HomeMy WebLinkAboutORDINANCE 6061a' A M j
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6061
File Number: 2018-0202
ADM 18-6130 (UDC AMENDMENT CHAPTERS 156, 166, AND 169: SEQUENCE OF GRADING
PERMITS):
AN ORDINANCE TO AMEND § 156.04 - PHYSICAL ALTERATION OF LAND AND STORMWATER
DRAINAGE AND EROSION CONTROL OF CHAPTER 156 VARIANCES; § 166.02 -
DEVELOPMENT REVIEW PROCESS OF CHAPTER 166 DEVELOPMENT; AND VARIOUS
SECTIONS OF CHAPTER 169 PHYSICAL ALTERATION OF LAND OF THE FAYETTEVILLE
UNIFIED DEVELOPMENT CODE TO CLARIFY THE APPROVAL PROCESS FOR GRADING
PERMITS, TO GENERALLY REQUIRE DEVELOPMENT APPROVAL PRIOR TO THE ISSUANCE
OF GRADING PERMITS, TO MAKE ADMINISTRATIVE CHANGES, AND TO PASS AN
EMERGENCY CLAUSE
WHEREAS, the Unified Development Code currently allows grading permits to be issued prior to
development approval; and
WHEREAS, this has resulted in a loophole that has allowed site grading without staff or the Planning
Commission reviewing plans for conformance with all Unified Development Code requirements; and
WHEREAS, clarification of code sections pursuant to their stated intent and purpose strengthens the
development review process;
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 § 156.01 by inserting
the following language at the beginning of the section: "A variance of the requirements of §§ 166.02 and
169.03 requiring development approval prior to issuance of grading permit may be granted by the
Planning Commission subject to the General Requirements of § 156.03."
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Ordinance: 6061
Eik N!l17 er,- 2018-0202
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §166.02(D)(2)
by repealing the title of the subsection and replacing it with "Preliminary Plat, Large Scale Development and
Small or Large Site Improvement Plans. "
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends §169.01(B) by
replacing "and cutting (or similar activities)" with "excavation, or land alteration of any kind."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 169.03 - Permits
Required/Exceptions and enacts a replacement § 169.03 as follows:
(B) Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling, excavation, or land
alteration of any kind shall require:
(1) Prior development approval as specified in Chapter 166, except for general grading to an
existing developed site that does not impact trees or floodplains and does not significantly alter
the natural landform;
(2) A grading permit pursuant to this chapter; and
(3) An Arkansas Department of Environmental Quality Stormwater Construction Permit and
incorporated Stormwater Pollution Prevention Plan, if required by state law.
(C) Residential Grading Permit Required. When located within the Hillside/Hilltop Overlay District
boundaries:
(1) Construction of up to two (2) single-family residences or a duplex on a single lot shall require a
grading permit;
(2) Residential building additions of 2,000 square feet or more on a single lot shall require a
grading permit;
(3) Residential 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 no trees are
impacted do not require a grading permit;
(4) Parcels of land divided by the Hillside/Hilltop Overlay District boundary shall only be subject
to the requirements of this chapter on that portion of land lying within the boundary.
(D) Exceptions to Permit Requirements. Grading permits are not required for the following:
(1) Excavation Below Finished 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.
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Ordinance: 6061
M Number.• 2018-0202
(2) Cemetery graves.
(3) Refuse Disposal. Refuse disposal sites controlled by other regulations.
(4) Single Family/Duplex. Construction of up to two (2) single-family residences on a single lot, or
duplex unless located within the Hillside/Hilltop Overlay District per §169.03(B) above.
(5) Building Additions. Building additions of less than 2,000 square feet unless;located within
the Hillside/Hilltop Overlay District per § 169.03(B) above.
(6) Other minor fill, clearing or grading for maintenance purposes such as landscaping, yard grading,
maintenance, farming, gardens, and similar activities.
(E) Grading Permit Application and Approval. No grading permit shall be issued until the grading plan,
endorsed by a landscape architect, or engineer licensed in the state of Arkansas, is approved by the
City Engineer. A separate permit shall be required for each site. Grading permits may be issued
jointly for parcels of land that are contiguous, so long as erosion control measures are in place until
project completion. Any application for a required grading permit under this chapter shall be submitted
concurrently with the application and calculations for a drainage permit if such a drainage permit is required
by § 170.03. Tree Preservation and Protection is required in accordance with Chapter 167.
(F) Permit Posted. A copy of the grading permit cover page shall be posted at or near the street right-of-
way line and shall be clearly visible from the street."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 169.04 by replacing
each instance of "minimal" with "minimum" in the section title, introductory paragraph, and
subsection (A), by replacing "Ordinance No. XXXX" with "Ordinance No. 5702" in subsection (A), and by
inserting the following after the first sentence in subsection (F): "All necessary modifications to
stormwater best management practices should be immediately implemented in order to prevent further
track -out."
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 169.06 - Land
Alteration Requirements by repealing §169.06(C)(2) and enacting a replacement § 169.06(C)(2) as
follows: "(2) Maximum Length. The maximum length of any cut or fill slope without a terrace (as described
in § 169.06(D) and (E) below) shall be 100 feet as measured along the ground. The terrace shall be
at least 6 feet wide."; by inserting "designated protected streams;" before "established TMDL water
bodies" in subsection (F)(3); by striking "in accordance with" in subsection (G) and replacing it with
"equal to"; and by striking "a registered professional engineer" in subsection (H)(1) and replacing it
with "an Arkansas registered professional engineer."
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends § 169.07(A) Grading Plan
by striking "at a scale no smaller than 1 inch equals 50 feet" in subsection (1); by repealing subsection (5) and
replacing it with "Engineer/Architect. Seal of an Arkansas registered engineer or landscape architect certifying
that the plan complies with the chapter."; by repealing subsection (11) and replacing it with "Acreage.
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Ordinance: 6061
File Mimher
Total project acreage and disturbed area."; by inserting "in accordance with the Drainage Criteria Manual" at
the end of subsection (12); by inserting ", including final cover type" at the end of subsection (14); and by
replacing "straw bales" with "silt fences" and replacing "brush check dams" with "rock check dams" in
subsection (16).
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends § 169.08 - Grading
Plan Submittal by repealing subsection (A) and enacting a replacement (A) as follows: "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 developments and site improvement
plans, whichever is applicable."; by inserting "and receive a residential grading permit prior to building
permit" at the end of subsection (B); and by repealing subsection (D) in its entirety.
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby amends § 169.09 - Minor
Modifications by repealing the last sentence and replacing it with "When applicable, major modifications
must be approved through the City planning process."
Section 10: That the City Council of the City of Fayetteville, Arkansas hereby determines that this
ordinance should become effective without delay because improper early grading, which could cause large
drainage and erosion problems and irresponsible tree loss, would endanger the peace, health, and safety
of Fayetteville citizens. Therefore, the City Council hereby declares an emergency exists such that this
ordinance shall become effective immediately upon its passage and approval.
