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HomeMy WebLinkAboutOrdinance 6446113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6446 File Number: 2021-0392 AMEND STORMWATER REGULATIONS: AN ORDINANCE TO AMEND VARIOUS CHAPTERS OF THE UNIFIED DEVELOPMENT CODE TO UPDATE STORMWATER REGULATIONS FOR DEVELOPMENTS IN FAYETTEVILLE WHEREAS, the Fayetteville Unified Development Code currently requires certain stormwater improvements for developments based on the type of use and number of units being proposed; and WHEREAS, in recent years more developments being constructed have been exempt from any stormwater requirements, which is having a large impact on the properties neighboring these developments as well as the overall drainage system; and WHEREAS, during the discussions regarding the need for a more comprehensive stormwater program, the public commented frequently that these exempt developments should be required to mitigate their stormwater impacts on surrounding properties; and WHEREAS, on April 12, 2021, these revisions were presented to the Planning Commission which voted 8-0 to forward them to City Council with a recommendation of approval. 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 § 150.04 Jurisdiction by adding a sentence at the end of the section as follows: "The City's planning jurisdiction does not extend to properties held by Federal, State, or County Page 1 Printed on 6116121 Ordinance. 6446 File Number: 2021-0392 entities." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01 Definitions by repealing certain definitions entirely, repealing and replacing certain definitions, and enacting new definitions as shown in Exhibit A attached hereto. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 153.02 Right of Entry and Inspection by enacting new subsections (D) and (E) as follows: "(D) Zoning and Development. For properties on which an active zoning or development application is made, development review staff, and elected and appointed officials shall have the right of entry and inspection. (E) Post Construction Stormwater Management and Drainage. In applying for a grading and drainage permit, the applicant shall be deemed to have consented to the verification of "as built" sormwater features as well as routine inspection of features within the public right-of-way or with drainage easements." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 153.07 Stop Work Order by enacting new subsections (D) and (E) as follows: "(D) Noncompliance/Grading and Drainage Plan. The City Engineer may issue a stop work order directing the parties involved to cease and desist all work which does not comply with its grading and drainage plan. (E) Noncompliance/Repeat Offenders. The City Engineer may issue an immediate stop work order directing the parties involved to cease and desist all work onsite for parties which have been cited previously. " Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C)(1) (a) of § 155.06 Appeals from Staff Interpretations/Actions and enacts a replacement subsection (C)(1)(a) as follows: "An owner or developer who is aggrieved by the requirements of the Unified Development Code for land, right-of-way or easement dedications, construction of on -site or off -site improvements, or payments in lieu of any dedication or improvement, which are in excess of the "rough proportionality" of the impact of the development upon the city's infrastructure or services may appeal such requirement to the Planning Commission as a part of the submission of the preliminary plat, large scale development, subdivision, building permit, lot split, grading permit, floodplain development permit, or otherwise within 10 days of notification of such development requirements. The appeal must be Page 2 Printed on 6116121 Ordinance. 6446 File Number: 2021-0392 presented to the Planning Division in writing and state the grounds, or reasons for the appeal" Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A) of § 158.02 Excavation in Public Rights -of -Way; Cash or Surety Bond Required and enacts a replacement § 158.02 as follows: "(A) Bond. No person shall make any excavation of a street or public right-of-way unless a bond is first issued to the city for the purpose of guaranteeing repair and replacement of said street or public right-of-way. Said bond shall be in an amount equivalent to the estimated cost of properly repairing and replacing said street or public right-of-way, as determined by the City Engineer. To satisfy this requirement, the person or contractor may provide a cash bond, surety bond, or irrevocable letter of credit. Permanent bonds or letters of credit held by the city under the terms of an existing franchise agreement shall be considered sufficient to fulfill the surety requirements for any person or contractor acting as an agent for the franchise holder. The franchise holder shall submit a letter or other document verifying that the person or contractor is the franchisee's agent and is covered by the franchise holder's standing bond or letter of credit." Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 159.01 Fees/Schedule and enacts a replacement § 159.01 as shown in Exhibit B attached hereto. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following sections and subsections of Chapter 166 Development as shown in Exhibit C attached hereto: § 166.01 Development Categories; § 166.02(D)(1) Property Line Adjustment, Lot Split, Final Plat, Concurrent Plat; § 166.02(E) Building Permits; § 166.02(F) Completion of Development/Certificate of Occupancy; § 166.03 Plat Requirements; § 166.04(B) Minimum Improvements by Application Type; § 166.15(A) Application; and § 166.20(A) Applicability. Section 9: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following subsections of § 167.04 Tree Preservation and Protection During Development as shown in Exhibit D attached hereto: § 167.04(A)(11) Building Permits; § 167.04(A)(12) Exemptions; and § 167.04(H)(3) Abbreviated Tree Preservation Plan. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following sections of Chapter 168 Flood Damage Prevention Code as shown in Exhibit E attached hereto: § 168.01(A) regarding the purpose of the chapter; § 168.02 Definitions; § 168.05 Administration; § 168.06 Establishment of Development Permit; § 168.07 Permit Procedures; § 168.10 Provisions for Flood Hazard Reduction; § 168.11 Risk Zone Specific Standards; and § 168.12 Streamside Protection Zones. Page 3 Printed an 6/1&21 Ordinance: 6446 File Number.' 2021-0392 Section 11: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following sections and subsections of Chapter 169 Physical Alteration of Land as shown in Exhibit F attached hereto: § 169.03 Permits Required/Exceptions; § 169.04 Minimum Erosion Control Requirements; § 169.06(F)(2) Phased Construction; and § 169.07 Grading Plan Specifications. Section 12: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 169.14 Stormwater Discharges from Construction Activities as shown in Exhibit G attached hereto. Section 13: That the City Council of the City of Fayetteville, Arkansas hereby repeals Chapter 170 Stormwater Management, Drainage and Erosion Control and enacts a replacement Chapter 170 Stormwater Management and Drainage as shown in Exhibit H attached hereto. PASSED and APPROVED on 6/15/2021 Attest: ```�Jjrrrrrrttff� �. E� R K / 7 R _ .4YE7 ; E0LLE Kara Paxton, City Clerk Treasuer : .y �;fANSP`' • •' ��• Page 4 Printed on 6116121 Exhibit A Reseal the followina definitions in 151.01: • One hundred (100) year flood (flood damage prevention) • Accessory dwelling unit (zoning, supplemental zoning) • Caliper (landscape regulations) • Cistern (stormwater) • Cribbing (physical alteration of land) • Hilltop (Hillside/Hilltop Overlay District) • Levee system (flood damage prevention) • Lot (development) • Major developments (development) • Rain barrels (stormwater) • Regulatory area (stormwater management, drainage and erosion control) • Stormwater management, drainage and erosion control permit (stormwater management, drainage and erosion control) • Unified Soil Classification System (physical alteration of land) • Universal soil loss equation (physical alteration of land) • Variance (flood damage prevention) • Variance (zoning) Repeal and replace certain definitions in § 151.01 with the following: • Accent lighting (outdoor lighting). Any directional lighting which emphasizes a particular object or draws attention to a particular area. • Applicant (enforcement, appeals, tree preservation and protection). Any person, party, partnership, corporation or other business entity seeking the city's approval of a proposed tree preservation plan. • Base flood (stormwater management, drainage and erosion control, flood damage prevention). The flood having a 1 % chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year storm event. The base flood is the national standard used by the National Flood Insurance Program (NFIP) and all Federal agencies for the purposes of requiring the purchase of flood insurance and regulating new development. • Bed and breakfast facility (zoning). A permanently owner -occupied private home with a maximum of five (5) guest rooms furnishing temporary lodging and meals to overnight and event guests. • Building permit (manufactured homes and parks) (manufactured homes and parks opened or expanded after 4- 20-72). A written permit issued by the enforcement officer permitting construction, erection, alteration, remodeling, or repair of a manufactured home park. • Caliper (landscape regulations, parking and loading). A measurement of general tree size taken at a point located 6 inches above natural ground or root ball surface. • City Engineer (stormwater management and drainage, physical alteration of land). The City Engineer or his appointed representatives, including assigned staff engineers, technicians and inspectors. • Detention (stormwater management and drainage, physical alteration of land). The collection and temporary storage of stormwater per the specifications of the City's Drainage Criteria Manual with subsequent gradual release of the stormwater; see also Extended Detention Area. • Development (stormwater management and drainage, physical alteration of land). To make a site or area available for use by physical alteration. Development includes, but is not limited to, providing access to a site, clearing vegetation; grading; earth moving; providing utilities and other services such as parking facilities; stormwater management and erosion control systems; and sewage disposal systems; altering Iandforms; or construction of a structure on the land. Development shall also mean any of the following: (A) Construction, installation, alteration, demolition, or removal of a structure, impervious surface, or stormwater management system, or (B) Clearing, scraping, grubbing, or otherwise removing or killing the vegetation of a site; or (C) Adding, removing, exposing, excavating, leveling, grading, digging, dumping, or otherwise disturbing the soil or rock of a site in a manner contrary to the requirements of the stormwater management, drainage and erosion control regulations. • Flood or flooding events (flood damage prevention). General or temporary conditions of partial or complete inundation of normally dry land areas from the overflow of flood waters, or the unusual and rapid accumulation or run-off of surface water from any source. (A) 100-year flood (flood damage prevention) is any flood with a 1 % chance of occurring in any given year. The term is misleading, because of its statistical derivation. A one hundred (100) year flood may occur many times in any given one hundred (100) year period, or it may not occur at all in one hundred (100) years. (B) 500-year flood (flood damage prevention) is any flood with a 0.2% chance of occurring in any given year. As with the one hundred (100) year flood, this term is also misleading, because of its statistical derivation. A five hundred (500) year flood may occur many times in any given five hundred (500) year period, or it may not occur at all in five hundred (500 years). • Flood Insurance Rate Map (FIRM) (flood damage prevention). The official map on which the Federal Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. Unless otherwise stated, it shall be the latest regulatory FIRM including any effective letters of map revision that has been adopted by FEMA. • Flood Insurance Study (flood damage prevention). The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. Unless otherwise stated, it shall be the latest regulatory Flood Insurance Study for Washington County that has been adopted by FEMA. • Functionally dependent use (variances, flood damage prevention). A use which cannot perform its intended purpose unless it is located or carried out in close proximity to a feature, such as water. Green roof (Stormwater). A green stormwater practice, designed per the City's Drainage Criteria Manual, in which an elevated roof surface is entirely covered with a thin soil and vegetation layer. • Impervious area or surface (stormwater management and drainage. physical alteration of land). Land that has been compacted or covered so that it is highly resistant to infiltration by water. Examples include rooftops, sidewalks, driveways, parking lots, and streets unless specifically designed, constructed, and maintained to be pervious. Areas of compacted gravel are considered impervious. • Intermittent stream (tree preservation and protection). A stream that carries water part of the year is dry another part but receives flow from the groundwater table when it is high enough. • Land disturbance (tree preservation and protection, physical alteration of land, landscape regulations). Clearing, scraping, grubbing, or otherwise removing or destroying the vegetation of a site, or adding, removing, exposing, excavating, leveling grading, digging, tunneling, trenching, burrowing, dumping, piling, dredging or application of toxic substance, storage of materials, and operation of equipment, or otherwise significantly disturbing the soil, mud, sand, or rock of a site. • Large scale development (development). Generally intended for development on a site of 1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area and where a corresponding subdivision of land is not proposed. • Lot. (zoning, flood damage prevention). A parcel of land of at least sufficient size to meet minimum zoning, and where applicable the flood damage prevention, requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. The term includes the words "plot" or "parcel". Such lot may consist of: (A) A single lot of record; (B) A portion of a lot of record; (C) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; (D) A parcel of land described by metes and bounds; provided that in no case of division or combinations shall any residential lot or parcel be created which does not meet the requirements of the zoning regulations, Chapter 167. • Natural drainage ways (flood damage prevention, physical alteration of land). Ephemeral, intermittent and perennial streams. Chapter 169 is not concerned with ephemeral streams. • New development (water and wastewater impact fees, development, physical alteration of land, tree preservation and protection). Construction of a new structure or other impervious area (IA) and the construction or expansion of any other building or structure. The change in use of a building or structure that results in increased demand from water and wastewater facilities shall also be considered new development. • Outfall (drainage criteria manual). A point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and that are used to convey waters of the United States. • Peak flow (stormwater management, drainage and erosion control). The maximum rate of flow of water at a given point and time resulting from a given storm event as defined by the City's current Design Criteria Manual. • Peak flow attenuation (stormwater management, drainage and erosion control). The reduction of the peak discharge of storm runoff by storage and gradual release of that stored flow as defined by the City's current Design Criteria Manual. • Retention (landscape regulations). The use of complete storage to prevent the discharge of a given volume of stormwater runoff into surface waters. • Riparian (tree preservation and protection, low impact development). Of, relating to, or located on the bank of a river or stream. • Riparian buffer (tree preservation and protection, low impact development). A biological community consisting of trees, woody shrubs and groundcover that exists along the banks of rivers, creeks or intermittent and perennial streams. • Sediment basin (physical alteration of land). A temporary depression in a waterway designed to trap sedimentation before entry into the stormwater system or natural drainage ways. • Stormwater facility (landscape regulations, physical alteration of land, stormwater management, drainage and erosion control). A facility designed to meet the requirements for stormwater management. For the purposes of Chapters 169 and 170, stormwater facilities refer primarily to detention ponds. • Stream (flood damage prevention). Defined for the purposes of Chapter 168, Flood Damage Prevention, as single lines with no floodplain or floodway defined as illustrated on the City's current Flood Insurance Rate Map. • Substantial improvement (flood damage prevention). Any repair, reconstruction, rehabilitation, addition or improvement of a structure or any combination thereof, the cost of which equals or exceeds 50% of the market value of the structure and cumulative substantial improvements over a five (5) year period, either: (A) Before the improvement or repair is started; or (B) In the case of cumulative substantial improvement before the initial improvement or repair is started within the past 5-year period. (C) If the structure has been damaged, and is being restored, before the damage occurred. This phrase shall include structures which have incurred substantial damage. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (a) Any project for improvement or a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (b) Any alteration of a structure listed on the National Register of Historic Places, or a state inventory of historic places provided that the alteration will not preclude the structure's continued designation as an historic structure. • Water surface elevation (flood damage prevention). The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas. Enact the following new definitions in 6 151.01: • 44 CFR, Emergency Management and Assistance - National Flood Insurance Program Regulations, Parts 59-75 (flood damage prevention) contain Federal regulations upon which local floodplain managements are based. • 44 CFR § 65.12 (flood damage prevention) contains the section of the federal regulations which involves revision of flood insurance rate maps to reflect base flood elevations caused by proposed encroachments. • A risk zones (flood damage prevention). Special flood hazard areas without detailed studies, where base flood elevations have not been determined. • Addition (flood damage prevention). Any improvement to an existing structure which increases the habitable space. This can include but is not limited to lateral additions, storage space conversions and garage/carport conversions. • ADEQ (physical alteration of land, stormwater management and drainage). The Arkansas Department of Environmental Quality which is the governing authority for the National Pollutant Discharge Elimination System program in the state of Arkansas. • Adverse impact (flood damage prevention). Any negative or harmful effect. • AE risk zones (flood damage prevention). Special flood hazard areas where detailed studies have determined base flood elevations. • AH risk zones (flood damage prevention). Special flood hazard areas characterized by shallow flooding with ponding effects (where floodwaters accumulate in depressions and linger until absorbed or evaporated). • AO risk zones (flood damage prevention). Special flood hazard areas characterized by shallow flooding with sheet flow (where floodwaters flow in a broad, shallow sheet rather than through a narrow channel). • Appeal Board (flood damage prevention). A person or persons specifically designated to render decisions on variance applications and floodplain management complaints. • Automatic entry and exit of floodwaters (flood damage prevention). Water must be able to enter and exit with no intervening action from a person. • Base flood elevation (flood damage prevention). The expected height of floodwaters during the peak of the base flood event. • Basement (flood damage prevention). Any enclosed area that is below grade on all sides. • BMP (physical alteration of land, stormwater management and drainage). The acronym for Best Management Practices which means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include green stormwater practices (GSPs), treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. • BFE (flood damage prevention). The acronym for base flood elevation. • Building permit (development). Authorization issued by the Building Safety Division to commence building, electric, gas, mechanical, plumbing, and other work in conformance with adopted codes. • Buoyancy (flood damage prevention) is the upward force exerted by water. Buoyancy can cause underground tanks to float free and can lift structures off foundations. • Certificates of Compliance (flood damage prevention). Formal documents issued by floodplain administrators certifying that completed projects comply with the requirements of the local Code. • CFR (flood damage prevention). The acronym for the Code of Federal Regulations. The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into fifty (50) titles that represent broad areas subject to federal regulation. The Federal regulations pertaining to the national Flood Insurance Program are found in title 44, Emergency Management and Assistance. • Clearing (flood damage prevention). The act of cutting timber or shrubs from an area. • Concrete deadman anchors (flood damage prevention). Heavy steel rods embedded in buried sections of concrete, used to secure items in place under tension. • Covenant (flood damage prevention). A clause in a contract that requires one party to do, or refrain from doing, certain things. A covenant frequently appears as a restriction that a lender imposes on a borrower. • Crawlspace (flood damage prevention). A type of structural foundation where the space beneath the lowest floor is typically not deep enough to allow a person to stand and not all of its sides are below grade. • Critical facilities (flood damage prevention). Governmental facilities that are considered essential for the delivery of critical services and crisis management (such as data and communication centers and key governmental complexes); facilities that are essential for the health and welfare of the whole population (such as hospitals, prisons, police and fire stations, emergency operations centers, evacuation shelters and schools); mass transportation facilities (such as airports, bus terminals, train terminals); lifeline utility systems (including potable water, wastewater, oil, natural gas, electric power and communications systems); high potential loss facilities (such as nuclear power plants or military installations); hazardous material facilities (such as industrial facilities housing or manufacturing or disposing of corrosives, explosives, flammable materials, radioactive materials and toxins. • D Zone areas (flood damage prevention). Areas in which the flood hazard has not been determined but may be possible. • Daylighting (flood damage prevention). To restore a stream, creek or natural drainage way or other waterway from an underground pipe to open air and daylight. • Deed restriction (flood damage prevention). A clause in a deed that limits the future uses of the property in some respect. Deed restrictions may impose a vast variety of limitations and conditions, for example, they may limit the density of buildings, dictate the types of structures that can be erected, prevent buildings from being used for specific purposes or even from being used at all. • Development (flood damage prevention). Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. • Discharge (physical alteration of land, stormwater management and drainage). When used without qualification, means the "discharge of a pollutant." • Discharge of Stormwater Associated with Construction Activity (physical alteration of land). Refers to a discharge of pollutants in stormwater runoff from areas where soil disturbing activities (e.g., clearing, grading, or excavation), construction materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck washout, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located. • Discharge -related activities (physical alteration of land, stormwater management and drainage). Includes activities which cause, contribute to, or result in stormwater point source pollutant discharges; and measures to control stormwater discharges, including the siting, construction and operation of best management practices (BMPs) to control, reduce or prevent stormwater pollution. • Drainage Criteria Manual (physical alteration of land, stormwater management and drainage). The supporting technical manual adopted by City Council as Ordinance No. 5702 and which may be amended by the City Engineer. • Dwelling, accessory (zoning, supplemental zoning). A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to a single-family structure. • Elevation Certificate (flood damage prevention). Refers to FEMA form 81-31, which for the purposes of this Code must be properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. • Existing structure (flood damage prevention). A structure which is in place before any reconstruction, rehabilitation, addition, or other improvement takes place for flood management purposes. • Existing manufactured home park or subdivision (flood damage prevention). A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. • Expansion to an existing manufactured home park or subdivision (flood damage prevention). The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). • Extended detention area (stormwater management and drainage). An area designed based on the proposed site and existing conditions upstream of proposed detention and can also be referred to as a stormwater pond. These constructed stormwater detention basins have a permanent pool (or micropool) of water that captures and treats runoff from each rain event per the Drainage Criteria Manual. • Extreme flood protection (stormwater management and drainage). Measures taken to prevent adverse impacts from large low -frequency storm events with a return frequency of 100 years or more. • Flood fringe (flood damage prevention). The portion of the one hundred (100) year floodplain which is outside the floodway. • Floodplain Administrator (flood damage prevention). The community official designated in the local Flood Damage Prevention Code as responsible for the Code's administration. • Floodplain development permit (flood damage prevention). A permit issued by the local Floodplain Administrator and is required before beginning any development in an area designated as a special flood hazard area on the community's FIRM. • Floodproofing Certificate (flood damage prevention). This term refers to FEMA form 086-0-34, which for the purposes of this Code must be properly completed by a professional engineer or architect licensed to practice in the State of Arkansas. • Flow -through openings (flood damage prevention). Openings specifically designed to allow floodwaters to flow into and out of enclosed spaces, minimizing the danger of foundation or wall collapse from lateral hydrostatic pressure. • Grading and drainage permit (physical alteration of land, stormwater management). Permit issued by the City of Fayetteville to an entity with the legal ability to construct temporary erosion and sedimentation control practices and permanent stormwater practices in accordance and compliance with the provisions and permit conditions of Chapters 169 and 170. • Green Stormwater Practices (GSPs) and / or Mitigation Measures (development, stormwater management). A green stormwater practice or Water Quality, Flood, and Tree Mitigation Measure, as designed per the City's current Drainage Criteria Manual. • Hazardous Materials (flood damage prevention). Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. • Hydrodynamic forces (flood damage prevention). The forces and stresses associated with moving water, including impacts from objects carried in the water. • Hydrostatic flood forces (flood damage prevention). The forces and stresses associated with standing floodwaters. • Illicit Connection (stormwater management and drainage). Any man-made conveyance connecting an illicit discharge directly to the City's municipal separate storm sewer system. This can include either: (A) Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm drain system including but not limited to any conveyances that allow any non -storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, (B) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. • Illicit discharge (stormwater management and drainage). Any discharge to a municipal separate storm sewer that is not composed entirely of stormwater unless specifically allowed by 170.10 and discharges resulting from emergency firefighting activities. • Lacustrine flooding (flood damage prevention). Flooding associated with a lake. • Lateral forces (flood damage prevention). The horizontal hydrostatic forces associated with standing water. Water exerts an equal force in all directions, and as little as 3 feet of standing water can generate sufficient lateral force to collapse a foundation or wall. • Mixed use structures (flood damage prevention). Structures with both a business and a residential component, but where the area used for business is less than 50 percent of the total floor area of the structure. • MS4 (stormwater management and drainage). The acronym for Municipal Separate Storm Sewer System and means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, and storm drains): (A) Which is owned or operated by a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act (33 U.S.C.1288) that discharges to waters of the United States; (B) Designed or used for collecting or conveying stormwater; (C) That is not a combined sewer; and (D) That is not part of a publicly owned treatment works. • New manufactured home park or subdivision (flood damage prevention). A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the initial floodplain management regulations adopted by a community. • No adverse impact principle (flood damage prevention). A principle of restricting or prohibiting land development that does harm or "adversely affects" someone else's property or land. • Nonresidential structures (flood damage prevention). Structures used only for commercial or public purposes, such as businesses, schools, churches, etc. • No -Rise Certificates (flood damage prevention). Formal certifications signed and stamped by a professional engineer licensed to practice in the State of Arkansas, demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that a proposed development will not result in any increase (0.00 feet) in flood levels within the community during the occurrence of a base flood event. • Non -Traditional MS4 (stormwater management and drainage). Systems similar to separate storm sewer systems in municipalities, such as systems at military bases, hospitals, public universities or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewer systems in very discrete areas such as individual buildings. • NPDES (stormwater management and drainage, physical alteration of land). An acronym for the National Pollutant Discharge Elimination System Storm Water Discharge Permit means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. • Overbank flood protection (stormwater management and drainage). Measures taken to prevent an increase in the frequency and magnitude of out -of -bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain). • Piers (flood damage prevention). Columns of concrete or other structural material, used to support other structural members. • Pilings (flood damage prevention). Steel tubes driven to rock or a suitable soil bearing layer and connected to the foundation of a structure. • Pollutant (stormwater management and drainage). Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. • Post Construction stormwater management (stormwater management and drainage). Term involves stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a drainage permit issued per Chapter 170 and the City's current Drainage Criteria Manual. • Protected Streams Map (flood damage prevention). The official map adopted by the Fayetteville City Council, and revised as required administratively for annexed areas, indicating the point where at least 100 acres drains into a waterway and the requirements of the streamside protection zone apply downstream. • Recreational vehicles (flood damage prevention) means a vehicle which is: (A) Built on a single chassis; (B) 400 square feet or less when measured at the largest horizontal projections; (C) Designed to be self-propelled or permanently towable by a light duty truck; and (D) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. • Risk zones categorize special flood hazard areas into groupings by the specific risk of flooding. Zones A, AE, AO, and AH are special flood hazard areas. See "X Risk Zones" in this section. • Riverine flooding (flood damage prevention). Flooding associated with a river or stream channel. • Runoff reduction method. Refers to the use of Green Stormwater Practices as described in the City's current Drainage Criteria Manual, to control stormwater runoff volume by attempting to mimic a site's natural hydrology through the use of design techniques that promote infiltration, filtration, storage, and evapotranspiration. • RV (flood damage prevention). The acronym for recreational vehicle. • Screw augers (flood damage prevention). Any type of anchor that twists into the soil, typically to a depth of 4 feet or more. They are not suitable for securing manufactured homes against floodwaters because saturated grounds often soften and fail to hold the anchor in place. • Section 404 Wetlands Permit (flood damage prevention). A permit required under Section 404 of the Clean Water Act for the discharge of dredged and fill material into any surface water of the United States. The US Army Corps of Engineers issues Section 404 permits. • SFHA (flood damage prevention). The acronym for special flood hazard area. • Shallow flooding (flood damage prevention). Flooding at a depth of less than 3 feet. • Slab anchors (flood damage prevention). Anchors where the hook of the anchor is wrapped around a horizontal rebar in the slab before the concrete is poured. • Special flood hazard areas (flood damage prevention). Geographical areas identified on FEMA flood maps as being at -risk for flooding. The maps further categorize these areas into various flood risk zones A, AE, AH, and AO. • State coordinating agency (flood damage prevention). The agency that acts as a liaison between FEMA and a community for the purposes of floodplain management. The Arkansas Department of Agriculture Natural Resource Division is the State Coordinating Agency for Arkansas. • Stormwater sizing criteria (stormwater management, drainage and erosion control). Development projects applying for a Grading and Drainage Permit shall meet the Minimum Standards related to stormwater runoff and protection of existing water bodies and properties. These stormwater sizing criteria must be used to design required structural stormwater controls and can be found in the City's current Drainage Criteria Manual. • Streamside protection zones (flood damage prevention). Areas generally, but not always, made up of trees and accompanied by shrubs and other vegetation along a stream, river or shoreline that is managed to maintain the integrity of the waterway and to reduce pollution. • Structural development (flood damage prevention). A development that includes the placement or construction of a structure. • Structure (flood damage prevention). Refers to any building with two (2) or more rigid walls and a fully secured roof on a permanent site or to any gas or liquid storage tank that is principally above ground. • Top of bank (flood damage prevention). The point along a streambank where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high water stage. • Uses vulnerable to floods (flood damage prevention). Any land or structural uses that may be negatively affected by a flood. • Watercourse alteration (flood damage prevention). Refers to any change that occurs within the banks of a watercourse. • X risk zones (flood damage prevention). A special group of insurance risk zones. One (1) type, shown as non - shaded areas on FEMA issued flood maps, indicates a zone of minimal flood risk. The second type, shown as shaded areas of FEMA flood maps, indicates a flood hazard area that is expected to be affected by the five hundred (500) year flood, but not by the one hundred (100) year base flood. Exhibit B Repeal and Replace § 159.01 — Fees/Schedule with the following: 159.01 - Fees/Schedule (A) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost of public notices and such other expenses as may be incurred in connection with processing of applications, plan reviews, amendments, permits, variances and other matters pertaining to the UDC. An alderman may present a resolution to the City Council to waive or reduce development permit fees otherwise required by this chapter or elsewhere within the Unified Development Code, where it is permitted. If the reduction or waiver would serve the public interest, alleviate an unfair burden upon an applicant, or be beneficial to the city as a whole, the City Council may grant such reduction or waiver of permit fee. (B) Fee schedule. (1) General. Unless specific fees are otherwise adopted by the City Council, the following schedule of fees is established. (2) Signs. (a) Signs. $25 for each sign. (b) Windblown signs. $10 (c) Sign variance. Filing fee: $25 (3) Development. The following application fees are due for each of the following development review submittals: a) All Concept Plats. $50 b) Lot splits or property line adjustments. $200 c) Subsequent technical plat reviews for tabled items, after initial Fee in item d) below. $200 d) All other Plat Reviews (Concurrent, Preliminary and Final): Per Plat Review Nonresidential $800 10 or less residential units $200 25 or less residential units $400 26 or more residential units $800 e) Other Plan Reviews: Large Scale Development Planned Zoning and Site Improvement District Plans Nonresidential 5,000 or less sq. ftF $400 �$800 Nonresidential Over 5,000 sq. ft. $800 $1,125 10 or less residential units F— $200 $525 125 or less residential units I $400 I $725 26 or more residential units $800 $1,125 (4) Grading Permit. Two (2) reviews are covered with the initial application fee. For each subsequent review, a resubmittal fee shall apply. Permit Application Fees Grading Size of Disturbed Area Plan and Permit Less than 0.5 acre $75.00 0.51 to 1.0 acre $100.00 Over 1.0 acre $200.00 Drainage Resubmittal Fee Report Review (if required) $75.00 $75.00 $100.00 $100.00 $200.00 $200.00 Appeals $100.00 N/A N/A (5) Zoning. Rezoning $325.00 Accessory Dwelling $100.00 Conditional use $100.00 Manufactured home: Initial permit $25.00 Renewal Home occupation: $12.50 Initial permit $25.00 Renewal 1 $12.50 Planning Commission or Board of Adjustment Variance: Before any violation has occurred $25.00 After any violation has occurred $100.00 Appeal of Zoning and Development Administrator interpretation $100.00 (6) Streets and Sidewalks. Driveway, curb cut, sidewalk, and all 1 $25.00 other excavation in public right-of-way (7) Tree Preservation. Filing fee $120.00 (8) Floodplain Determination. Type of Review Grading Plan and Resubmittal Fee Permit Administrative review (EC, Fence, Acc $50 N/A Structure, etc..) LOMA, LOMR-F $75 $25 CLOMR/LOMR $200 $100 Appeals $100 N/A (9) Vacations. Filing fee $200.00 (10) Building Permits. (a) General fees. The following general provisions shall apply to all permits, including but not limited to building, electrical, gas, mechanical and plumbing; and shall apply in addition to the fees and requirements set forth in each separate code. (b) Permit Valuation. (i) Permit valuation is the reasonable valuation of all services, labor, materials, and appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy. (ii) The permit valuation shall include total cost such as plumbing, electrical, gas, mechanical, equipment, and other systems, however, the cost of excavation or grading, paying, and land cost are not deemed a part of such permit valuation. (iii) The building permit fee shall be based on the construction valuation as determined by the published Building Code Fee Schedule or as submitted by the applicant, whichever is greater. (c) Building Construction. Building construction fees shall be as set forth in the Building Code, fees appendix, except as set forth below: Original C of O—new building $15.00 Certificate of completion $15.00 C of O—existing building and/or $25.00 change of occupancy use Demolition permit $50.00 Temporary C of O $25.00 Footing/foundation only $50.00 Appeal of building official to Construction Board of Adjustment $50.00 and Appeal Moving permit $100.00 Administrative/Maintenance Fee $25.00 Permit extension [$50.00 Permit Processing Fee* �$200.00 *A permit processing and review fee shall be submitted with all building permit applications as required in the Building Code Fee Schedule. This fee shall be applied as a credit to the total fees due once the building permit is obtained. (d) The Building Official shall administer the collection and reporting of fees as required herein. In the event of whether a fee should be charged or not, the Building Official shall make the final determination. (e) Supplementary Permit fees. (i) Design/Build Fee. In addition to the permit fees, a design/build fee for fast -track, design -build, and buildings permitted with construction progressing as design and construction plans are in progress shall be equal to one-half the permit fee but shall not be more than $1,000.00. (ii) Emergency, Investigative and After Hour(s). In addition to the permit fee, an emergency fee for after- hours inspection, investigations and emergency inspections shall be $20.00 per inspection. (iii) Outside City Limits. In addition to the permit fee, each inspection required outside Fayetteville city limits shall be $20.00 per inspection. (iv) Work Without Permit. Where work for which a permit is required is started or proceeded prior to obtaining said permit, the fees herein specified shall be doubled. Payment of such double fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work nor from any other applicable penalties. (v) Re -inspection. For a re -inspection to correct a violation(s) and/or if installation is not ready for requested inspections the fee shall be $25.00. For each subsequent re -inspection, the fee shall be double the amount of the previous fee, with a maximum of $200.00. All re -inspect fees must be paid prior to the inspection taking place. (vi) A Temporary Certificate of Occupancy may be issued for a period of up to thirty (30) days for a fee of $25.00. For each subsequent month that a Temporary Certificate of Occupancy is requested by the applicant and granted by the city, a fee shall be imposed that is double the amount of the previous fee, with a maximum of $200.00, until a final Certificate of Occupancy is granted. (f) Exemptions from Permit Fees. (i) Historical Buildings. (a) Buildings identified and classified as historical buildings or structures by state or local jurisdiction shall be exempt from permit fees. (b) The Mayor may exempt all or part of the applicable permit fees for buildings that can be proven to be more than fifty (50) years old. This exemption shall apply only to owner -occupied, single-family dwellings where there is to be no change of use or occupancy. Affordable Housing. Construction of single family and non-profit multi -family supportive housing funded wholly or primarily by federal Community Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban Development housing loans and similar programs designed to provide affordable, owner -occupied, single family residences to low income individuals and non-profit multi -family supportive housing shall be exempted from payment of building permit fees. (iii) City -Owned Facilities. Construction projects that occur on city -owned properties for facilities that are partially or wholly owned by the city shall be exempted from payment of building permit fees. (g) Electrical. (i) Electrical Permit Fees. Fees for permit shall be paid to the city, as follows: (a) First four meters, new or replacement, $20.00. (b) For each additional meter on a building, $5.00. (c) $0.25 per outlet, and $10.00 per inspection with electrical wiring in concrete. (d) Neon tube lighting shall be $10.00 for each transformer. (e) A minimum fee for any electrical permit shall be $20.00. (i i) Apprentice Electrician. Registration of an apprentice electrician, $10.00. (h) Gas. (i) Gas Permit Fees. Fees for gas permit shall be paid to the city, as follows: (a) First five (5) fixtures for $20.00 plus $2.00 for each additional fixture. (i i) Exceptions. Gas ranges/ovens, domestic clothes dryers, and space heaters not required to have a vent are exempted and gas permits are not required to connect these appliances to an existing gas outlet in an existing piping system. (i) Mechanical Permit Fees. Fees for a mechanical permit shall be paid to the city as follows: Minimum permit fee for the first unit $20.00 Additional units greater than 1/3 horsepower $5.00 Fractional horsepower mechanical exhaust $2.00 Gas vent per unit $5.00 0) Plumbing. (i) Plumbing Permit Fees. Fees for plumbing permits shall be paid to the city, as follows: (a) First five fixtures for $20.00, plus $1.75 for each additional fixture, and (b) $10.00 for each inspection required for plumbing under slab. Exhibit C — Amendments to Chaster 166 Development Repeal and Replace 166.01 - Development Categories with the following: 166.01— Development Categories (A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between adjoining property owners which does not create a separate, new lot. A property line adjustment cannot dedicate new easements or right-of-way. (B) Subdivision of Land. (1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster Housing Development (C) Development Review Process, after the creation of more than four (4) lots from an original parent tract as established under Washington County's countywide 1985 reappraisal. Any subsequent subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right-of-way and may be combined with an easement plat. (2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, the application shall be processed as preliminary plat. A preliminary plat establishes the preliminary location of lot lines, streets, and utility infrastructure, and allows for the applicant to request construction plan approval and install required improvements. (3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for approval of the final plat. The final plat application may not be submitted until the final inspection for the required infrastructure has been scheduled with City Engineering staff. (4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one step. A concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, and the existing and new parcels do not require construction of new infrastructure. (C) Site Plan. (1) Large Scale Development. A large scale development is generally intended for development on a site of 1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area and where a corresponding subdivision of land is not proposed. (a) Requirement. The development of the following must be processed in accordance with the requirements for a large-scale development: i. A site 1 acre or greater in size and creating more than 10,000 square feet of new impervious area; ii. Facilities emitting odors or handling explosives and (b) Excluded Developments. Developments creating less than 10,000 square feet of new impervious area or a development on a lot or parcel in a zoning district subject to administrative approval. (2) Large Site Improvement Plan A large site improvement plan review is intended for a large scale development that is located on a site within a zoning district that permits administrative approval. A large site improvement plan is subject to the requirements and excluded developments for a large scale development listed in Fayetteville Unified Development Code 166.01(C)(1). (3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than one (1) acre in size with greater than 10,000 square feet of new impervious area. (a) Requirement. The development of the following must be processed in accordance with the requirements for a small site improvement plan: i. A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions; ii. The creation of more than 10,000 square feet of impervious area for a development on site of less than one (1) acre within any zoning district. (b) Excluded Developments. The construction of less than or equal to 10,000 square feet of new impervious area shall be exempt from the site improvement plan requirements and shall be submitted in accordance with the requirements of §166.02(E) and §166.15. (4) Concept Plan. When a developer intends to subdivide property within the city or city's planning area boundary, he/she shall submit a concept plan to obtain feedback and recommendations from city staff prior and the Planning Commission to submitting a fully engineered development plan for review. When a developer intends to develop greater than 10,000 square feet of new impervious area within the city or city's planning area boundary, they may submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. (D) Modifications. (a) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to, substitutions of one approved structural type for another, minor variations in placement of buildings in such a way that the overall limits of approved floor area, open space, or rooms per acre are not increased, and minor shifts in property line locations. (b) Major Modifications. In the event that a developer wishes to make major modifications to an approved development, such modifications shall be submitted to the approving body of the subdivision or site plan, whether staff, Subdivision Committee, or the Planning Commission. After submission, the approving body shall approve or disapprove the requested modification. Repeal and Replace § 166.02(D)(1) with the following: (1) Property Line Adjustment, Lot Split, Building Permit, 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. Repeal and Replace § 166.02(E) with the following: (E) Building Permits (1) Before a building permit is issued the developer shall: (a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (b) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. (c) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: i) Obtain approval from the appropriate governing body ii) On and Off -Site Improvements. Construct or guarantee required on- and off -site improvements in accordance with UDC Chapter 158. iii) Complete applicable conditions of approval. (2) In addition to 166.02(E), before a building permit is issued for site that creates between 1,201 and 10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate Grading and Drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place prior to the effective date of this ordinance. Required Mitigation Measures and Documentation by Development Threshold Development City-wide Grading and Drainage / Stormwater Documentation Threshold Standard Level 1 < or = 1,200 Exempt from Grading and Drainage provisions except for sf of IA those still associated with the Building Permit process such as HHOD. • Completed Green Stormwater Practice (GSP) Worksheet, demonstrating Runoff Reduction via 1,201- Better Site Design. Level 2 6,000 sf of IA • GSP Operation & Maintenance (O & M) Agreement to ensure the long-term functionality of these practices. Same as Level 2. 6,001— Level 3 10,000 sf of IA Repeal and replace § 166.02(F) with the following: Water Quality, Flood, and Tree Mitigation Measures Exempt • 2 or more measures from Step 1 of Table 2 that Reduce Runoff via Better Site Design • 1 or more Green Stormwater Practices (GSPs) measures from Step 2 of Table 2 as required to treat 100% of the developed portion of the site. • Same as Level 2. • As needed GSP measures from Step 3 to further reduce runoff • Abbreviated Tree Preservation Plan (F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale development, large site improvement plan, or small site improvement plan shall be issued, and no final plat or concurrent plat shall be signed for recordation until the following have been completed: (1) The requirements for on and off -site improvements have been completed, and maintenance bonds/guarantees deposited to city specifications. (2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing: (a) The location of all buildings and the setback distance for said buildings from street right-of-way and adjoining property lines; (b) The location of any freestanding signs and the setback distance of said signs from street right-of-way and adjoining property lines; (c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or fences; (d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines; (e) The location and size of all stormwater features with associated drainage easements demarcated, where applicable; and (f) The location and quantity of existing and new impervious area on the property. (3) The development has been inspected and approved by all applicable city divisions. (4) All applicable conditions of approval have been completed. Repeal and Replace § 166.03 - Plat Requirements with the following: 166.03 — Plat Requirements (A) Original Plan Drawings. Plans shall be drawn in a legible manner, at a scale which best suits the size of the property being developed or platted. All plans shall be drawn at a standard engineering scale, and submitted in paper and/or digital form, as listed on the application. (B) Plat Information. The following information shall be submitted to the Planning Division and/or Planning Commission for review and approval: (1) General. Property Large - Preliminary Final Concurrent Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Adj. PZD I I Name, address, zoning and property lines of all property owners adjacent to the exterior boundaries of the project. X X X X X FX-Fx Name, address, telephone numbers of owner(s), developer(s) and project representatives X X X X X X X North arrow, scale (graphic and written), date of preparation zoning classification, and X X X X X X X proposed use. Title block located in the lower right hand corner indicating the name and type of project, scale, firm or individual X X X X FX FX X preparing drawing, date and revisions. Provide a complete and accurate legend X X X X X X X A vicinity map of the project with a radius of 1.5 miles from the project. This map shall include any Master Street Plan X X X X X X X streets as well as the 100-year flood plain boundary. i The location of all existing structures X X X X FX X X Site coverage note indicating the percentage of site that is X X X X X X covered by impervious surface. (2) Legal Description. Property Large - Preliminary Final Concurrent Lot Scale, Concept Plat Plat Plat Line Add' Split SIP, Plat I PZD Written legal descriptions including area in square feet or acres that read clockwise (Note: If the project is contained in I X X X X X X more than one tract, the legal for each individual tract and a total tract description must be provided.) Boundary survey of the property shown on the plat. The surveyor shall seal, sign and date the survey. Each survey X X X X X X X plat shall have 2 points described in State Plane Coordinates, Arkansas, North, North American Datum, 1983 (NAD 83) Provide a benchmark, clearly defined with an accuracy of 1/100 feet. This benchmark must be tied to USC & GS Datum. Benchmarks include but are not limited to the following: fire hydrant, manhole, etc. Point -of -beginning from a permanent well-defined referen point. This P.O.B. shall be clearly labeled on the drawing. Curve data for any street which forms a project boundary. (3) Floodplain/Floodways/Wetlands. X X X X FceFX FX XXX X X X F -Xl X X Preliminary Final Concurrent Property Lot Large- Concept Plat Plat Plat Adj. Line Split Scale, SIP, PZD Plat Show 100-yr floodplain and/or floodway and based flood elevations. Reference the FIRM panel number and X X X X X X FX effective date. Note regarding wetlands, if applicable. Note if Army Corps of Engineers determination is in progress. (4) Topographic Information. Existing and proposed topographic information with source of the information noted. Show: a. 2-foot contour intervals for ground slope between level and 10%. b. 5-foot contour interval for ground slope exceeding 10%. Spot elevations at grade breaks along existing road centerlines, gutter lines and top of curbs or edge of pavement. Contours of adjacent land within 100 feet of the project shall also be shown. (5) Tree Protection/Landscaping. X I X X Preliminary Final Concurrent Property Lot Large- Concept Plat Plat Plat Line Split Scale, Adj. SIP, PZD plat Large - Preliminary Final Concurrent Property Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Add. I PZD Delineate trees to be retained on -site and the measures to X X XT X X be implemented for their protection. I I Clearly depict the limits of soil disturbance to inclu( areas to be graded both on and off -site. Show proposed location of all utilities. Landscape proposals for parking lots and/or tree replacement requirements shall include proposed I species and size. Existing and proposed utility lines shown on the plan. State the method for irrigating material on the plan. When an ordinance requires other screening material, show the layout of planti (6) Utilities - Existing. le all X X X X X X X F-T X Plant shall be X X X X :he plant hrubs or )g beds. P P y Large - Preliminary Final Concurrent Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat J_ Adj. pZD J_ Show on the drawing all known on -site and off -site existing utilities and easements (dimensioned) and provide the X X X X X X X structure's locations, types, and condition and note them as "existing" on the plat. Existing easements shall show the name of the easement holder, purpose of the easement, and the book and page number for the easement. If an easement is blanket or X X X X X X indeterminate in nature, a note to this effect shall be placed on the plat or plan. (7) Utilities - Proposed. Preliminary Final Concurrent PropeLine rty Scale , Lot Large- Concept Plat I Plat Plat Split Plat Adj. SIP, PZD Show all storm sewer structures, sanitary sewer structures and drainage structures: X X X X a. Provide structure locations and types b. Provide pipe types and sizes Sanitary sewer systems: a. Provide pipe locations, sizes, and types X X X X X X b. Manhole locations of rim and invert elevations. Note the occurrence of any previous water, sewer, or storm sewer overflow problems on -site or in the X X X proximity of the site. If a septic system is to be utilized, provide a table of X X X acreage and percolation rates. F Water systems, on or near the site: a. Provide pipe locations, types, and sizes X X X X X X b. Note the static pressure and flow of the nearest hydrant if requested. c. Show location of proposed fire hydrants and me Underground or surface utility transmission lines: (Note: This category includes, but is not limited to telephone, electrical, natural gas, and TV cable) a. Locations of all related structures (pedestals, pol etc.) b. Locations of all lines (note whether the line is be or above ground) c. A note shall be placed where streets will be plac under the existing overhead facilities and the approximate change in grade for the proposed str State the width, location, and purpose of all propo easements or rights of way for utilities, drainage, sewers, flood control, ingress/egress or other publi purposes within and adjacent to the project. (8) Streets/Right-of-Ways/Easements. ters. F es, low X X X X ed eet. sed X X X X X X X c Street right-of-way lines clearly labeled. The drawings depict any future R.O.W. needs as determined by the and Master Street Plan. Future R.O.W. as well as existi R.O.W. and center lines should be shown and dimensi The location, widths, grades, and names of all existing proposed streets (avoid using first names of people fo streets), alleys, paths, and other rights -of -way, whethe or private, within and adjacent to the project; private easements within and adjacent to the project; and the of each centerline curve. Private streets shall be clear) indicated and named. Names of streets should be app the 911 Coordinator. A layout of adjoining property (within 300 feet) in suffi detail to show the effect of proposed and existing stre (including those on the Master Street Plan), adjoining I off -site easements. This information can be obtained f Master Street Plan, Aerial Photos, and the City Plat Pa located in the Planning Office if requested. The location of all existing and proposed street lights ( intersection, cul-de-sac & every 300 feet and associate easements to serve each light.) (9) Subdivision of Land. �r Large - Preliminary Preliminary Final Concurrent Lot Scale, Concept o r Plat Plat Plat Line Split SIP, Plat Adj. PZD I I hall AHTD X X X X X X X ng ned. and new r public radius X X X X X X X Y roved by cient ets ots, and X X X X X rom the ges At every d X X X X Preliminary Final Concurrent Property Lot Large- Concept Plat Plat Line Split Scale, Plat Adj. Street right-of-way lines clearly labeled. The drawings depict any future R.O.W. needs as determined by the and Master Street Plan. Future R.O.W. as well as existi R.O.W. and center lines should be shown and dimensi The location, widths, grades, and names of all existing proposed streets (avoid using first names of people fo streets), alleys, paths, and other rights -of -way, whethe or private, within and adjacent to the project; private easements within and adjacent to the project; and the of each centerline curve. Private streets shall be clear) indicated and named. Names of streets should be app the 911 Coordinator. A layout of adjoining property (within 300 feet) in suffi detail to show the effect of proposed and existing stre (including those on the Master Street Plan), adjoining I off -site easements. This information can be obtained f Master Street Plan, Aerial Photos, and the City Plat Pa located in the Planning Office if requested. The location of all existing and proposed street lights ( intersection, cul-de-sac & every 300 feet and associate easements to serve each light.) (9) Subdivision of Land. �r Large - Preliminary Preliminary Final Concurrent Lot Scale, Concept o r Plat Plat Plat Line Split SIP, Plat Adj. PZD I I hall AHTD X X X X X X X ng ned. and new r public radius X X X X X X X Y roved by cient ets ots, and X X X X X rom the ges At every d X X X X Preliminary Final Concurrent Property Lot Large- Concept Plat Plat Line Split Scale, Plat Adj. Preliminary Final Concurrent Property Lot Large- Concept Plat Plat Line Split Scale, Plat Adj. The lot layout, the dimensions of each lot, number of each I total area in square footage or acreage to the nearest 1/10 acre of each lot, and the approximate finish grade where p For phased development, a plat showing all phases is required. (10) Site Specific Information. Provide a note of any known existing flooding and/or erosi problems on -site or within 300 feet downstream of the property. The location of known existing or abandoned water wells, sumps, cesspools, springs, water impoundments, and underground structures within the project. The location of known existing or proposed ground leases access agreements, if known. (e.g. shared parking lots, drives, areas of land that will be leased) The location of all known potentially dangerous areas, including areas subject to flooding, slope instability, soil settlement, excessive noise, previously filled areas and the means of mitigating the hazards (abatement wall, signage, etc.). The boundaries, acreage, and the use of existing and proposed public areas in and adjacent to the project. If Ian is to be offered for dedication for park and recreation purposes it shall be designated. For residential development, indicate the use and list in a table the number of units and bedrooms. For non-residential development, indicate the gross floor area, and if for multiple uses, the floor area devoted to each type of use. The location and size of existing and proposed signs, if any The location and number of bike racks provided and required. Location, size, surfacing, landscaping, and arrangement of parking and loading areas. Indicate pattern of traffic flow; include a table showing required, provided, and handicapped accessible parking spaces. a are proposed for building sites. Lots shall be numbered consecutively for all phases. The total number of lots shall indicated on the plat. For phased development, a plat showing all phases is required. (10) Site Specific Information. Provide a note of any known existing flooding and/or erosi problems on -site or within 300 feet downstream of the property. The location of known existing or abandoned water wells, sumps, cesspools, springs, water impoundments, and underground structures within the project. The location of known existing or proposed ground leases access agreements, if known. (e.g. shared parking lots, drives, areas of land that will be leased) The location of all known potentially dangerous areas, including areas subject to flooding, slope instability, soil settlement, excessive noise, previously filled areas and the means of mitigating the hazards (abatement wall, signage, etc.). The boundaries, acreage, and the use of existing and proposed public areas in and adjacent to the project. If Ian is to be offered for dedication for park and recreation purposes it shall be designated. For residential development, indicate the use and list in a table the number of units and bedrooms. For non-residential development, indicate the gross floor area, and if for multiple uses, the floor area devoted to each type of use. The location and size of existing and proposed signs, if any The location and number of bike racks provided and required. Location, size, surfacing, landscaping, and arrangement of parking and loading areas. Indicate pattern of traffic flow; include a table showing required, provided, and handicapped accessible parking spaces. SIP, PZD ot, Oth ds X X X X X X be X X X X Large - Preliminary Final Concurrent Property Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Add. PZD on X X X X X X X X X X or X X X X X X X X X X d X X X X I FT x F_ FX X X X X X X X I X Large - Preliminary Final Concurrent Property Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Add. PZD on X X X X X X X X X X or X X X X X X X X X X d X X X X I FT x F_ FX X X X X X X X I X Location and width of curb cuts and driveways. Dimension driveways and curb cuts from side property line and surrounding intersections. Location of buffer strips, fences or screen walls, where required (check Unified Development Code for specific requirements). Indicate location and type of garbage service. Dimension turnaround area at dumpster location. A description of commonly held areas, if applicable. A written description of requested waivers or variances fro any city requirement. Show required building setbacks. Provide a note on the pla of the current setback requirements for the subdivision. Preliminary grading and drainage plans and reports as required in the City Engineer's Office. (11) Other requirements. Any other data or reports as deemed n for project review by the Zoning and Development Administrator, City Engin Planning Commission. Signature block to certify approval of st drainage and utility easements. Signature block to certify approval of w sewer system. Signature block to certify approval of b setback dimensions. Signature block certifying approval for recording. Signature block certifying approval of p dedication or money in lieu. Signature block certifying approval of u easements. Signature block certifying ownership, title and dedication. Signature block certifying survey and ac (12) Easement Plat. III Fx X X X X __F F1 X X X F X n X X X X X X X X X X X Fx X X F X X Preliminary Final Concurrent Property Lot Large- Concept ale LinAde Plat Plat Plat Split SS Plat 1 ?cessary X X X X X X X aer or reets, Fx T x _F7 ater and X X gilding X X X X X X ark land X X tility I X X X X X curacy. X X X Prior to the issuance of a building permit for a large scale development, site improvement plan or planned zoning district an easement plat shall be filed of record in the office of the Circuit Clerk dedicating all required easements and rights -of -way. Large - Preliminary Final Concurrent Property Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Adj. PZD X *All plats should meet or exceed the most current State of Arkansas Standards of Practice for Property Boundary Surveys and Plats. **SIP = Large or Small Site Improvement Plan ***PZD = Planned Zoning District (C) Signatures Required. The final plat or concurrent plat may be signed by any officer of the Planning Commission. (D) Number of Plats. The Planning Division may require additional copies of plats if the amount required by this chapter is not sufficient for distribution to the various committee members. Repeal and Replace § 166.04(B) Minimum Improvements by Application Type with the following: (B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for constructing the following minimum improvements. (1) Property Line Adjustment or Exempted Properties of less than or equal to 1, 200 square feet of impervious area. No improvements are required unless the action would create or exacerbate a nonconforming infrastructure situation such as cutting off a lot from public water, sewer, or street frontage. In such as case the property may not be filed of record until the required infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (2) Building Permit with no required grading review. a. Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. b. Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. c. Grading and Storm Drainage System. The developer shall install Water Quality, Flood, and Tree Mitigation Measures after approval of the corresponding Grading and Drainage / Stormwater documentation found in Section 166.02(F) i. All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the City's Drainage Criteria Manual. (3) Lot Split, Building Permit requiring grading review. (a) Dedication of Right -of -Way. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property into conformance with the right-of-way requirements of the Master Street Plan for said streets; provided, the Subdivision Committee or Planning Commission may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. If a lot split would create or exacerbate a nonconforming situation (such as cutting off a lot from public water, sewer, street frontage, or street access), the lot split may not be filed of record until the required easement is dedicated and/or the infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (d) Parkland Dedication. Parks fees shall be assessed for each new residential unit that is constructed on the additional lot(s) in accordance with the parkland dedication requirements outlined in Fayetteville Unified Development Code Chapter 166. Said fees shall be paid prior to issuance of a building permit for construction on the new lot. (4) Preliminary/Final/Concurrent Plat, Large Scale Development, Large or Small Site Improvement Plan. (a) Dedication of Right -of -Way. (i) On -site. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance with the right-of-way requirements of the Master Street Plan for said streets, shall be approved by the Planning Commission or Subdivision Committee; provided, the Planning Commission or Subdivision Committee may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (i i) Council Acceptance of Streets and Alleys. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Streets. (i) On -Site. Widening the street adjacent to the project frontage and construction of all interior streets to meet Master Street Plan standards. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. (i i) Off -Site. Street widening and/or new street construction off -site may be required to address traffic impacts based on the rough proportion and rational nexus of the impacts of the project. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. (iii) Private Street Name Signs. Where a structure is addressed on a private street or drive, the developer or property owner(s) shall be required to install, maintain, repair and replace all private street name signs. Any private street name sign existing at the time of passage of this ordinance shall be maintained, repaired and replaced as required by this section. Signs shall meet the standards of the Manual on Uniform Traffic Control Devices (MUTCD) and shall be installed at all street/drive intersections. Unless approved otherwise, all signs shall be retroreflective and utilize a white legend on a green background. (d) Curbs and Gutters. (i) On -Site. Curbs and gutters adjacent to the project frontage according to existing city standards and specifications as adopted by the City Council. Off -Site. Curbs and gutters off -site may be required to address drainage and/or traffic impacts based on the rough proportion and rational nexus to impacts of the project. Curbs and gutters according to existing city standards and specifications as adopted by the City Council. (e) Traffic Signals. As determined to be needed based on the rough proportionality and rational nexus of the impacts of the development. (f) Sidewalks. (i) On -Site. Sidewalks shall be installed along the property street frontage and along new interior streets according to existing city standards and the Master Street Plan as adopted by the City Council. (ii) Off -Site. Sidewalks may be required to be installed off -site based on the rough proportionality and rational nexus of the impacts of the development. (g) Streetlights. Standard 8,000 lumen streetlights (or equal alternative approved by the Planning Division) shall be installed at each intersection or cul-de-sac and along one side of each street or cul-de-sac at intervals of no more than 300 feet; provided, streetlights of higher intensity may be required at intersections with collector streets or arterial streets. Developers are encouraged to utilize high -efficiency (LED or similar) streetlights where possible). (h) Grading and Storm Drainage System. (i) The developer shall install storm drainage facilities, including drains, sewers, catch basins, and culverts necessary for the proper drainage of all surface water. (ii) All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the City's Drainage Criteria Manual. (iii) All surface water drainage shall be transported to existing storm sewers, drainage facilities, or natural drainage ditches approved by the City Engineer. (iv) The City Engineer shall approve all drainage features. (v) Culverts and Bridges. Culverts and bridges shall be installed where needed in accordance with existing Arkansas State Highway Department standards and specifications. (i) Water Supply. (i) Accessible Public Water Supply. When an approved public water supply is reasonably accessible, the developer shall install a system of water mains and shall connect to such supply so that each lot within the subdivision or development shall be provided with a connection to said public water supply. All connections shall be approved by the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (ii) Nonaccessible Public Water Supply. Where an approved public water supply is not reasonably accessible, any private water supply system proposed by the developer must be approved by the county sanitarian and the City Engineer in order to assure that the private water supply system will provide an adequate supply of potable water to every lot in the subdivision or development. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (iii) Fire Hydrants. Fire hydrants for single-family dwellings and duplexes shall be installed so that the distance between two consecutive fire hydrants does not exceed 800 feet, and no lot is more than 400 feet from a fire hydrant. Fire hydrants for apartment complexes, commercial structures, and industrial structures shall be installed so that the distance between two consecutive fire hydrants does not exceed 600 feet; provided, the Fire Chief shall have the authority to require additional fire hydrants upon a determination that such additional fire hydrants are necessary to provide adequate fire protection. The Fire Chief shall develop written criteria to be applied in determining whether additional fire hydrants shall be required. 0) Sanitary Sewer System. (i) Public Sanitary Sewer Accessible. Where a public sanitary sewer is reasonably accessible, the developer shall connect with such sewer, and each lot within the subdivision or development shall be provided with a connection thereto. All connections shall be subject to the approval of the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street if possible. (ii) Public Sanitary Sewer Not Accessible. Where a subdivision, lot split, or other development is proposed to utilize either individual septic systems or an onsite wastewater treatment system the following is required: (a) Lot Splits Resulting in Lots Less Than 1.5 acres. Prior to the City stamping the lot split document for approval, a letter from the Arkansas Department of Health is required verifying approval of soil tests and that the property could be developed with a septic system. (b) Prior to the city signing a final or concurrent plat a letter from the Arkansas Department of Health is required indicating approval of the overall plan for the utilization of either onsite wastewater systems or individual septic permits. (c) Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by state law and water wells on -site or off -site within 100 feet shall be shown on all proposed subdivisions, lot splits, and development plans. (d) Community Sewage Systems. The construction of community sewage systems or decentralized sewer systems shall be prohibited within the City unless expressly permitted by resolution of the City Council. (e) Annexation of Community Sewage Systems. Where a community sewage system is annexed into the city, then the following shall apply: (1) Unconstructed Systems. The wastewater system shall be designed such that the entire collection system is a traditional -style gravity sewer system that carries all wastewater flow to centralized treatment facilities and shall meet city standards for design construction. The system must also be designed such that there is one single point of connection from which a future gravity connection can be made to the city sanitary sewer system when the latter becomes available. This connection shall be made at the expense of the owner of the decentralized wastewater system. (2) Constructed Systems. Systems constructed prior to annexation into the city must tie to the city sanitary sewer system when a city sanitary sewer main is constructed within 300 feet of the community sewage system and such main is reasonably available to the community sewage system. This connection shall be made at the expense of the owner of the decentralized wastewater system. (k) Trail Linkages/Corridor/Easements. The developer may be required to construct a trail linkage or corridor or grant a multi -use trail easement for trails shown on the Master Transportation Plan that abut, intersect, or traverse the project site, if it is determined that the improvements bear a rational nexus and rough proportionality to the needs created by the development. (1) Parkland Dedication. (i) Applicability. The requirements of this subsection shall apply to residential lot splits, subdivisions, large scale developments, planned zoning districts, large scale site improvement plans, and small scale site improvement plans; provided that these requirements shall not apply to a lot split or subdivision that does not create one (1) or more vacant lots on which a residential structure could be erected pursuant to the Unified Development Code. (ii) Residential Development. (a) Dedication or Fee -in -Lieu. When a proposed residential development does not provide an area or areas for a public park based on the Fayetteville Parks and Recreation Plan, the developer shall be required to make a reasonable dedication of land for public park facilities, or to make a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition and development of park land that serves the subdivision or development. (b) Parks and Recreation Advisory Board. Prior to the submittal of a preliminary plat, large scale development plan, or large site improvement plan the developer shall submit to the Parks and Recreation Advisory Board a concept plat or plan. (c) Planning Commission. The developer and the Parks and Recreation Advisory Board shall make a joint recommendation to the Planning Commission as to the land dedication or contribution in lieu of dedication. In the event that they are unable to agree, the developer and advisory board shall make separate recommendations to the Planning Commission who shall determine the issue. (d) Decision. If the developer proposes to dedicate land for a public park after consultation with the Parks and Recreation Advisory Board which the Planning Commission determines is suitable for park purposes, the proposed dedication shall be accepted. Upon consent and consultation with the developer and the Parks and Recreation Advisory Board, a developer may dedicate a portion of the required park land dedication and make a contribution of money in lieu of land dedication for the remaining park land dedication requirement. With consent of the Parks and Recreation Advisory Board, this monetary contribution may be used to develop the park land in the development or elsewhere within the quadrant consistent with the Fayetteville Parks and Recreation Plan. (e) Approval. The Planning Commission's decision must be incorporated into the developer's preliminary plat, large scale development, or large site improvement plan prior to plat or plan approval. (f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for each single-family dwelling unit and 0.020 acres of land for each multi -family dwelling unit. (g) Fee -in -Lieu formulas. A contribution in lieu of land dedication shall be made according to the following formula: $1,089.00 for each single-family unit. $952.00 for each multi -family unit based upon actual density. The Parks and Recreation Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review. (h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds the requirement of this subsection, the developer shall make a written request to the Planning Commission who may grant the developer a credit equivalent to said excess. Said credit shall be applied toward the developer's obligation under this subsection for any subsequent development located in the same park quadrant. (iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city signs the final plat, or issuance of building permits for a large scale development or large site improvement plan. A final plat shall not be released for recordation until the deed for a land dedication is received. Deeded land is dedicated public park land and not subject to any right of reversion or refund. A cash contribution in lieu of required land development shall be payable before the city signing the final plat, or issuance of building permits for a large scale development or large site improvement plan. With the approval of the planning commission a developer may pay such contribution in three (3) equal installments to be paid in full within one (1) year of final plat approval. If a developer makes a cash contribution in lieu of land dedication, the developer shall be entitled to a pro rata refund, together with the accrued interest therefrom, in the event actual density is less than the density used as the basis for the developer's contribution; provided, no refund shall be made unless application therefore is made in writing to the Zoning and Development Administrator within one (1) year from the date of final plat approval. In the event actual density is more than the density used as the basis for a dedication of land or case contribution the developer must make an additional land dedication or contribution in lieu of dedication. (iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be required to meet the standards for lot size, bulk and area within any zoning district. Lots created for the purpose of park land dedication to serve the residents of the surrounding area shall not be subject to POA/HOA dues or other fees established for maintenance or other purposes within the neighborhood. (v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in an interest bearing account. This money together with its earned interest shall be expended within five (5) calendar years of the last date of the calendar year in which it was received for the acquisition and/ or development of parkland that services the subdivision or development for which the contribution in lieu of dedication was made. If this money has not been expended within the allowed period, the unexpended money together with any of its remaining earned interest shall be refunded to the present owner of the property that was the subject of the new development and against which the parkland fee was assessed and collected. Repeal and Replace § 166.15(A) with the following: (A) Application. All applications for building permits shall be accompanied by plans in duplicate drawn to scale showing: (1) The actual dimensions and shape of the lot to be built upon; (2) The exact sizes and locations on the lot of any existing structures or impervious areas, if any. Impervious areas will be considered as existing only if they are in place prior to the effective date of this ordinance; (3) The location and dimensions of the proposed structures and any new impervious area or alteration; (4) Construction of between 1,201 and 10,000 square feet of impervious area on a single lot meeting the requirements of 166.02, including building additions, shall require additional reviews which may include, but is not limited to, grading and/or drainage review by engineering and tree preservation review urban forestry. (Reference §169.03, §166.02) (5) The location and dimensions of the proposed Green Stormwater Practices (GSPs) and / or Mitigation Measures, as described in the current Drainage Criteria Manual. (6) The application shall include such other information as lawfully may be required by the Zoning and Development Administrator, including: (a) Existing or proposed structures, alterations and impervious areas; (b) Existing or proposed uses of the building and land; (c) The number of families, housekeeping units, or rental units the building is designed to accommodate; (d) Conditions existing on the lot; and (e) Such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter. Repeal and Replace § 166.20(A) with the following: (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land (grading) / storm water, drainage, and erosion control (drainage) permit; (7) Tree preservation plans; and (8) Floodplain development permits. Exhibit D Reseal and Replace & 167.04(A)(11) with the followin "(11) Building Permits. Tree preservation requirements apply to all permit applications for developments of greater than 6,000 square feet of impervious area. An abbreviated tree preservation plan, asset forth in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision or large scale development process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved." Reseal and Replace & 167.04(A)(121 with the followin "(12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree preservation plan or review from Urban Forestry. a. Persons seeking to construct 6,000 square feet or less of impervious area are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply. b. Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in an enlargement of the building footprint or roof dripline shall not require an abbreviated tree preservation plan." Repeal and Replace § 167.04(H)(3) with the following: (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between 6,001 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, Subdivision Committee and Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. Exhibit E Repeal and Replace § 168.01(A) with the following: (A) The purpose of this Chapter is to promote the public health, safety and general welfare, to prevent adverse impacts from any floodplain development activities, and to minimize public and private losses due to flooding events in identified special flood hazard areas. This flood damage prevention code advances the stated purpose through provisions designed to: (1) Protect human life and health; (2) Protect natural floodplains against unwise development; (3) Eliminate adverse impacts of necessary floodplain development; (4) Protect, restore and maintain the chemical, physical, and biological integrity of the water resources; (5) Reduce pollutants in surface waters by filtering, settling, and transforming pollutants in runoff; (6) Stabilize the banks of streams to reduce erosion and the downstream transport of sediment and nutrients; (7) Maintain tree canopy to shade streams, reduce water temperatures, promote desirable aquatic organisms resulting in ecological integrity with improved fishing, greater scenic value and recreational opportunity; (8) Minimize expenditure of public monies on flood control projects; (9) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (10) Minimize prolonged business interruptions due to flooding events; (11) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in Special Flood Hazard Areas; (12) Minimize future flood blight areas to help maintain a stable tax base; (13) Provide for notice to potential buyers when property is in a special flood hazard area; (14) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Repeal and Replace § 168.02 — Definitions with the following: 168.02 - Definitions See Section 151.01; additional definitions for floodplain management can be found at 44 CFR §59.1. Repeal and Replace § 168.05 — Administration with the following: 168.05 - Administration (A) Designation of the Floodplain Administrator. The Mayor, or his/her designee, is hereby appointed to act as the Floodplain Administrator. (B) Duties and Responsibilities of the Floodplain Administrator. It is the duty and responsibility of the Floodplain Administrator or his/her designee to: (1) Obtain accreditation each year as required by A.C.A. §14-268-106 through the state coordinating agency. (2) Administer and implement the provisions of this Code and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) as they pertain to floodplain management (3) Review applications for floodplain development permits to: (a) Evaluate proposed projects for reasonable safety from flooding; (b) Ensure that all other permits necessary (including Section 404 Wetlands Permits as required by the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) for proposed projects are obtained from the appropriate government agency prior to issuing a floodplain development permit; and (c) Ensure that proposed projects conform to the applicable provisions of this Code. (4) Approve or deny applications for floodplain development permits on the basis of: (a) The proposed development's compliance or non-compliance with the provisions of this Code; (b) The expected flood elevation, flood water velocity, flood duration, rate of rise and sediment transport of the floodwaters expected at the proposed development site; (c) The proposed development's potential to adversely impact life and property by changing flooding patterns, changing erosion rates, or being swept onto other lands by flood waters; (d) The proposed development's susceptibility to flood damage; (e) The proposed development's accessibility by ordinary and emergency vehicles during flooding events; (5) Interpret the exact location of the boundaries of special flood hazard areas whenever a mapped boundary appears to be different from actual field conditions. (The sole purpose of this interpretation is to determinate the applicability of the provisions of this Code to the proposed project.) (6) Notify adjacent communities and the state coordinating agency a minimum of sixty (60) days prior to any alteration or relocation of a watercourse and submit evidence of all such notifications to FEMA. (7) Ensure that the flood carrying capacity within an altered or relocated portion of a watercourse is not diminished, and that the alteration or relocation does not adversely impact any other lands. (8) Obtain, review and reasonably utilize, whenever the current Flood Insurance Study or current Flood Insurance Rate Map does not provide base flood elevation data, any base flood elevation data and floodway data available from any federal, state or other source. The Floodplain Administrator may obtain such data by requiring the applicant to submit it in conjunction with a floodplain development permit application. (The sole use of this data is the administration of the provisions of this Code.) (9) Inspect floodplain developments as necessary to ensure construction is in accordance with the application data that formed the basis for the decision to issue the floodplain development permit. (10) Issue certificates of compliance where applicable. (11) Maintain all records and documents pertaining to this Code for public inspection. Repeal and Replace 4 168.06 — Establishment of Development Permit with the following: 168.06 - Establishment of Floodplain Development Permit A floodplain development permit is required for any proposed change to improved or unimproved real estate in a special flood hazard area for the purposes of ensuring compliance with the provisions of this Code and Title 44 Emergency Management and Assistance of the Code of Federal Register. Under 44 CFR Ch. I, Subchapter B, Subpart A —General §59.1 Definitions, this includes any development, or man-made change, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Repeal and Replace § 168.07 — Permit Procedures with the following: 168.07 - Permit Procedures (A) Application for a floodplain development permit shall be presented to the Floodplain Administrator electronically and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. (B) The documentation required with each application for a floodplain development permit, and the specific provisions of this Code applicable to the proposed development, are dependent upon the type of development proposed and the risk zone of the proposed development site. §168.10(A) contains standards for all developments in all risk zones. §168.11 contains standards for specific development types in specific risk zones. (C) The decision of the Floodplain Administrator to approve or deny issuance of a floodplain development permit is subject to appeal to the designated Appeal Board. Within Fayetteville, Arkansas the designated Appeal Board is the City Council. Repeal and Replace 4168.10 — Provisions for Flood Hazard Reduction with the following: 168.10 - Provisions for Flood Hazard Reduction General Standards. The following standards apply to all developments in special flood hazard areas, regardless of the type of proposed development or the risk zone of the proposed site. (A) All new and substantial construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (B) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (C) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (D) All critical facilities constructed or substantially improved in special flood hazard areas (SFHA) must be constructed or modified to exceed five hundred (500) year flood protection standards or located outside the SFHA. (E) The placement or construction of all new structures must be in full compliance with the provisions of this Code. (F) For the purposes of this Code, all mixed -use structures are subject to the more stringent requirements of residential structures. (G) A substantial improvement or substantial damage to an existing structure triggers a requirement to bring the entire structure into full compliance with the provisions of this Code. The existing structure, as well as any reconstruction, rehabilitation, addition, or other improvement, must meet the standards of new construction in this Code. (H) Any improvement to an existing structure that is less than a substantial improvement requires the improvement, but not the existing structure, to be in full compliance with the provisions of this Code. (1) All manufactured homes to be placed within a special flood hazard area on a community's FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Screw augers or expanding anchors will not satisfy the requirement of this provision. (J) The design or location of electrical, heating, ventilation, plumbing, and air conditioning equipment for new structures, or for any improvements to an existing structure, must prevent water from entering or accumulating within the components during base flood events by meeting the same freeboard or floodproofing requirements of the structure they serve. (K) The design of all new and replacement water supply systems must minimize or eliminate infiltration of floodwaters into the system during base flood events. (L) The design of all new and replacement sanitary sewage systems must minimize or eliminate infiltration of floodwaters into the system during flooding events and must prevent sewage discharge from the systems into floodwaters. (M) The placement of on -site waste disposal systems must avoid impairment to, or contamination from, the disposal system during base flood events. (N) Construction of basement foundations in any special flood hazard area is prohibited. (0) New construction and substantial improvements, with fully enclosed areas (such as garages and crawlspaces) below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are below the base flood elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 1. A minimum of two (2) openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. 2. The bottom of all openings shall be no higher than 1 foot above grade. lUU sq. Inches total 3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (P) The placement of recreational vehicles (RV) in special flood hazard areas must either: 1. Be temporary, as demonstrated by the RV being fully licensed, being on wheels or a jacking system, attached to the site only by quick disconnect type utilities and security devices, having no permanently attached additions, and being immobile for no more than one hundred eighty (180) consecutive days; or else 2. Meet all provisions of this Code applicable to manufactured home structures. (Q) All proposals for the development of a residential subdivision, commercial business park or manufactured home park/subdivision must have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (R) All proposals for the development of a residential subdivision, commercial business park or a manufactured home park/subdivision must include an adequate drainage plan to reduce exposure to flood hazards. (S) All proposals for the development of a commercial business park or a manufactured home park/subdivision must include an adequate evacuation plan for the escape of citizens from affected nonresidential structures during flooding events. (T) Standards for Subdivisions: Applications for preliminary, final, and/or concurrent plat approval shall: Identify the special flood hazards areas, including delineation of floodways and the elevation of the base flood. 2. All final plats shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be verified by a registered professional engineer, or surveyor, and provided to the Floodplain Administrator. 3. To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing man-made drainage ways within subdivisions to avoid the creation of lots that can be built upon in only by altering such drainage ways. (See illustration: Figure 3). i L.D. Ho zgrd A— ,n, t To -1—, Tn F'.—A Hp Ca (1"' Any lot platted so that a portion of the lot lies in a special flood hazard area shall contain a minimum of 6,000 square feet of buildable area, including setbacks, outside the special flood hazard area, or if it contains less than 6,000 square feet of buildable area, it shall be platted to contain a minimum of one (1) acre. Any lot platted so that the entire lot lies in a special flood hazard area shall contain a minimum of 1 acre. (See illustration: Figure 4) 4. For subdivisions partially located in special flood hazard areas, minimum lot area requirements may be waived by the director to allow the platting of lots to be clustered outside the special flood hazard area, the density permitted for the zoning district to be averaged over the entire parcel, provided a permanent conservation easement is granted to the city, a land trust, or the property owners association to ensure that the area of special flood hazard will remain undeveloped. 5. In any area that is located outside a special flood hazard area, but where a stream is located, no building or fill may be located within a distance of the stream bank equal to two and one-half (2'/2) the width of the stream measured from top of bank to top of bank, or 25 feet on each side, whichever is greater. 6. In all areas designated as a Zone A on the FIRM where a detailed study has not been completed to specify the floodway and base flood elevations, no development shall be located within the Zone A area. (i) Provided, the applicant may choose, if not required by other provisions of this chapter, to provide a detailed hydrologic and hydraulic study which delineates the floodway, one hundred (100) year floodplain boundary, and base flood elevations. At such time as a study is approved by FEMA, the applicant shall meet all requirements for areas designated with floodway, one hundred (100) year floodplain, and base flood elevations. (ii) If, for some reason, the property owner believes the FIRM to be inaccurate, a letter of map amendment may be submitted to FEMA by the applicant. If the boundaries of the floodplain are approved and amended by FEMA, setbacks will be enforced pursuant to the amendment. (U) Any new construction, addition or other development may be approved in a special flood hazard area only if: 1. The applicant has provided a detailed hydrologic and hydraulic study performed by a professional engineer licensed in the state of Arkansas which delineates the floodway, 1 % annual chance (100-year) floodplain boundary, and base flood elevations and demonstrates through a hydrologic and hydraulic analysis, that the development will not increase flood flows (0.0 cubic feet per second), flood heights (0.00 feet) or flood velocities (0.0 feet per second) on the subject property or any property upstream or downstream, and 2. The proposed development does not increase flood damage to off -site properties during the occurrence of the regulatory flood (1 % Annual Chance/100-year) or any flood of more frequent occurrence, and 3. The proposed development provides compensatory storage for any measurable loss of flood storage capacity. (V) Any structure, including but not limited to new structures, additions and substantial improvement, constructed on property fully or partially within the special flood hazard area (SFHA) shall meet the elevation or floodproofing requirements within 168.11 as applicable, even if the structure itself is located outside the SFHA. Repeal and Replace 4 168.11 — Risk Zone Specific Standards with the following: 168.11 - Risk Zone Specific Standards In addition to the general standards, the following standards apply to specific development types in specific Risk Zones, except as revised in Section E of this Article. Risk Zones listed in this Code that do not appear on the current FIRM are not applicable. (A) In AE risk zones: special flood hazard areas with base floods determined: (1) For residential structures in Zone AE: (a) For all new residential structures, the top surface of the lowest floor and any mechanical equipment must have an elevation 2 feet or more above the published BFE. This elevation must be documented on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures, the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (2) For nonresidential structures in Zone AE: (a) All new commercial, industrial or other nonresidential structures must either: (i) Have the lowest floor (including basement) and any mechanical equipment elevated 2 feet or more above the base flood level; or (ii) Be floodproofed such that, together with attendant utility, sanitary facilities and mechanical equipment, be designed so that below an elevation of 3 feet above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (iii) A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify on a floodproofing certificate that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (3) For manufactured homes in Zone AE: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision; (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated 2 feet or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11(A)(3)(a) of this section be elevated so that either: (i) The lowest floor of the manufactured home and any mechanical equipment is 2 feet or more above the base flood elevation; or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (iii) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. (iv) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (c) Where FEMA has not established a regulatory floodway in Zone AE, no floodplain development permit may be issued unless a detailed engineering analysis is submitted along with the application that demonstrates the increase in base floodwater elevation due to the proposed development and all cumulative developments since the publication of the current FIRM will be less than 1 foot. (B) F000dways - High Risk Areas of Stream Channel and Adjacent Floodplain: (1) Developments in regulatory floodways are prohibited, unless: (a) A no -rise certificate, signed and stamped by a professional engineer licensed to practice in the State of Arkansas, is submitted to demonstrate through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed development would not result in any increase in flood levels within the community during the occurrence of a base flood event; or (b) All requirements of 44 CFR §65.12 are first met. (2) No manufactured home may be placed in a regulatory floodway, regardless of elevation height, anchoring methods, or no -rise certification. (C) In AH or AO Risk Zones - Special flood hazard areas of shallow flooding: (1) For residential structures in Zones AH or AO: (a) All new residential structures must be constructed with the top surface of the lowest floor and any mechanical equipment elevated 2 feet or more above the published BFE, or 2 feet above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM. This elevation must be documented on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (2) For nonresidential structures in Zones AH or AO: (a) All new commercial, industrial or other nonresidential structure must either: (i) Have the top surface of the lowest floor and any mechanical equipment elevated 2 feet or more above the published BFE, or 2 feet or more above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM, with documentation on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas; or (ii) Be floodproofed such that the structure, together with attendant utility, sanitary facilities and mechanical equipment be designed so that below 3 feet or more above the published BFE in Zone AH, or 3 feet or more above the base specified flood depth in an AO Zone, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (3) For manufactured homes in Zones AH or AO: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation along with any mechanical equipment such that the lowest floor of the manufactured home is elevated 2 feet or more above the published BFE, or 2 feet or more above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11 (C)(3)(a) of this section be elevated so that either: (i) The lowest floor of the manufactured home meets the elevation standard of §168.11 (C)(3)(a)(iv); or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. (d) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (4) Where FEMA has not established a regulatory floodway in Zones AH or AO, no floodplain development permit may be issued unless a detailed engineering analysis is submitted along with the application that demonstrates the increase in base floodwater elevation due to the proposed development and all cumulative developments since the publication of the current FIRM will be less than 1 foot. (5) Require adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. (D) In "A" risk zones - Special flood hazard areas with no base flood elevations determined: (1) In Zone A, the applicant or the applicant's agent must determine a base flood elevation prior to construction. The BFE will be based on a source or method approved by the local Floodplain Administrator. (2) For residential structures in Zone A: (a) For all new residential structures, the top surface of the lowest floor and any mechanical equipment must have an elevation 2 feet or more above the BFE. This elevation must be documented on an Elevation Certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures, the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (3) For nonresidential structures in Zone A: (a) All new commercial, industrial or other nonresidential structures must either: (i) Have the lowest floor (including basement) and any mechanical equipment elevated 2 feet or more above the base flood level; or (ii) Be floodproofed such that, together with attendant utility, sanitary facilities and mechanical equipment, be designed so that below an elevation of 3 feet above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (iii) A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify on a floodproofing certificate that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (4) For manufactured homes in Zone A: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision; (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home and any mechanical equipment is elevated 2 feet or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11(D)(4)(a) of this section be elevated so that either: (i) The lowest floor of the manufactured home is 2 feet or more above the base flood elevation; or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. S��i� 6usrnrnt P�rlR a Colunnr ft1C1f1n[P—.. Bmr R.1...tler ilootl Eirre S:a.. C,r non Godr Eirre lon (d) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (5) Base flood elevation data and a regulatory floodway, utilizing accepted engineering practices, shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than fifty (50) lots or 5 acres, whichever is lesser, if not otherwise provided. Repeal and Replace § 168.12 — Streamside Protection Zones with the following: 168.12 - Streamside Protection Zones (A) Streamside Best Management Practices Manual. The City of Fayetteville's Streamside Best Management Practices Manual, which may be administratively changed by the City Engineer, shall be used in support of this chapter to explain specific objectives and principles. (B) Applicability. This ordinance shall apply to all land within the streamside protection zones. (C) Establishment of Designated Surface Waters. The streamside protection zones shall apply to all surface waters meeting any one of the following criteria: (1) All surface waters identified on the adopted Protected Streams Map (which may be administratively amended by the City Engineer to reflect applicable surface waters within annexed areas), including any pond, lake or reservoir located within the natural drainage way of said surface water; or (2) Any surface water where a floodway has been established by the Federal Emergency Management Agency (FEMA). (3) Surface waters that would have otherwise been protected, but were outside the City Limits when Ordinance No. 5390 was adopted on March 1, 2011, shall be automatically included as designated surface waters within the requirements of §168.12 Streamside Protection Zones upon the annexation into Fayetteville of the property on which the surface waters are located (D) Streamside Protection Requirements. The streamside protection zones shall be established as follows: (1) Zone 1: Waterside Zone. The waterside zone shall extend a minimum of 25 feet landward from the top of bank in each direction, measured horizontally on a line perpendicular to the top of bank and includes the surface water. (a) Steep Slope. Slope shall be calculated at the upstream and downstream property lines for every property. Properties with more than 100 feet of stream frontage shall require additional slope calculations at 100-foot increments, beginning at the upstream property line and ending at the downstream property line. When slope calculations are equal to or greater than 15%, the width of the waterside zone shall be extended by an additional 20 feet at that point. The boundary width determined at each designated slope measurement point shall be connected by a continuous line to form the boundary of the waterside zone (illustrations available in the Best Management Practices Manual). (2) Zone 2: Management Zone. The management zone shall begin at the outer edge of the Waterside Zone and extend landward 25 feet as measured horizontally on a line perpendicular to Zone 1. The combined width of Zones 1 and 2 shall be no less than 50 feet from the top of bank on all sides of the surface water. (a) Floodway. Where the floodway extends beyond the edge of the management zone boundary, said boundary shall be adjusted so that the zone consists of the extent of the floodway as designated by the most recently adopted FEMA Flood Insurance Rate Map (FIRM). (3) Piped Streams. When reviewing any development, grading or building permit application, the City Engineer may determine that normal streamside protection regulations shall not be applicable to that portion of a stream that has been piped or enclosed within a culvert or similar conduit prior to the adoption of this ordinance. (4) Daylighting. Streams enclosed prior to the effective date of this ordinance and subsequently daylighted shall only require a 5-foot setback measured from the established top of bank. Daylighted streams shall be maintained in a natural state by the property owner, who shall also be responsible for monitoring and controlling trash, litter and pollutants. (E) Regulated Uses, Structures and Activities Within the Streamside Protection Zones (1) The following are permitted within the designated streamside zone, subject to the requirements of this section, the Flood Damage Prevention Code, and all applicable requirements of the City of Fayetteville. Where a use is not listed, but is similar to a permitted use and is in keeping with the purpose of the streamside protection zones, the City Engineer may determine the use to be allowed. All other uses shall be prohibited. (a) Zone 1: Waterside Zone. The following may be permitted in the waterside zone, provided the standards of the Streamside Best Management Practices Manual shall be followed where applicable and that these uses and any necessary construction is designed and built to minimize the impact upon streamside areas and minimize any excavation or filling that will only be allowed by express authorization of the City Engineer. All construction, grading, excavation or filling must also fully comply with all necessary local, state and federal permits. (i) Open space uses that are primarily passive in character including: preserves, fishing areas and docks, parkland, and natural trails. (ii) Streambank restoration or stabilization. (iii) Water quality monitoring, education and scientific studies. (iv) Revegetation and reforestation. (v) Dam maintenance. (vi) Paved trails or other impervious surfaces not exceeding 12 feet in width when the City Engineer determines that there is no practical and feasible alternative. Such area may not be used to park vehicles. (vii) Stream crossings, including driveways, roadways, trails, or railroads when the City Engineer determines there is no practical and feasible alternative. (viii) Maintenance and upgrades of existing utility facilities. (ix) New utility facilities when the City Engineer determines there is no practical and feasible alternative. (x) Management of lawns and gardens. (xi) Removal of dead vegetation, pruning for reasons of public safety, removal of invasive species. (xii) Application of any fertilizer, herbicide, pesticide, or insecticide shall be allowed only if their harmful effect on water quality is prevented by ensuring no over -application or misapplication occurs. (xiii) Maintenance of drainage capacity in the channel including tree and sediment removal. (xiv) New stormwater conveyances when the City Engineer determines that there is no practical and feasible alternative. (b) Zone 2: Management Zone. (i) New stormwater conveyances when the City Engineer determines that there is no practical and feasible alternative and provided the standards of the Streamside Best Management Practices Manual shall be followed. (ii) All uses within the waterside zone with the exception of stormwater conveyances, provided that compliance with the standards of the Streamside Best Management Practices Manual are not required but encouraged. (iii) Accessory structures without a foundation and no larger than 150 square feet, including storage sheds, playground equipment, gazebos, decks, etc. (iv) Active recreational uses. (2) Establishment of the following uses/activities after the effective date of this ordinance shall be prohibited in both streamside protection zones, except where necessary to allow an activity permitted by Section (E)(1). (a) Grading, dredging, dumping, filling, or similar construction activities. (b) Landfills, junkyards, salvage yards. (c) Clearing of non-invasive woody vegetation. (d) Storage of hazardous materials or chemicals unless within waterproof containers and within a structure. (e) Parking lots. (f) Buildings and accessory structures with a building footprint larger than 150 square feet. (g) Parking or storage of motor vehicles. (h) Septic systems and/or lateral lines. (i) In -ground pools. 0) Animal feedlots or kennels. (k) Housing, grazing or other maintenance of livestock. (1) Land application of biosolids. (F) Existing Land Use Exemptions. The following activities and structures are allowed to continue within the streamside protection zones, provided that the provisions of the Flood Damage Prevention Code and all other applicable regulations shall be enforced. (1) Existing Uses. Existing uses shall be permitted to continue in their present state, but may not be enlarged, extended, or moved within the streamside protection zones. A use or activity shall be existing if it is present and ongoing within the streamside protection zones as of the effective date of this ordinance or the effective date of annexation for areas outside the City Limits when Ordinance No. 5390 was adopted on March 1, 2011. Uses and activities cease to be existing under the following conditions: (a) Agricultural and Animal Husbandry Activities. The activities cease to be existing when the area on which they were conducted has been converted to a nonagricultural use or has lain idle for more than eighteen (18) consecutive months. (b) All Other Uses. This ordinance shall apply when an existing use is converted to another use. (2) Existing Principal Structures. (a) Reconstruction Within Existing Footprint. Existing principal structures as of the effective date of this ordinance may be redeveloped or reconstructed within the same footprint. (b) Minor Alterations. Minor alterations or additions to an existing structure, such as an awning or deck, shall also be permitted, provided the modifications do not extend more than 10 feet further toward the surface water than the original foundation of the principal structure, and do not extend into the waterside zone. (c) Berm to Prevent Flooding. If a principal structure has suffered flooding from a stream, the owner may construct a berm to protect the principal structure if approved by the City Engineer as to the berm's location, size and composition. Revegetation of the disturbed area and berm shall be in accordance with the Best Management Practices Manual. (3) Emergencies. Actions taken under emergency conditions, either to prevent imminent harm or danger to persons, or to protect property from imminent danger of fire, violent storms, or other hazards. (G) Development Application Procedures. (1) All persons required to submit an application pursuant to Chapter 166 of the City's Unified Development Code shall also show the location and type of surface water, the top of bank, Zone 1: Waterside Zone and Zone 2: Management Zone boundaries, and slope, when any portion of the property being developed falls within the streamside protection zones. The same shall also be identified for building, moving, demolition and grading permits. (2) An applicant may request that the city's Floodplain Administrator perform a site visit to view conditions on site with the applicant to assist in making a determination of top of bank location and widths of the waterside zone and management zone. (3) A final determination of any boundary shall be made by the City Engineer or designated representative, where there is question as to its location or width. (H) Streamside Protection Measures and Construction. (1) Prior to any land clearing or soil disturbing activity, the streamside protection zone boundaries shall be clearly delineated on site by the applicant, and such delineation shall be maintained throughout construction activities. (2) A site inspection followed by periodic inspections during construction will be conducted by the City Engineer or designated representative to ensure compliance with the streamside protection zone ordinance. (3) Streamside protection zones shall be protected from construction activity except where necessary to allow an activity permitted by Section (E)(1). To prevent impacts, construction vehicle access is prohibited in the streamside protection zones except at permitted crossings. Storage of construction vehicles, materials, debris, spoils or equipment is prohibited in the streamside protection zones. Before commencing any construction activity, the applicant shall install silt fencing on the site at the outer edge of the management zone or as directed by the City Engineer. The City Engineer may require other protective measures based upon the individual characteristics of the site and the proposed construction methods. If the required barriers surrounding the streamside protection zones are not adequately maintained during construction, the City Engineer shall prescribe remedial measures, and may issue a stop work order in accordance with §153.07. All remedial measures shall be completed within the specified amount of time and shall be considered prior to granting final plat approval or issuing a certificate of occupancy. Exhibit F Repeal and Replace § 169.03 —Permits Required/Exceptions with the following: 169.03 — Review and/or Permits Required; Exceptions (A) Grading Review Required. (Reference §166.02(E)) (1) When located within the Hillside/Hilltop Overlay District boundaries. 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 (2) Construction of greater than 1,200 square feet of impervious area on a single site; (B) Grading 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) Construction of new impervious area greater than 10,000 SF (3) A grading permit pursuant to this chapter; and (4) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law. (C) Exceptions to Permit Requirements. Grading permits are not required for the following however the Minimum Erosion Control Requirements in §169.04 still apply: (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) Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require the use of heavy construction equipment, French Drains, yard grading, maintenance, farming, gardens, and similar activities. (D) Grading Permit Application and Approval. No grading permit shall be issued until the Grading and Erosion & Sediment Control Plan, endorsed by an architect, 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. (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. Repeal and Replace § 169.04 Minimum Erosion Control Requirements with the following: 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. (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. Grading activities will meet the Streamside Protection Requirements found in Section 168.12 - Streamside Protection Zones. Fording of streams with construction equipment or other activities which destabilize stream banks shall not be permitted. In instances where streams are not protected under 168.12, 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. Repeal and Replace § 169.06(F)(2) Phased Construction in § 169.06 Land Alteration Requirements with the following: (2) Phased Construction. The area of disturbance onsite at any one time shall be limited to 10 acres. An additional 10 acres (a maximum of 20 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. Repeal and Replace § 169.07 — Grading Plan Specifications with the following: 169.07 - Grading Plan Specifications (A) Grading Plan. The applicant shall prepare a grading plan for all developments of greater than 6,001 square feet of impervious area as follows: (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 all impervious areas, including but not limited to buildings, streets and parking lots, shall be indicated as well as parks, playgrounds or green space. Any existing or proposed building within 100 feet of the site boundary shall be indicated. (9) Natural Features. Location of natural features such as drainage ways, ponds, rock outcroppings, wetlands 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, temporary disturbed area and permanent impervious 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. (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. Exhibit G Enact New 4 169.14 — Stormwater Discharges from Construction Activities as follows: 169.14 - Stormwater Discharges from Construction Activities (A) Purpose. The purpose of this section is to provide for the reduction of pollutants to the City's MS4 as required by its National Pollutant Discharge Elimination System (NPDES) permit. (B) General Requirements for Construction Sites. (1) Construction Site. A construction site is a site with activity that would result in the creation of a new stormwater management system, including the building, assembling, expansion, modification, or alteration of the existing contours of the property; the erection of buildings or other structures, any part thereof; or land clearing. (2) Owner Responsibility. The owner of a site of construction activity shall be responsible for compliance with the requirements of this chapter. (3) Erosion and Sediment Control. Best Management Practices (BMPs) shall be implemented to prevent the release of airborne dust and waterborne sediment from construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed, and construction site entrances/exits shall be managed to prevent sediment tracking. Streets and storm inlets must be kept clean at all times and free of loose rock, mud, debris and trash. Specific inlet protection measures may be necessary, as long as they do not interfere with vehicular traffic. Mud on streets must be physically removed and not washed into inlets. (4)Debris, Mud, and Soil in Public Streets. All necessary modifications to stormwater best management practices should be immediately implemented in order to prevent further track -out. 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. (a)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. (b)Use of a power broom or mechanical sweeper on a regular basis is not allowed as an acceptable BMP for keeping Debris, Mud and Soil off Public Streets unless equipped with water and vacuum capabilities. (5) Construction Sites Requiring Storm Water Pollution Prevention Plans. Erosion and sediment control systems must be installed and maintained per a state approved Storm Water Pollution Prevention Plan (SWPPP) before the beginning of construction and until slope stabilization and/or vegetation is established. For sites between 1 and 5 acres, the SWPPP and Notice of Coverage (NOC) must be onsite at all times. For sites over 5 acres, the SWPPP and NOC must be onsite at all times. The site owner bears responsibility in accordance with the Arkansas Department of Environmental Quality standards and general permit. (6) Construction Exits. A stabilized rock exit is required on construction sites. If track out becomes an issue, the City may also require tire wash down areas or other measures to prevent track out. (7) Concrete Truck Wash Areas. No washing of concrete trucks or chutes is allowed except in properly located and constructed concrete wash pits. Proper runoff and erosion controls must be in place to retain all concrete wash water. (8) Dewatering. All rainwater pumped out of sumps and depressions on construction sites should be clear and free of sediment. BMPs such as dewatering bags and dewatering into vegetated areas shall be utilized at all times. (9) Storage of Materials. Public streets and sidewalks shall not be used for temporary storage of any containers or construction materials, especially loose gravel and topsoil. In addition to on -street storage being a violation of this chapter, all liability for any accidents and/or damages due to such storage will be the responsibility of the owner of the stored materials. (10) Dirt and Topsoil Storage. All storage piles of soil, dirt or other building materials (e.g. sand) shall be located more than 25 feet from a roadway, drainage channel or stream (from top of bank), wetland, and stormwater facility. Topsoil piles surfaces must be immediately stabilized with appropriate stabilization measures. (11) Franchise and Private Utilities. The property owner or main contractor onsite will be responsible for restoring all erosion and sediment control systems and public infrastructure damaged or disturbed by underground private or franchise utility construction such as water and sewer service leads, telephone, gas, cable, etc. Erosion and sediment control systems must be immediately restored after each utility construction. (12) The landscape of erosion control features shall be maintained until completion of construction. Exhibit H Repeal and Replace Chapter 170 -Stormwater Management, Drainage and Erosion Control with the following: CHAPTER 170 — STORMWATER MANAGEMENT AND DRAINAGE 170.01 - Intent (A) Intent. It is the intent of this chapter to protect, maintain, and enhance the health, safety, and general welfare of the citizens of the City of Fayetteville by: (1) Preventing increases in the magnitude and frequency of stormwater runoff to prevent increases in flood flows and associated hazards and costs. (2) Controlling soil erosion and sedimentation to minimize soil deposition in streams and other receiving water bodies and storm drainage systems. (3) Requiring surface and stormwater management practices that comply with requirements of this chapter. (4) Promoting the development of stormwater facilities that are aesthetically desirable. (B) Findings of Fact. The City Council finds that uncontrolled stormwater runoff from developed land adversely affects the public health, safety, and welfare because: (1) Impervious Surfaces/Runoff. Impervious surfaces increase the quantity and velocity of surface runoff, which reduces percolation of water through soil and increases erosion and flooding. (2) Collection and Conveyance of Stormwater. Improper stormwater collection and conveyance adversely affects property and increases the incidence and severity of flooding, which can endanger property and human life. (3) Erosion. Increased erosion leads to sedimentation in stormwater management systems, which decreases the system's capacity (4) Future Problems. Many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices. (5) Limited Jurisdiction. As a non-traditional, or regulated. MS4, the University of Arkansas' Fayetteville campus is permitted by ADEQ to administer its own stormwater management program upstream and physically inter connected to the City's MS4. 170.02 - Adoption of Drainage Criteria Manual (A) The City Council herby adopts by reference the Drainage Control Manual with the exception that its Chapter 1. Minimum Stormwater Standards and Submittal Requirements, Section 1.1 General list of "Exceptions when no drainage permit is required are as follows:" which are all deleted and replaced with a reference to §170.03 (C) and (E). (B) The Drainage Control Manual maybe amended from time to time by the City Engineer who shall promptly inform the City Council of the amendments. All technical procedures and design standards contained in the Drainage Control Manual shall have the same force and effect as if printed word for word in this chapter except that no provision may directly conflict with the chapter's code sections. 170.03 - Permits Required (A) Applicability. This chapter shall apply to all land within the corporate limits of the City of Fayetteville. No person may subdivide and develop, change to a more intensive land use, construct or reconstruct a structure, or change the size of a structure, or conduct grading, clearing, or filling activities without first obtaining a stormwater management, drainage and erosion control permit (hereinafter referred to as a "drainage permit") from the city, except as specified in §170.03 (C) and §170.03 (E) below. (B) Permit Application. Any application for a drainage permit shall be submitted to the City Engineer using appropriate forms as provided by the city for review, processing, and approval. The drainage permit application shall be submitted as part of the application for a grading permit, if such grading permit is required by §169.03. A permit application shall contain sufficient information and plans to allow the City Engineer to determine whether the project complies with the requirements of this chapter. The specific items to be submitted for a permit application shall be in the form and follow the procedures as described in the Drainage Criteria Manual, Section 1.4, Drainage Report Template and Checklist. The City Engineer shall make the final determination regarding detention. (1) Fee. A nonrefundable permit application fee shall be paid when the application is submitted to help cover the cost of the plan review; administration and management of the permitting process and inspection of project implementation and operation (separate from the Physical Alteration of Land fee). (2) Issuance. If the City Engineer determines that the permit application submittal is in compliance with all provisions of this chapter, a permit may be issued. If the City Engineer determines that the permit submittal does not conform with all provisions of this chapter, permit issuance may be denied and a written statement as to the reasons for the denial shall be provided to the applicant. (C) Project not Requiring Detention. Any project that requires a drainage permit that does not require detention must submit documentation to this effect to the City Engineer. After review and approval of the City Engineer, a grading permit may be issued prior to issuance of the drainage permit. (D) Any grading permit and/or drainage permit issued shall be subject to the following: (1) Insufficient or Incomplete Drainage Permit Application. If the drainage permit application, including the required calculations, is determined by the City Engineer to be insufficient or incomplete, it shall be revised and resubmitted by the applicant within four (4) weeks of receipt of written notice of insufficiency or incompleteness. (2) Deadline for the Revised Application or Insufficient or Incomplete Revisions. If a revised application is not submitted within four (4) weeks of receipt by applicant of the written notice of insufficiency or incompleteness a stop work order for all grading on the project shall be issued by the City Engineer. A stop work order for all grading on the project shall be issued by the City Engineer if the revised application is determined by the City Engineer to be still insufficient or incomplete. However, the City Engineer may delay issuance of the stop work order if the City Engineer determines that the applicant has demonstrated prior to the deadline that circumstances not reasonably foreseeable and beyond the applicant's reasonable control prevented his timely resubmission of a sufficient and complete revised drainage permit application. (3) Stabilization and Revegetation After Stop Work Order. If a stop work order is issued pursuant to §170.03 (C) (2), the applicant shall stabilize and revegetate all graded and otherwise disturbed areas as set forth in the Drainage Criteria Manual. (4) Termination of Stop Work Order. