space Required Minimum surface area
range of 50 to 200 square
CD179:4
Exhibit"A"
Page 5 of 10
slowing and dispersing stormwater Outflow Structures Overland flow path of
over a larger area. surface runoff exceeding
the capacity of the trench
Filter trips must be identified and
Length and size A minimum length of 20 evaluated.
Storage Time Empty within three days.
feet is recommended
(typical)
(typical)
Flow Should be used to control
overland sheet flow only (f) Enhanced retention / wet pond: A
Slopes Minimum slope=1.0% wet retention pond is designed as a
Maximum slope permanent pool of water, often with
determined by site additional, flood control and
conditions (typical) extended'detention storage volume
Maintenance Low requirement—routine avallatil' above the permanent
landscape maintenance pool":?'Retention ponds generally
d Grassed Swales: Swales have hold water for release only through
O evapotranspiration and infiltration.
traditionally been used in rural and
suburban areas with low residential , :'Enhanced Reteotidn/Wet Pond
densities as a conveyance for General' Design • ':Size of the
runoff from roads and highways. ;Considerations Watershed
watershed
The modern swale as a LID ' Vegetative cover of
element is utilized as both a method F � the'cwatershad and
of conveyance and retention, and pond
as an infiltration strategy. Dry ' Seasonal effects
swales typically have 2 to 3 feet ofand variation
c y •
permeable soil located ab¢hre, a w Soil erodibility and
- infiltration rate
gravel base allowing stormwaterto
• storm
infiltrate. characteristics
Permanent Pool pepth 2-3 ft.minimum(typical)
Grassed Swales 9-1 oft.maximum(typical)
Channel Capacity Swalemgst be sized to �`� 3-6 ft.average(typical)
conVe,,YYth'p"peak cx-� Cin th to Width Ration 3:1 (typical)
dischLCof the design v ''Inlet and Outlet' Should be located to
maximize flow length
Soils h �'Permeability of the soil �t" Side Slopes 3:1 maximum(typical)
will determine whether to "Erosion Control Riprap or other suitable
.,use a d of wet Swale erosion control means
Bottom Widthu,= 2 foot minimum ,�' y needed for the inlet and
M g
a foot maximum ical ' ' outlet structures
Side Slo es '_ 3 1 orfli ter t ical "" -v' _,` Aquatic Bench An aquatic bench of a
Flow 4 inches minimum maximum depth of 18
st ical",.°;,;,. inches extending inward
Winteriance N Low requinment—routine from the normal pool edge
=larldscape maifnteoance for 15 feet is
n
Y r recommended for safety
Infiltration trencJl.. An infiltration considerations and
mosquito control
trench is an excavated trench that
°has been back filled with aggregate Vegetation Appropriate plant
materials should be
of stone to form aZubsurface basin.
F
Ston111�iaterrunoff is diverted into chosen for pollution
the tre0 aid-•'is stored until it can removal, aesthetics and
maintenance
be infiltrated"into the soil, usually requirements
r
over a period of several days. The Maintenance Debris removal from inlet
scale allows for applicability in a and outlet structures
variety of small urban drainage should occur once a
areas. month and after
significant storm events.
Infiltration Trenches Sediment removal will be
required periodically.
Soils Works best in mid to high
permeable soils (2) Capture and Re-use
Excavation Depth 3 to 12 feet (typical)
Backfill 1.5 to 3 inch clean
aggregate t ical
CD179:5
Exhibit"A"
Page 6 of 10
(a) Rain barrels: Rain barrels capture These systems are
runoff from roof structures for later difficult to incorporate into
use primarily to irrigate landscapes retrofit situations where
and gardens. This low cost and the soils are compacted.
easily maintained retention system Sub grade Materials and Particular care should be
can be applicable to both small Drainage given to the permeability
pp of the underlying soil.
scale single family residences and Soils that do not drain well
larger commercial or industrial may be unsuitable for this
sites. material.An underdrain
system may be required.
Rain Barrels Base Course The type and depth of the
Filtration Screens Water conveyed by :. reservoir base course
downspouts should be should be designed based
filtered through a screen on the storm event.
that can be removed and
cleaned (biz Permeable pavers: includes
Overflow An overflow outlet must a -`concrete:,;.grid and grass pavers,
be provided to bypass a'' interlocking cpncrete modules and
rainfall from large stormunit pavers such.as brick or stone.
events.Overflow may be
channeled through an ^; permeable Pavers,
infiltration ditch or French ,F '
drain or to a rain garden. ;_Applicability Maytig'; used as a
Spigot A drain spigot with garden ' � rt crosswalk:`material with
hose threading is needed k; ' engineering approval in
for irrigation.
,�", urban situations. Also an
��'
appropriate surface for
parking areas, excluding
(b) Cisterns: Cisterns are rainwater drive aisles
capture containers that have sthe Sub grade Materials Pavers should be set on a
rapacity for large rain events=on ,, crushed stone base that
extensive roof areas They Fare allows for permeability.
usually located underground and ,Mantenance %j Periodically, portions may
generally range m ,capacity from j need to be reset due to
100 to 1,400 gallons 'r E '" ,�� settling of the subsurface
materials or excessive
loads.
,CISs V ,
Filtration 52 Water should be filtered C Green roofs: Green roofs consist of
through a screen that can ftp ( )
<+Abe removed and cleaned VI a layer of soil and vegetation
Water re use -Crstemui ,have--limen `' installed on top of a conventional
17- � adapted'fo provide non s y) flat or slightly sloped roof. The
potable }water for indoor vegetation captures rainwater
.use allowing evaporation and
Desion'Considerahons CgpacityVshould be evapotranspiration processes to
j �kdstermined Eby the roof reduce the runoff volume. Green
ai"acaptunO,fbat large roofs work by absorbing rainwater
. , stdtm events for use by the plant materials.
(3) Impervious Surface Reductions.
Green Roofs
` Applicability Green rooftop area may
(a) Permeable pavement: Permeable be limited by structural
pavement refers to any load- capacity
v
bearing� surface that has the Essential Components A roof structure
capability to infiltrate runoff into the capable or supporting
underlying base course and soil. the necessary weight
Permeable pavement should be loads.
limited to use in low volume traffic • A waterproofing
areas such as parking strips, system designed to
shoulders and sidewalks. protect the building.
A drainage layer
Permeable Pavement consisting of porous
media capable of
Applicability Permeable pavement water storage for plant
should be used only in uptake.
low volume traffic areas. . A geosynthetic layer to
CD179:6
Exhibit"A"
Page 7 of 10
prevent fine media site and within 100 ft of the project
from clogging the boundaries.
porous media.
• Appropriate soil and (j) Delineate all tree canopy to be
plant materials removed and retained on site.
(4)Additional LID Site Design Elements. (k) Delineate the limits of soil
Additional LID site elements determined disturbance and grading on and off
to be beneficial and that meet the site site.
design strategies may be approved by (1) Show existing soil classifications for
the City Engineer, f
the site and within 100 feet of the
179.04 Submittal Requirements prole�tdindaries.
m provide a note of any known
(A) Application Submittal ekistIon problems on site or
ywdhinQO downstream of the
(1) Submittal. Projects incorporating LID property
structures or systems shall submit to the
Development Services Division a LID site (n) Show the location of any known or
design plan sheet, along with all other existing water ;wells, sumps,
required site design plan sheets cesspools, springs,., water
illustrating the location and type of LID { rEitnpoundments and�rinderground
design element(s) being proposed. The W�lructures within the project.
City Engineer will require the following r
information on the LID site design plan (o) Show the location of all known
sheet: potentially dangerous areas,
;',including areas subject to flooding,
(a) Names, addresses, zoning Vditd rl slope settlement, or any previously
property lines of all property owners\ filled,areas and the means of
adjacent to the exterior boundanes,l mitigating the hazards.
of the project
�r
the existing and proposed
(b) Name address and phone lumbers , locations of all utilities, rights-of-way
of the &wheys, developers, and and easements.
prolebterepresentatrvesa
(q) Show all existing or proposed LID
(c) North arroM/ scaje date$ "'of r y ' systems or structures, storm sewer
preparation zoning 'classificatibn y structures, septic systems, water
and pidpgsed use, systems, sanitary sewer structures
/ and drainage structures; including
(d) Title block in� lower- right hand locations,types and pipe sizes.
corner indicating the name jand type
4 of project, scale and frm or (r) Show the proposed lot layout for
mate iandlrews onsng the drawing, any proposed development plat, subdivision or
(e) qn accurateI (s) Show the location of all existing or
proposed areas containing
(f) A wcimty'ma of the project with a impervious surface including
radius of 15 miles from the project rooftops, streets, driveways,
boundaries. sidewalks,and patio areas.
(g) The location of all existing (2)Soils Report.The applicant shall submit a
structures. soils report that provides essential
technical information regarding the
(h) Show 100 year floodplain and/or existing and proposed soils. The soils
floodway and base flood elevations. report shall provide all necessary
information that supports the
(i) Existing and proposed topographic incorporation of the proposed
information, with the source noted, conventional and LID stormwater
at two foot contours for the project systems and structures.
CD179:7
Exhibit"A"
Page 8 of 10
designed and constructed according to
(3)Drainage Report. The applicant shall the approved plans.
submit a drainage report that provides all
necessary information that supports the (3) A final inspection of all LID systems and
LID design elements within the structures shall be performed
development, including specifications and prior to final plat or temporary certificate
technical information for the site specific of occupancy approval.
design details that support the proposed
LID systems and structures. (B) Dedication. Those LID structures or systems
approved in compliance with this chapter
179.06 LID Credits that will function as a part of the stormwater
management conSeyance system shall be
(A) LID systems and structures may be dedicated toZe it All areas and/or
permitted in lieu of conventional stormwater structures to beiiedicated to the city must be
systems including: curb and gutter, storm dedicated qy plat or separate instrument and
drain inlets, piping, etc., when supporting acceptedCity Engineer. Final
data is presented and approved by the City detertninabon of structures or systems to be
Engineer. deli{cased shallbe'made by the City
g <F gI r
(B) The volume of required retention/detention
facilities may be reduced where it is proven '(CY,Perpetual Inspechons aitd Maintenance
that the LID design elements are sufficient to ,,„R' Agreements The City sh@II fequire a
'
partially accommodate the design storm Stormwater” Management Practices
volume required in the Drainage Criteria Mamtenarfce Agreement of all entities that
Manual �utiliz"I systems and structures in the
stOng Water management plan for their
(C) At such time that a stormwater WSIi4y5 proposed development. The City shall
formed that requires an assessment ora fee x requretthe following set of documents and
then the use of LID systems and structii"res " agreemeunts:prior to LID stormwater systems
may reduce or eliminate those fees ,run ? andstructuresapproval:
accordance with the ena ling ordinance
(1 Arement of Maintenance
µ` Re`sponsbility. The owner of the
179.06 Maintenance &'LID'Systtems
� property on which the LID systems and
and Structures,, structures have been installed shall
t agree to undergo ongoing inspections,
l , and document maintenance and
(A) Construction App�Ioyai int&Elzrand ;= repair needs.
Inspections LID systems and- structures
shall be con&ttu ed and installed as follows
(2) Agreement to Maintain LID Systems and
m°' s Structures.The owner of the property on
(1)7As part of th Gradingnd_,Drainage which LID systems and structures have
permit appt& ,, pio�ss, a been installed shall agree to maintain in
aconstruction inspection schedule good condition and promptly repair and
,shall be established ,;by they Project restore all grade surfaces, walls, drains,
<<Engineer and appr rued by the City dams and structures, vegetation,
Engrfjezer to address; critical project erosion and sedimentation controls, and
milest'onea. Underthe approved other protective devices.
inspectsg$�n sche�ule no work shall
proceedLOtil the City Engineer inspects (D) Approved Entities for Perpetual Maintenance
and aud:6pies work to proceed Agreements. All LID structures or systems
beyond each scheduled milestone. Any approved in compliance with this chapter but
portion of the work that does not not dedicated to the city shall have adequate
comply with the permit conditions shall easements to permit the city to inspect and,
be specified in writing by the City if necessary to take corrective action should
Engineer and promptly corrected by the responsible entity fail to properly
the responsible entity. maintain the system. Maintenance of all
2 All LID systems and structures that are other LID structures or systems approved in
O y compliance with this chapter and not
designed as part of the stormwater dedicated to the City shall be accomplished
conveyance or storage system shall be by the legal entity responsible for
CD179:8
Exhibit"A"
Page 9 of 10
maintenance, which may include an
approved entity as identified in the following: (3) The condition of:
(1) Special districts and public entities. An (a) Pretreatment devices.
active water control district, drainage
district, public utility, or a special (b)Vegetation or filter media.
assessment district;
(c) Spillways, valves, or other control
(2) Developer or property owner. A structures.
developer or property owner who
provides a bond or other assurance of (d) Embankments, slopes or safety
continued financial capability to operate benches
and maintain stormwater management
systems and who executes a binding (e) nlet rand outlet channels and
legal Stormwater Management str aures
Practices Maintenance Agreement with r
the city; or, (fJedimenY arid:debris accumulation in
storage and foPebay areas.
(3) Property owner associations. Property A
owner associations able to comply with (g)Underground drainage.
the following provisions:
(h) Any other item that"cgul ,affect the
(a) The association provides a binding , proog,,unction of the LID structures or
legal Stormwater Management r �sterrfs.
Practices Maintenance Agreement `
through which it assumes;,full (4) ,4escription of the needed maintenance.
responsibility for the LID sfructur--Sr
or systems operafon and (F) Rrghtf Entry for Inspection. The
maintenance. Stormwater;, Management Maintenance
Agreement 'shall vide for the City
(b) The association, has sufficient; Engineer or designee to enter the property at
powers to operate anil maintain the f rea''s bl times and in a reasonable
:,.
LID structuress syst'ms,,establish ` " mannerwfor the purpose of inspecting LID
rules, assess-members colltrad for systems and structures.
sernces �ezist perpetually'?and, rf ��'�
dissAid a;to provide alternative e,(G) Failure to Maintain. If a responsible person
operaho and 'ixrauitenance fails or refuses to meet the requirements of
services 1 rt , the inspection and maintenance agreement
`z the City shall give written notice requesting
A.rW,Sc)-'TheZassociafton dap provide a bond corrective action. If the conditions described
y
or other;assurances of financial in the Failure to Maintain notice are not
capabiliiiii o operate and, maintain corrected within 10 days after such notice is
` the LID structures or sytemsgiven, the mayor, or his duly authorized
, a representative, is hereby authorized to enter
(E) h7arntenance/nspecbons%All privately owned upon the property and do whatever is
stormwater management facilities shall be necessary to correct or remove the
inspected near the anhe first year of conditions described, in the notice.The costs
operation Subsequent insp>?ctions should be of correcting said conditions shall be
performed orfc every three years to ensure charged to the owner or owners of the
functionality anG« compHance. The property and the city shall have a lien
Stormwater MFaF(agement Practices against such property for such costs.
Maintenance Agreement shall specify the
responsible party for conducting long term (1) Enforcement of the Lien. The lien herein
inspections. Inspection reports shall be provided for may be enforced and
submitted to and maintained by the City collected in either one of the following
Engineer for all LID systems and structures. manners:
Inspection reports for LID systems and
structures shall include: (a)The lien may be enforced at any time
within 18 months after work has been
(1) The date of the inspection; done, by an action in circuit court; or
(2) The name of the Inspector;
CD179:9
Exhibit"A"
Page 10 of 10
(b) The amount of the lien herein non-residence, and thereupon service of
provided may be determined at a the publication as now provided for by
hearing before the City Council held law against nonresident defendants may
after 30 days written notice by certified be had, and an attorney ad litem may be
mail to the owner or owners of the appointed to notify the defendant by
property, if the name and whereabouts registered letter addressed to his last
of the owner or owners be known, and if known place of residence if same can
the name of the owner or owners cannot be found.
be determined, then only after
publication of notice of such hearing in a (H) Removal and modification of LID systems
newspaper having a bona fide and structures. LID systems and structures
circulation in Washington County for one may only be modified or removed with the
insertion per week for four consecutive approval of,t6e °:City Engineer, who shall
weeks; the determination of the City determine the LID system or structure does
Council shall be subject to appeal by the not funchon as, a part of the stormwater
property owner in circuit court; and the management system. The applicant may be
amount so determined at said hearing, requited to proyttle, supporting data and
plus ten percent penalty for collection, calculations that justify„the removal of the
shall be by the City Council certified to � LID,systems or structures
the tax collector of the county, and by ?,
him placed on the tax books as "(I} Exemptions from maintenan e, agreements
i :,
delinquent taxes, and collected and inspections. LID systems;"a[id,structures
accordingly, and the amount, less three 'z, that are 'not designed ast part of a
percent thereof, when so collected shall `:,` ` devetdpment and are instead utilized on a
be paid to the city by the county tax sde by,Mt basis (i.e., use of a rain barrel at
collector. ( single family home, or individual rain
garEiens or filter strips on a site) shall not be
(c) In case the owner of any lot or otF er required to submit a formal maintenance and
real property is unknown or his inspection agreement, unless the function of
whereabouts is not known or he i 'a the LID system or structure is found to be
nonresident of this state At czessential to accommodating the stormwater
the written notice hereinabove referred"j� needs r of-a the property or surrounding
to shall be posted,uponlhe>premisest ` properties by the City Engineer.
and before aiy action to enfoe such
lien shallrbe;�isd, the City Clerk shall
make an affidaYlt setting outhheTacts as
to unknown`address or whereabouts or
j y
Vky��
CD179:10
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
# /.4o
City Council Meeting Date
Agenda Items Only
Leif Olson Development Services Development Services
Submitted By Division Department
Action Required:
An ordinance to amend the Unified Development Code to add Chapter 179: Low Impact Development.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
SIL 1l'Ihl, 43 ZS�ao Previous Ordinance or Resolution#
Depart ent ct Date
Original Contract Date:
Zr� I Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in City &TEna
Clerk's Office
$ LS 10
h-ieT of St Date
Received in 6�Tfflf
` Mayors Office
or Date
Comments:
Revised January 15,2009