PASSED and APPROVED on 4/17/2018
Attest:
Sondra E. Smith, City Clerk Treasjpr,aIl,,
l+YE TE.ViLl..l.r r
A0
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AMIL City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0202
Agenda Date: 4/17/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 6
ADM 18-6130 (UDC AMENDMENT CHAPTERS 156, 166, AND 169: SEQUENCE OF
GRADING PERMITS):
AN ORDINANCE TO
AMEND § 156.04 -
PHYSICAL ALTERATION OF LAND
AND
STORMWATER DRAINAGE
AND EROSION CONTROL OF CHAPTER 156 VARIANCES;
§
166.02 - DEVELOPMENT
REVIEW PROCESS
OF CHAPTER 166 DEVELOPMENT;
AND
VARIOUS SECTIONS OF CHAPTER 169 PHYSICAL ALTERATION OF LAND OF
THE
FAYETTEVILLE UNIFIED
DEVELOPMENT CODE
TO CLARIFY THE APPROVAL PROCESS
FOR
GRADING PERMITS, TO
GENERALLY REQUIRE
DEVELOPMENT APPROVAL PRIOR TO
THE
ISSUANCE OF GRADING
PERMITS, TO MAKE
ADMINISTRATIVE CHANGES, AND TO
PASS
AN EMERGENCY CLAUSE
WHEREAS, the Unified Development Code currently allows grading permits to be issued prior to
development approval; and
WHEREAS, this has resulted in a loophole that has allowed site grading without staff or the Planning
Commission reviewing plans for conformance with all Unified Development Code requirements; and
WHEREAS, clarification of code sections pursuant to their stated intent and purpose strengthens the
development review process;
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 §156.01 by inserting the
following language at the beginning of the section:
"A variance of the requirements of §§ 166.02 and 169.03 requiring development approval prior to issuance of
grading permit may be granted by the Planning Commission subject to the General Requirements of § 156.03."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §166.02(D)(2) by
repealing the title of the subsection and replacing it with "Preliminary Plat, Large Scale Development and
Small or Large Site Improvement Plans. "
City of Fayetteville, Arkansas Page 1 Printed on 411812018
File Number: 2018-0202
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends §169.01(B) by replacing
"and cutting (or similar activities)" with "excavation, or land alteration of any kind."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 169.03 - Permits
Required/Exceptions and enacts a replacement § 169.03 as follows:
(A) Permit Required. Unless exempted by § 169.03(C), all grading, clearing, filling,
excavation, or land alteration of any kind shall require:
(1) Prior development approval as specified in Chapter 166, except for general grading to an existing
developed site that does not impact trees or floodplains and does not significantly alter the natural
landform;
(2) A grading permit pursuant to this chapter; and
(3) An Arkansas Department of Environmental Quality Stormwater Construction Permit and
incorporated Stormwater Pollution Prevention Plan, if required by state law.
(B) Residential Grading Permit Required. When located within the Hillside/Hilltop Overlay District
boundaries:
(1) Construction of up to two (2) single-family residences or a duplex on a single lot shall require a
grading permit;
(2) Residential building additions of 2,000 square feet or more on a single lot shall require a grading
permit;
(3) Residential 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 no trees are
impacted do not require a grading permit;
(4) Parcels of land divided by the Hillside/Hilltop Overlay District boundary shall only be subject to the
requirements of this chapter on that portion of land lying within the boundary.
(C) Exceptions to Permit Requirements. Grading permits are not required for the following:
(1) Excavation Below Finished 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) Cemetery graves.
(3) Refuse Disposal. Refuse disposal sites controlled by other regulations.
(4) Single Family/Duplex. Construction of up to two (2) single-family residences on a single lot, or
duplex unless located within the Hillside/Hilltop Overlay District per § 169.03(B) above.
(S) Building Additions. Building additions of less than 2,000 square feet unless located within the
Hillside/Hilltop Overlay District per § 169.03(B) above.
(6) Other minor fill, clearing or grading for maintenance purposes such as landscaping, yard grading,
maintenance, farming, gardens, and similar activities.
(D) Grading Permit Application and Approval. No grading permit shall be issued until the grading plan,
endorsed by a landscape architect, or engineer licensed in the state of Arkansas, is approved by the City
City of Fayetteville, Arkansas Page 2 Printed on 411812018
File Number: 2018-0202
Engineer. A separate permit shall be required for each site. Grading permits may be issued jointly for parcels of
land that are contiguous, so long as erosion control measures are in place until project completion. Any
application for a required grading permit under this chapter shall be submitted concurrently with the application
and calculations for a drainage permit if such a drainage permit is required by §170.03. Tree Preservation and
Protection is required in accordance with Chapter 167.
(E) Permit Posted. A copy of the grading permit cover page shall be posted at or near the
street right-of-way line and shall be clearly visible from the street."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 169.04 by replacing
each instance of "minimal" with "minimum" in the section title, introductory paragraph, and subsection (A), by
replacing "Ordinance No. XXXX" with "Ordinance No. 5702" in subsection (A), and by inserting the following
after the first sentence in subsection (F): "All necessary modifications to stormwater best management practices
should be immediately implemented in order to prevent further track -out."
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 169.06 - Land
Alteration Requirements by repealing §169.06(C)(2) and enacting a replacement § 169.06(C)(2) as follows:
"(2) Maximum Length. The maximum length of any cut or fill slope without a terrace (as described in §
169.06(D) and (E) below) shall be 100 feet as measured along the ground. The terrace shall be at least 6 feet
wide."; by inserting "designated protected streams;" before "established TMDL water bodies" in subsection (F)
(3); by striking "in accordance with" in subsection (G) and replacing it with "equal to"; and by striking "a
registered professional engineer" in subsection (H)(1) and replacing it with "an Arkansas registered professional
engineer."
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends § 169.07(A) Grading
Plan by striking "at a scale no smaller than 1 inch equals 50 feet" in subsection (1); by repealing subsection (5)
and replacing it with "Engineer/Architect. Seal of an Arkansas registered engineer or landscape architect
certifying that the plan complies with the chapter."; by repealing subsection (11) and replacing it with "Acreage.
Total project acreage and disturbed area."; by inserting "in accordance with the Drainage Criteria Manual" at
the end of subsection (12); by inserting ", including final cover type" at the end of subsection (14); and by
replacing "straw bales" with "silt fences" and replacing "brush check dams" with "rock check dams" in
subsection (16).
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends § 169.08 - Grading Plan
Submittal by repealing subsection (A) and enacting a replacement (A) as follows: "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 developments and site improvement plans, whichever is applicable."; by inserting
"and receive a residential grading permit prior to building permit" at the end of subsection (B); and by repealing
subsection (D) in its entirety.
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby amends § 169.09 - Minor
Modifications by repealing the last sentence and replacing it with "When applicable, major modifications must
be approved through the City planning process."
Section 10: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance
City of Fayetteville, Arkansas Page 3 Printed on 411812018
File Number.' 2018-0202
should become effective without delay because improper early grading, which could cause large drainage and
erosion problems and irresponsible tree loss, would endanger the peace, health, and safety of Fayetteville
citizens. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become
effective immediately upon its passage and approval.
City of Fayetteville, Arkansas Page 4 Printed on 411812018
City of Fayetteville Staff Review Form
2018-0202
Legistar File iii
4/17,/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Corey Granderson 3/29/2018
ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
City Staff and Planning Commission recommend that the City Council amend the Fayetteville Unified Development
Code Chapters 156, 166, and 169 as shown in the attached exhibits to maintain the intent of the UDC for review of
a full development plan prior to alteration of land.
Budget Impact:
n/a
n/a
Account Number Fund
n/a n/a
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
n/a
n/a
n/a
Project Title
Current Budget $
Funds Obligated $
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution # n/a
Approval Date: 1'a
V20180321
CITY OF
FAYETTEVILLE
77 ARKANSAS
MEETING OF APRIL 17, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Corey Granderson, Staff Engineer
DATE: March 29, 2018
CITY COUNCIL MEMO
SUBJECT: ADM 18-6130: Administrative Item (UDC Amendment Chapters 156, 166,
and 169: Sequence of Grading Permits): Submitted by CITY STAFF for
revisions to UDC Chapters 156, 166, and 169. The proposed code changes
would clarify the development approval process for grading permits and other
administrative changes.
RECOMMENDATION:
City Staff and Planning Commission recommend that the City Council amend the Fayetteville
Unified Development Code Chapters 156, 166, and 169 as shown in the attached exhibits to
maintain the intent of the UDC for review of a full development plan prior to alteration of land.
BACKGROUND:
Prior to constructing buildings or other site improvements, certain development projects require
significant earthwork to create a suitable landform. This could include large cuts, fills, or
undercut/removal of poor soils based on site topography and soil conditions. On a small scale
these activities can occur quickly, but there exists a subset of development projects that require
weeks or months to complete this initial earth work. In the latter instance, developers often seek
to begin grading activities as soon as possible in the entitlement and permitting process.
In past years, there have been "early" or "preliminary" grading plans approved on projects with
substantial earthwork. These plans only include earthwork and no site improvements. Most of
these were approved after the entitlement process (e.g., planning commission) but prior to the full
grading permit. As the review of drainage, streets, water, and sewer infrastructure can take
several weeks to complete, this "early" grading permit allows the development's critical path
schedule to progress while permit review is finalized. In these instances, since development
entitlement has already occurred, all tree protection, access points, and other project
encumbrances are established, with little remaining subjectivity or risk to the developer.
DISCUSSION:
As currently allowed in the Unified Development Code (UDC), and driven by developer -interest,
recent "early" grading permits have been approved by staff prior to entitlement approval (e.g.
planning commission). To illustrate, a developer may wish to begin a 3 -month filling process prior
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
to submittal of a Large Scale Development plan for review. The current language in UDC Chapter
169: Physical Alteration of Land does not clearly state that development entitlement is required
prior to a grading permit being issued. This has resulted in a loophole where developers can
bypass the intended development approval process, and proceed directly to site grading without
staff or the planning commission reviewing plans for conformance with all UDC requirements.
Staff proposes a code amendment to close this loophole. The proposed code amendment would
require "prior development approval as specified in §166" in order to obtain a grading permit. The
language leaves leeway for staff to approve "early" grading permits that do "not impact trees or
floodplains" or "significantly alter the natural landform." Furthermore, proposed changes to UDC
156.04 would give the planning commission authority to approve a variance allowing an "early"
grading permit on sites which may impact trees, floodplains, or other significant landforms.
The remaining code changes to UDC 166 and 169 are administrative in nature, to provide clarity
and reduce errors/omissions.
The specific code changes are generally listed below and shown in the attached strikeout -
highlight and clean versions of the code.
Proposed Amendments to UDC Chapter 169
• Section 169.03 —Permits Required/Exceptions
o Added requirement for development approval prior to grading permit issuance.
o Re -crafted language to reduce the number of "exemptions" listed.
• Other administrative changes.
Proposed Amendments to UDC Section 156.04
• Additional language allowing a variance to the changes in Section 169.03.
Pressed Amendments to UDC Section 166.02
• Administrative changes.
BUDGET/STAFF IMPACT:
No budget or staff impacts are associated with this request.
Attachments:
Proposed code changes
Proposed Code Changes to Grading PPrmitS: I 10 ChaptPr5 156, 166, 169
156.04 - Physical Alteration Of Land And Stormwater Drainage And Erosion Control
A variance of the requirements of Chapter 166.02 and.169.03 recLuirincLdevelopment approval prior to
issuance of aradina permit may be granted by the Planninq Commission subject to the General
Requirements of §156.03_
Variances of the requirements of Chapters 169 and 170 may be approved by the City Engineer, subject to
the following criteria:
Criteria. Variances of the physical alteration of land and stormwater management, drainage, and erosion
control regulations may be applied for as follows:
(A) Chapter 169 Criteria. A variance may be granted from any requirements of the Physical Alteration of
Land regulations dependent upon on the soil types encountered, planned slopes, planned
vegetation, and investigative engineering reports.
166.02 - Development Review Process
(D) Plat Recordation or Construction Plan Approval . After obtaining approval by the appropriate
governing body, the applicant shall follow the procedures set forth below in order to record the plat or
obtain construction plan approval.
(1) Property Line Adjustment, Lot Split, Final Plat, Concurrent Plat The applicant shall submit
copies of the approved plats containing all required signatures to the Planning Division for final
approval. The plats shall be recorded by the applicant and copies of the recorded plats provided
to the Planning Division as required.
(2) Preliminary Plat, Large Scale Development and Small or Large Site Improvement Plans.
Receipt of the approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
(i) Street plans, profiles and specification accompanied by soil analyses and design
calculations;
(ii) Storm drainage plans, profiles and specifications accompanied by soil analyses and
design calculations; and
(iii) Water and sewer plans, profiles and specifications, accompanied by design
calculations, to be reviewed and approved by City Engineering.
(iv) Final site plans, landscape plans, and other plans, reports and specifications
required by the city to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with
site preparation and construction in accordance with the permitted plans.
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.
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
(B) The purpose of this chapter is to control grading, clearing, filling, a-nd ltip rn - imilar ast+uities)
excavation or -land_ alteration of any kind 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; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-
18-98; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
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. Adjacent and
nearby properties affected by land alterations shall be restored in accordance with the requirements
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. 1991, §161.02; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1,
8-18-98; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5431, 8-16-11; Ord. No. 5702,
Repealed & Replaced Chp. 169, 8-5-14)
169.03 - Permits Required/Exceptions
(A) Permit Required. No -Unless exempted by 4169.03(C).all grading, clearing, filling, excavation, or
land alteration of any kind shall take -p ase -w; St ObtaiRi. reauire:
(1) Prior develop -meat approval as specified in §166, except for general grading to an existing_
_developed site that does not impact trees or floodpiains and does not significantly alter the natural
landform.
(442)- A grading permit pursuant to this chapter enc eptae�s}aeeified-iia- 1£ (By;
(2) Astormwate;-R4aaagemeR"ra-iRa9e and epas. GRIFGI p mit (hierehnau.,. Pfeae44G-es-•a
a +age permaV4-e*sept-a&xiaeeified-4w-§170.03(G) a, 7-"o, 3kD�,-�
(3) An Arkansas Department of Environmental Quality Stormwater Construction Permit and
incorporated Stormwater Pollution Prevention Plan, if required by state law.
(B) --(4) Residential Grading Permit Recluired. When located A -gradin permit-is44equiFe4-bi�-Oie-G*fdr
a evelopr4eM-erring within the Hillside/Hilltop Overlay District boundaries.-_
(1) Construction of up to two (21 single-family residences or a duplex on a singe lot shall require
a grading permit;
2 Residential building additions of 2,000 square feet or more on a single lot shall re uire a
grading permit;
Proposed Cnde rhangp5 to Grading PPrmiti: 1JDC Chapters 156, 166, 169
(3) Residential 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
no trees are impacted do not require a grading permit;
4 Parcels of land divided by the Hillside/Hilltop Overlay District boundary shall only be sub'ect
to the requirements of this chapter on that portion of land lying within the boundary,
#4LQ Exceptions to slug Permit-is--�quW4d—Reguirements. Grading permits are not
required for the following:
(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) Cemetery Graves. Cemetery graves.
(3) Refuse Disposal. Refuse disposal sites controlled by other regulations.
(4) Single-Family/Duplex. Construction of up to two (2) single-family residences on a single lot,
or duplex 44st unless located within tine -ane -Nie (100) year floGd .Main the Hillside/Hilltop
Overlay District per 169.03(8) above, ^F ep a slope
(5) Building Additions. Building additions of less than 2,000 square feet +d
+ h -nd the ���e r W ^n nc+� +aCtltim ^Ad
alterata otivFt�e�eT. ^vc-q„�;�ovNc-
are rest unless located within tGope he -one -k dr-ed--(49nr�r-kaed-€raiw�T the Hillside/Hilltop Overlay
District per §169.03(B) above;-a-,lr4pe-4-&°!&-or-14Le�ater.
(6) Other minor fill, clearing or grading for maintenance purposes such as landscaping, yard
grading, maintenance, farming, gardens, and similar activities.
kG)fM Grading Permit Application and Approval No grading permit shall be issued until the grading
plan, endorsed by a egis e:ra afeWteot; landscape architect, or engineer licensed in the state of
Arkansas, is approved by the City Engineer. A separate permit shall be required for each site; it may
G 13 n444s. Grading permits may be issued jointly for parcels of land that are
contiguous, so long as erosion control measures are in place until project completion. Any
application for a required grading permit under this chapter shall be submitted concurrently with the
application and calculations for a drainage permit if such a drainage permit is required by §170.03.,-
Wination with +e -P I&A Tree Preservation and Protection is required in accordance with
5167•
kD)LEJ Permit Posted . A copy of the grading permit cover page shall be posted at or near the street
right-of-way line and shall be clearly visible from the street.
(Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-
18-98; Ord. No. 4313, 5-15-01; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed
& Replaced Chp. 169, 8-5-14; Ord. No. 5945 , §18, 1-17-17)
169.04 - ial Minimum Erosion Control Requirements
If exempt under 169.03, a grading permit is not required. However, exempt as well as non-exempt
activities shall be subject to the following minimal minimum erosion and sedimentation control measures.
(A) The City Council hereby adopts by reference the Drainage Criteria Manual, prepared for the City of
Fayetteville, and adopted by Ordinance No. XXXX 5702 of the City of Fayetteville and as may be
amended from time to time by the City Engineer. All minimal minimum erosion and sediment control
standards contained therein shall have the same force and effect as if printed word for word in this
chapter. Development projects also must comply with their Arkansas Department of Environmental
Quality general construction permit. All projects shall follow Chapter 8, Construction Site Stormwater
Management, of the Drainage Criteria Manual as well to achieve site compliance.
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
(B) Stabilization . A record of the dates when grading activities occur, when construction activities
temporarily or permanently cease on a portion of the site, and when stabilization measures are
initiated shall be included in the erosion and sediment control plan. Except as provided in (1) and (2)
below, stabilization measures shall be initiated as soon as practicable in portions of the site where
construction activities have temporarily or permanently ceased, but in no case more than fourteen
(14) days after the construction activity in that portion of the site has temporarily or permanently
ceased.
(1) Where the initiation of stabilization measures by the fourteenth day after construction activity
temporarily or permanently ceases is precluded by snow cover, stabilization measures shall be
initiated as soon as practicable.
(2) Where construction activity will resume on a portion of the site within twenty-one (21) days from
when activities ceased, (e.g. the total time period that construction activity is temporarily ceased
is less than twenty-one (21) days) then stabilization measures do not have to be initiated on that
portion of the site by the fourteenth day after construction activity temporarily ceased.
(3) Stabilization practices may include: temporary seeding, permanent seeding, mulching,
geotextiles, sod stabilization, vegetative buffer strips, protection of trees, and preservation of
mature vegetation and other appropriate measures. See Chapter 167 of the UDC for tree
protection requirements.
(C) Intermittent/Perennial Streams . No intermittent or perennial stream, including a 25 -foot perimeter
strip measured from the top of the bank, shall be graded, developed, channeled, or physically altered
unless adequate guarantees are made for erosion and sedimentation control both during
construction and post construction. Likewise, cuts or fills shall be setback sufficiently from
intermittent and perennial streams and other stormwater drainage systems to guarantee that there
will be no damage from erosion or sedimentation. Final erosion and sedimentation control measures
shall be approved by the City Engineer.
(D) Excavation Material . Excavation material shall not be deposited in or so near streams and other
stormwater drainage systems where it may be washed downstream by high water or runoff. All
excavation material shall be stabilized immediately with erosion control measures.
(E) Fording Streams . Fording of streams with construction equipment or other activities which
destabilize stream banks shall not be permitted.
(F) Debris, Mud, and Soil in Public Streets. Debris, mud and soil shall not be allowed on public streets
but if any debris, mud, or soil from development sites reaches the public street it shall be
immediately removed via sweeping or other methods of physical removal. All necessary
modifications to stormwater bask management practices should be immediately implemented in order
to prevent further track -out. Debris, mud, or soil in the street may not be washed off the street or
washed into the storm drainage system. Storm drainage systems downstream of a development site
should be protected from debris, mud, or soil in the event that debris, mud, or soil reaches the
drainage system.
(Code 1991, §161.04; Ord. No. 3551, 6-5-91; Ord. No. 3947, §1, 2-6-96; Ord. No. 4100, §2 (Ex. A), 6-16-
98; Ord. No. 4113, §1, 8-18-98; Ord. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed &
Replaced Chp. 169, 8-5-14)
169.05 - One -Time Approvals
(A) Utilities. Public and private utility organizations may obtain a one-time approval from the City
Engineer for all routine underground electric, water, sewer, natural gas, telephone, or cable facilities.
The approval will include a utility organization and its contractors, agents, or assigns and will be
permanent in nature as long as the original approved procedures are followed.
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
(B) Stockpiling Materials. One-time approval may be obtained by public or private entities for the
stockpiling of fill material, rock, sand, gravel, aggregate, or clay at particular locations, subject to
Zoning, Chapters 160 through 165.
(Code 1991, §161.05; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5336, 8-3-10;
Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
169.06 - Land Alteration Requirements
(A) Applicability. This section shall apply to all land alteration activities, including those that do not
require a grading permit.
(B) Requirements Varied. Variances of this chapter's requirements may be approved by the City
Engineer. The extent to which variations may be made will depend on the soil types encountered,
planned slopes, planned vegetation, 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) and E below) shall be 100 feet as measured along the ground. The terrace shall
be at least 6 feet 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 shall be reviewed by the City
Engineer for purposes of assessing safety, stability, and drainage problems: (See illustrations).
(a) Setback from Top or Toe of Cut or Fill. Buildings shall be setback from the top or toe of a
cut or fill in accordance with Zoning, Chapters 160 through 165; Building Regulations,
Chapter 173; or the approved grading plan, whichever is greatest.
(b) Setbacks from Property Lines. The required setback of retaining walls, cut slopes, and fill
slopes from property lines shall be as given in the illustrations. Property lines may be filled
over or cut if a grading plan for the cut or fill is submitted jointly by the owner of both
properties or with written permission from the adjacent property owner and if no utility
easements are involved. If utility easements are involved, approval is required as given in
(c) below in addition to the joint submittal requirement.
(c) Setbacks from the Edge of an 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.
(e) Calculating Setbacks. For the purpose of calculating setbacks, any cut or fill section which
is on a slope of one (1) to one (1) or greater shall be considered a retaining wall.
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
(f) Administrative Variance. Setbacks from easement lines and structures may be varied
administratively by the City Engineer if geotechnical and/or structural information is
provided that in the opinion of the City Engineer justifies the variance.
(g) Additional Information Required. The City Engineer may require further geotechnical
and/or structural information to show that 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 1 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 twelve (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 feet from a drainage channel or stream, as measured from the top of the bank
to the stockpile, for designated protected streams: established TMDL water bodies; streams
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
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 sedimentation from storage piles by silt fence or other
appropriate barriers.
Properly stabilized topsoil stockpiles may be used for sedimentation control.
(4) Plant/Water. Plant materials shall be watered or irrigated and tended. Where irrigation or
regular watering is not available, only native or acclimated plant species shall be used. If the soil
cannot properly sustain vegetation, it must be appropriately amended. If re -vegetation is not
firmly established and healthy after one (1) year, the urban forester shall require that it be
redone in part or total.
(5) Permanent Erosion Control. The developer shall incorporate permanent erosion control
features at the earliest practical time. Temporary erosion control measures will be used to
correct conditions that develop during construction that were unforeseen during the design
stage, that are needed prior to installation of permanent erosion control features, or that are
needed temporarily to control erosion that develops during normal construction projects, but are
not associated with permanent control features on the project.
(G) Percentage of Land Disturbance. Land disturbance percentage within the Hilltop/Hillside Overlay
District shall be in-acsardanGe-with equal to the percent minimum canopy required on site per
Chapter 167, Tree Preservation & Protection.
(H) Required Retaining Wall and Rock Cut Design
(1) Design/Inspection. Any retaining wall more than 4 feet in height shall be designed by an
Arkansas 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 4 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. No. 5336, 8-3-10; Ord. No. 5431, 8-16-11; Ord. No. 5702, Repealed
& Replaced Chp. 169, 8-5-14)
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
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Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
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169.07 - Grading Plan Specifications
(A) Grading Plan. The applicant shall prepare a grading plan as follows:
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
(1) Site Plan. Site plan- -ne &slot e-r4han ',, z^^'' equais 50feet, 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 2 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 an Arkansas registered engineer, arm 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) Lot/Building, 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) 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.
(10) Streets and Drainage Ways. Profiles and cross sections for proposed streets and drainage
ways.
(11) Acreage. Total ro'ect acreage and disturbed area.
(12) Surface Water. Provisions for collecting and discharging surface water in accordance with the
Drainage Criteria Manual.
(13) 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.
(14) Treatment of Slopes and Benches. The method of treatment for all -slopes and benches shall
be indicated, including final cover type.
(15) Natural Vegetation Preservation. Proposals for preserving natural vegetation and description
of re -vegetation or other permanent erosion control strategy.
(16) Runoff/Sedimentation. Specification of measures to control runoff and sedimentation during
construction indicating what will be used such as straw hales silt fences, silt dams, Isla rock
check dams, lateral hillside ditches, catch basins, and the like.
(17) 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. The following shall be required for individual lot drainage design:
(a) Identify lot lines and conceptual foot print of residence.
(b) Indicate individual lot drainage with the use of contours and flow arrows or other
indications of direction of drainage.
(i) In general, drainage should be routed on the shortest practicable flow path to the
public right-of-way or drainage easement.
(c) Nonstructural grassed swales for rear lot drainage concentration is discouraged and shall
not be installed in combination with a utility easement.
Proposed Code Changes to Grading Permits: LIDC Chapters 156, 166, 169
(d) Right-of-way, utility easements and drainage easements shall be graded and shaped in
accordance with the master build out grading plan during preliminary plat construction.
(i) Utility easements adjacent to the right-of-way shall be no steeper than 15%.
(ii) Provisions will be considered to accommodate positive drainage until build -out
occurs.
(B) Preliminary Grade Plan. The preliminary grading plan shall have adequate detail for review.
(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. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
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 developments and site
improvement plans, 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 and receive a residential grading i)ermit prior to building permit."
(C) A copy of the stormwater pollution prevention plan (SWPPP) is required to be submitted with the
grading plan for sites 1 acre or larger.
rn�_li� Fates-.":#?+tk�a.� �o',r�iat-rrar LcS-appliF,at3le-aal a#-ra+fisat+aa smart
prGperty awReFs -and—g 4i;"Ian--aau-st---be—s'ub..,,;+rt le multaneausly--wi-tt}-4he--a krza4is+a--faF--a
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(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. No. 5308, 3-16-10; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
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 not alter the direction of
run-off and otherwise comply with the intent of this chapter. When applicable, major modifications must
be by -ought— WGFe the bdivisiasra _911^^^iFFee for theiF aPPF9 approved through the City planning
process.
(Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
169.10 - Approval
Approval of a grading permit 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. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
169.11 - Discovery Of Historic Resources
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
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. No. 5336, 8-3-10;
Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
169.12 - Certificate Of Occupancy
All re -vegetation and grading plan improvements shall be in place before a certificate of occupancy shall
be 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. No. 5336,8-3-10,
Ord. No. 5431, 8-16-11; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
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. No. 5336, 8-3-10;
Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
169.14-169.99 - Reserved
(Ord. 5702, Repealed & Replaced Chp. 169, 8-5-14)
Proposed Code Changes to Grading Permits; UDC Chapters 156, 166, 169
156.04 - Physical Alteration Of Land And Stormwater Drainage And Erosion Control
A variance of the requirements of Chapter 166.02 and 169.03 requiring development approval prior to
issuance of grading permit may be granted by the Planning Commission subject to the General
Requirements of §156.03.
Variances of the requirements of Chapters 169 and 170 may be approved by the City Engineer, subject to
the following criteria:
Criteria. Variances of the physical alteration of land and stormwater management, drainage, and erosion
control regulations may be applied for as follows:
(A) Chapter 169 Criteria. A variance may be granted from any requirements of the Physical Alteration of
Land regulations dependent upon on the soil types encountered, planned slopes, planned
vegetation, and investigative engineering reports.
166.02 - Development Review Process
(D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate
governing body, the applicant shall follow the procedures set forth below in order to record the plat or
obtain construction plan approval.
(1) Property Line Adjustment, Lot Split, Final Plat, Concurrent Plat. The applicant shall submit
copies of the approved plats containing all required signatures to the Planning Division for final
approval. The plats shall be recorded by the applicant and copies of the recorded plats provided
to the Planning Division as required.
(2) Preliminary Plat, Large Scale Development and Small or Large Site Improvement Plans.
Receipt of the approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
(i) Street plans, profiles and specification accompanied by soil analyses and design
calculations;
(ii) Storm drainage plans, profiles and specifications accompanied by soil analyses and
design calculations; and
(iii) Water and sewer plans, profiles and specifications, accompanied by design
calculations, to be reviewed and approved by City Engineering.
(iv) Final site plans, landscape plans, and other plans, reports and specifications
required by the city to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with
site preparation and construction in accordance with the permitted plans.
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.
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
(B) The purpose of this chapter is to control grading, clearing, filling, excavation, or land alteration of
any kind 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; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-
18-98; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
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. Adjacent and
nearby properties affected by land alterations shall be restored in accordance with the requirements
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. 1991, §161.02; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1,
8-18-98; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5431, 8-16-11; Ord. No. 5702,
Repealed & Replaced Chp. 169, 8-5-14)
169.03 - Permits Required/Exceptions
(A) Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling, excavation, or land
alteration of any kind shall require:
(1) Prior development approval as specified in §166, except for general grading to an existing
developed site that does not impact trees or floodplains and does not significantly alter the natural
landform.
(2) A grading permit pursuant to this chapter;
(3) An Arkansas Department of Environmental Quality Stormwater Construction Permit and
incorporated Stormwater Pollution Prevention Plan, if required by state law.
(B) Residential Grading Permit Required. When located within the Hillside/Hilltop Overlay District
boundaries:
(1) Construction of up to two (2) single-family residences or a duplex on a single lot shall require
a grading permit;
(2) Residential building additions of 2,000 square feet or more on a single lot shall require a
grading permit;
(3) Residential 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
no trees are impacted do not require a grading permit;
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
(4) Parcels of land divided by the Hillside/Hilltop Overlay District boundary shall only be subject
to the requirements of this chapter on that portion of land lying within the boundary.
(C) Exceptions to Permit Requirements. Grading permits are not required for the following:
(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) Cemetery Graves . Cemetery graves.
(3) Refuse Disposal. Refuse disposal sites controlled by other regulations.
(4) Single-Family/Duplex. Construction of up to two (2) single-family residences on a single lot,
or duplex unless located within the Hillside/Hilltop Overlay District per §169.03(B) above.
(5) Building Additions. Building additions of less than 2,000 square feet unless located within
the Hillside/Hilltop Overlay District per §169.03(B) above.
(6) Other minor fill, clearing or grading for maintenance purposes such as landscaping, yard
grading, maintenance, farming, gardens, and similar activities.
(D) Grading Permit Application and Approval. No grading permit shall be issued until the grading plan,
endorsed by a landscape architect, or engineer licensed in the state of Arkansas, is approved by the
City Engineer. A separate permit shall be required for each site. Grading permits may be issued
jointly for parcels of land that are contiguous, so long as erosion control measures are in place until
project completion. Any application for a required grading permit under this chapter shall be
submitted concurrently with the application and calculations for a drainage permit if such a drainage
permit is required by §170.03. Tree Preservation and Protection is required in accordance with §167.
(E) Permit Posted . A copy of the grading permit cover page shall be posted at or near the street right-
of-way line and shall be clearly visible from the street.
(Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-
18-98; Ord. No. 4313, 5-15-01; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed
& Replaced Chp. 169, 8-5-14; Ord. No. 5945 , §18, 1-17-17)
169.04 - Minimum Erosion Control Requirements
If exempt under 169.03, a grading permit is not required. However, exempt as well as non-exempt
activities shall be subject to the following minimum erosion and sedimentation control measures.
(A) The City Council hereby adopts by reference the Drainage Criteria Manual, prepared for the City of
Fayetteville, and adopted by Ordinance No. 5702 of the City of Fayetteville and as may be amended
from time to time by the City Engineer. All minimum erosion and sediment control standards
contained therein shall have the same force and effect as if printed word for word in this chapter.
Development projects also must comply with their Arkansas Department of Environmental Quality
general construction permit. All projects shall follow Chapter 8, Construction Site Stormwater
Management, of the Drainage Criteria Manual as well to achieve site compliance.
(B) Stabilization . A record of the dates when grading activities occur, when construction activities
temporarily or permanently cease on a portion of the site, and when stabilization measures are
initiated shall be included in the erosion and sediment control plan. Except as provided in (1) and (2)
below, stabilization measures shall be initiated as soon as practicable in portions of the site where
construction activities have temporarily or permanently ceased, but in no case more than fourteen
(14) days after the construction activity in that portion of the site has temporarily or permanently
ceased.
(1) Where the initiation of stabilization measures by the fourteenth day after construction activity
temporarily or permanently ceases is precluded by snow cover, stabilization measures shall be
initiated as soon as practicable.
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
(2) Where construction activity will resume on a portion of the site within twenty-one (21) days from
when activities ceased, (e.g. the total time period that construction activity is temporarily ceased
is less than twenty-one (21) days) then stabilization measures do not have to be initiated on that
portion of the site by the fourteenth day after construction activity temporarily ceased.
(3) Stabilization practices may include: temporary seeding, permanent seeding, mulching,
geotextiles, sod stabilization, vegetative buffer strips, protection of trees, and preservation of
mature vegetation and other appropriate measures. See Chapter 167 of the UDC for tree
protection requirements.
(C) Intermittent/Perennial Streams . No intermittent or perennial stream, including a 25 -foot perimeter
strip measured from the top of the bank, shall be graded, developed, channeled, or physically altered
unless adequate guarantees are made for erosion and sedimentation control both during
construction and post construction. Likewise, cuts or fills shall be setback sufficiently from
intermittent and perennial streams and other stormwater drainage systems to guarantee that there
will be no damage from erosion or sedimentation. Final erosion and sedimentation control measures
shall be approved by the City Engineer.
(D) Excavation Material . Excavation material shall not be deposited in or so near streams and other
stormwater drainage systems where it may be washed downstream by high water or runoff. All
excavation material shall be stabilized immediately with erosion control measures.
(E) Fording Streams . Fording of streams with construction equipment or other activities which
destabilize stream banks shall not be permitted.
(F) Debris, Mud, and Soil in Public Streets. Debris, mud and soil shall not be allowed on public streets
but if any debris, mud, or soil from development sites reaches the public street it shall be
immediately removed via sweeping or other methods of physical removal. All necessary
modifications to stormwater best management practices should be immediately implemented in order
to prevent further track -out. Debris, mud, or soil in the street may not be washed off the street or
washed into the storm drainage system. Storm drainage systems downstream of a development site
should be protected from debris, mud, or soil in the event that debris, mud, or soil reaches the
drainage system.
(Code 1991, §161.04; Ord. No. 3551, 6-5-91; Ord. No. 3947, §1, 2-6-96; Ord. No. 4100, §2 (Ex. A), 6-16-
98; Ord. No. 4113, §1, 8-18-98; Ord. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed &
Replaced Chp. 169, 8-5-14)
169.05 - One -Time Approvals
(A) Utilities. Public and private utility organizations may obtain a one-time approval from the City
Engineer for all routine underground electric, water, sewer, natural gas, telephone, or cable facilities.
The approval will include a utility organization and its contractors, agents, or assigns and will be
permanent in nature as long as the original approved procedures are followed.
(B) Stockpiling Materials. One-time approval may be obtained by public or private entities for the
stockpiling of fill material, rock, sand, gravel, aggregate, or clay at particular locations, subject to
Zoning, Chapters 160 through 165.
(Code 1991, §161.05; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5336, 8-3-10;
Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
169.06 - Land Alteration Requirements
(A) Applicability. This section shall apply to all land alteration activities, including those that do not
require a grading permit.
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
(B) Requirements Varied. Variances of this chapter's requirements may be approved by the City
Engineer. The extent to which variations may be made will depend on the soil types encountered,
planned slopes, planned vegetation, 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) and (E) below) shall be 100 feet as measured along the ground. The terrace shall
be at least 6 feet 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 shall be reviewed by the City
Engineer for purposes of assessing safety, stability, and drainage problems: (See illustrations).
(a) Setback from Top or Toe of Cut or Fill. Buildings shall be setback from the top or toe of a
cut or fill in accordance with Zoning, Chapters 160 through 165; Building Regulations,
Chapter 173; or the approved grading plan, whichever is greatest.
(b) Setbacks from Property Lines. The required setback of retaining walls, cut slopes, and fill
slopes from property lines shall be as given in the illustrations. Property lines may be filled
over or cut if a grading plan for the cut or fill is submitted jointly by the owner of both
properties or with written permission from the adjacent property owner and if no utility
easements are involved. If utility easements are involved, approval is required as given in
(c) below in addition to the joint submittal requirement.
(c) Setbacks from the Edge of an 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.
(e) Calculating Setbacks. For the purpose of calculating setbacks, any cut or fill section which
is on a slope of one (1) to one (1) or greater shall be considered a retaining wall.
(f) Administrative Variance. Setbacks from easement lines and structures may be varied
administratively by the City Engineer if geotechnical and/or structural information is
provided that in the opinion of the City Engineer justifies the variance.
(g) Additional Information Required. The City Engineer may require further geotechnical
and/or structural information to show that 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 1 foot of horizontal
terrace for every foot of vertical surface.
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
(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 twelve (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 feet from a drainage channel or stream, as measured from the top of the bank
to the stockpile, for designated protected streams; 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 sedimentation from storage piles by silt fence or other
appropriate barriers.
Properly stabilized topsoil stockpiles may be used for sedimentation control.
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
(4) Plant/Water. Plant materials shall be watered or irrigated and tended. Where irrigation or
regular watering is not available, only native or acclimated plant species shall be used. If the soil
cannot properly sustain vegetation, it must be appropriately amended. If re -vegetation is not
firmly established and healthy after one (1) year, the urban forester shall require that it be
redone in part or total.
(5) Permanent Erosion Control. The developer shall incorporate permanent erosion control
features at the earliest practical time. Temporary erosion control measures will be used to
correct conditions that develop during construction that were unforeseen during the design
stage, that are needed prior to installation of permanent erosion control features, or that are
needed temporarily to control erosion that develops during normal construction projects, but are
not associated with permanent control features on the project.
(G) Percentage of Land Disturbance. Land disturbance percentage within the Hilltop/Hillside Overlay
District shall be equal to the percent minimum canopy required on site per Chapter 167, Tree
Preservation & Protection.
(H) Required Retaining Wall and Rock Cut Design.
(1) Design/Inspection. Any retaining wall more than 4 feet in height shall be designed by an
Arkansas 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 4 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. No. 5336, 8-3-10; Ord. No. 5431, 8-16-11; Ord. No. 5702, Repealed
& Replaced Chp. 169, 8-5-14)
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
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169.07 - Grading Plan Specifications
(A) Grading Plan. The applicant shall prepare a grading plan as follows:
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
(1) Site Plan. Site plan 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 2 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 an Arkansas registered engineer 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) Lot/Building, 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) 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.
(10) Streets and Drainage Ways. Profiles and cross sections for proposed streets and drainage
ways.
(11) Acreage. Total project acreage and disturbed area.
(12) Surface Water. Provisions for collecting and discharging surface water in accordance with the
Drainage Criteria Manual.
(13) 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.
(14) Treatment of Slopes and Benches. The method of treatment for all slopes and benches shall
be indicated, including final cover type.
(15) Natural Vegetation Preservation. Proposals for preserving natural vegetation and description
of re -vegetation or other permanent erosion control strategy.
(16) Runoff/Sedimentation. Specification of measures to control runoff and sedimentation during
construction indicating what will be used such as silt fences, silt dams, rock check dams, lateral
hillside ditches, catch basins, and the like.
(17) 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. The following shall be required for individual lot drainage design:
(a) Identify lot lines and conceptual foot print of residence.
(b) Indicate individual lot drainage with the use of contours and flow arrows or other
indications of direction of drainage.
(i) In general, drainage should be routed on the shortest practicable flow path to the
public right-of-way or drainage easement.
(c) Nonstructural grassed swales for rear lot drainage concentration is discouraged and shall
not be installed in combination with a utility easement.
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
(d) Right-of-way, utility easements and drainage easements shall be graded and shaped in
accordance with the master build out grading plan during preliminary plat construction.
(i) Utility easements adjacent to the right-of-way shall be no steeper than 15%.
(ii) Provisions will be considered to accommodate positive drainage until build -out
occurs.
(B) Preliminary Grade Plan. The preliminary grading plan shall have adequate detail for review.
(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. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
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 developments and site
improvement plans, 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 and receive a residential grading permit prior to building permit."
(C) A copy of the stormwater pollution prevention plan (SWPPP) is required to be submitted with the
grading plan for sites 1 acre or larger.
(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. No. 5308, 3-16-10; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
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 not alter the direction of
run-off and otherwise comply with the intent of this chapter. When applicable, major modifications must
be approved through the City planning process.
(Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
169.10 - Approval
Approval of a grading permit 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. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
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. No. 5336, 8-3-10;
Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
Proposed Code Changes to Grading Permits: UDC Chapters 156, 166, 169
169.12 - Certificate Of Occupancy
All re -vegetation and grading plan improvements shall be in place before a certificate of occupancy shall
be 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. No. 5336, 8-3-10,
Ord. No. 5431, 8-16-11; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
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. No. 5336, 8-3-10;
Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14)
169.14-169.99 - Reserved
(Ord. 5702, Repealed & Replaced Chp. 169, 8-5-14)
RECEIVED
NORTHWEST AREAS MAY 14 2018
eoc c ` ~ '7 � �� CTTYOC,I_FAYETTEVILLE
ERK5OFFICE
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest
Arkansas Democrat- Gazette, printed and published in Washington and Benton
County, Arkansas, and of bona fide circulation, that from my own personal
knowledge and reference to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
ORD. 6061
Was inserted in the Regular Editions on
April 26, 2018
Publication Cost: $500.50
Cathy Wiles
Subscribed and sworn to before me
This L( day, ofMA-,y, 2018.
JqL4�
Notary Public
My Commission Expires: Z1ILl L$
TAMMY RUSHER
Notary Public —Arkansas
Washington County
Commission # 12703120
t 1y CommissioW.Wn Expires Feb 12. 2028
Ordinance: 6061
File Number: 2018-0202
ADM 18-6130 (UDC
AMENDMENT CHAPTERS
156, 166, AND 169:
SEQUENCE OF GRADING
PERMITS):
AN ORDINANCE TO AMEND
§ 156.04 - PHYSICAL
ALTERATION OF LAND
AND STORMWATER
DRAINAGE AND EROSION
CONTROL OF CHAPTER 156
VARIANCES; § 166.02 -
DEVELOPMENT REVIEW
PROCESS OF CHAPTER 166
DEVELOPMENT; AND
VARIOUS SECTIONS OF
CHAPTER 169 PHYSICAL
ALTERATION OF LAND OF
THE FAYETTEVILLE
UNIFIED DEVELOPMENT
CODE TO CLARIFY THE
APPROVAL PROCESS FOR
GRADING PERMITS, TO
GENERALLY REQUIRE
DEVELOPMENT APPROVAL
PRIOR TO THE ISSUANCE
OF GRADING PERMITS, TO
MAKE ADMINISTRATIVE
CHANGES, AND TO PASS
AN EMERGENCY CLAUSE
WHEREAS, the Unified
Development Code currently
allows grading permits to be
issued prior to development
approval, and
WHEREAS, this has resulted in
a loophole that has allowed site
grading without staff or the
Planning Commission reviewing
plans for conformance with all
Unified Development Code
requirements; and
WHEREAS, clarification of
code sections pursuant to their
stated intent and purpose
strengthens the development
review process;
NOW THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,
ARKANSAS:
Section I : That the City Council
of the City of Fayetteville,
Arkansas hereby amends
$156.01 by inserting the
following language at the
beginning of the section: "A
variance of the requirements of
§§ 166.02 and 169.03 requiring
development approval prior to
issuance of grading permit may
be granted by the Planning
Commission subject to the
General Requirements of
156.03."
Section 2: That the City Council of
the City of Fayetteville, Arkansas
hereby amends § I 66.02(D)(2) by
repealing the title of the subsection
and replacing it with 'Preliminary
Plat, Large Scale Development and
Small or Large Site Improvement
Plans."
Section 3: That the City Council of
the City of Fayetteville, Arkansas
hereby amends §169.01(B) by
replacing "and cutting (or similar
activities)" with "excavation, or
land alteration of any kind."
Section 4: That the City Council of
the City of Fayetteville, Arkansas
hereby repeals § 169.03 - Permits
Required/Exceptions and enacts a
replacement § 169.03 as follows:
(B) Permit Required.
Unless exempted by §169.03(C),
all grading, clearing, filling,
excavation, or land alteration of
any kind shall require:
(1) Prior development approval as
specified in Chapter 166, except for
general grading to an existing
developed site that does not impact
trees or floodplains and does not
significantly alter the natural
landform;
(2) A grading permit pursuant to
this chapter; and
(3) An Arkansas Department of
Environmental Quality Stormwater
Construction Permit and
incorporated Stonnwater Pollution
Prevention Plan, if required by
state law.
(C) Residential Grading
Permit Required. When located
within the Hillside/Hilltop Overlay
District boundaries:
(1) Construction of up to
two (2) single-family residences or
a duplex on a single lot shall
require a grading permit;
(2) Residential building
additions of 2,000 square feet or
more on a single lot shall require a
grading permit;
(3) Residential 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 no trees
are impacted do not require a
grading permit;
(4) Parcels of land divided
by the Hillside/Hilltop Overlay
District boundary shall only be
subject to the requirements of this
chapter on that portion of land
lying within the boundary.
(D) Exceptions to Permit
Requirements. Grading permits are
not required for the following:
(1) Excavation Below
Finished 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) Cemetery graves.
(3) Refuse Disposal. Refuse
disposal sites controlled by other
regulations.
(4) Single Family/Duplex.
Construction of up to two (2) single-
family residences on a single lot, or
duplex unless located within the
Hillside/Hilltop Overlay District per
§I69.03(B) above.
(5) Building Additions. Building
additions of less than 2,000 square
feet unless located within the
Hillside/Hilltop Overlay District per
§I69.03(B)above.
(6) Other minor fill, clearing or
grading for maintenance purposes
such as landscaping, yard grading,
maintenance, fanning, gardens, and
similar activities.
(E) Grading Permit
Application and Approval. No
grading permit shall be issued until
the grading plan, endorsed by a
landscape architect, or engineer
licensed in the state of Arkansas, is
approved by the City Engineer. A
separate permit shall be required for
each site. Grading permits may be
issued jointly for parcels of land that
are contiguous, so long as erosion
control measures are in place until
project completion. Any application
for a required grading permit under
this chapter shall be submitted
concurrently with the application and
calculations for a drainage permit if
such a drainage permit is required by
§170.03. Tree Preservation and
Protection is required in accordance
with Chapter 167.
(F) Permit Posted. A copy
of the grading permit cover page
shall be posted at or near the street
right -of- way line and shall be
clearly visible from the street."
Section 5: That the City Council of
the City of Fayetteville, Arkansas
hereby amends § 169.04 by
replacing each instance of "minimal"
with "minimum" in the section title,
Introductory paragraph, and
subsection (A), by replacing
"Ordinance No. XXXX" with
"Ordinance No. 5702" in subsection
(A), and by inserting the following
after the first sentence in subsection
(F): "All necessary modifications to
stonmvater best management
practices should be immediately
implemented in order to prevent
further track -out."
Section 6: That the City Council of
the City of Fayetteville, Arkansas
hereby amends § 169.06 - Land
Alteration Requirements by
repealing §I69.06(C)(2)and
enacting a replacement §
169.06(C)(2) as follows: "(2)
Maximum Length. The maximum
length of any cut or fill slope without
a terrace (as described in §
169.06(D) and (E) below) shall be
100 feet as measured alone the
ground. The terrace shall be at least
6 feet wide."; by inserting
"designated protected streams;"
before "established TMDL water
bodies" in subsection (F)(3); by
striking "in accordance with" in
subsection (G) and replacing it with
"equal to'; and by striking "a
registered professional engineer" in
subsection (H)(1) and replacing it
with "an Arkansas registered
professional engineer."
Section 7: That the City Council of
the City of Fayetteville, Arkansas
hereby amends § 169.07(A) Grading
Plan by striking "at a scale no smaller
than 1 inch equals 50 feet" in
subsection (1); by repealing
subsection (5) and replacing it with
"Engineer/Architect. Seal of an
Arkansas registered engineer or
landscape architect certifying that the
plan complies with the chapter."; by
repealing subsection (1 I ) and
replacing it with "Acreage.
Total project acreage and disturbed
area."; by inserting "in accordance
with the Drainage Criteria Manual" at
the end of subsection (12); by
inserting ", including final cover
type" at the end of subsection (14);
and by replacing "straw bales" with
"silt fences" and replacing "brush
check dams" with "rock check dams"
in subsection (16).
Section 8: That the City Council of
the City of Fayetteville, Arkansas
hereby amends § 169.08 - Grading
Plan Submittal by repealing
subsection (A) and enacting a
replacement (A) as follows:
"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
developments and site improvement
plans, whichever is applicable."; by
inserting "and receive a residential
grading permit prior to building
permit" at the end of subsection (B);
and by repealing subsection (D) in its
entirety.
Section 9: That the City Council of
the City of Fayetteville, Arkansas
hereby amends § 169.09 - Minor
Modifications by repealing the last
sentence and replacing it with "When
applicable, major modifications must
be approved through the City
planning process."
Section 10: That the City Council of
the City of Fayetteville, Arkansas
hereby determines that this ordinance
should become effective without
delay because improper early
grading, which could cause large
drainage and erosion problems and
irresponsible tree loss, would
endanger the peace, health, and safety
of Fayetteville citizens. Therefore,
the City Council hereby declares an
emergency exists such that this
ordinance shall become effective
immediately upon its passage and
approval.
PASSED and APPROVED on
4/17/2018
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk
Treasurer
74502010 April 26, 2018
RECEIVED
MAY 14 2018
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE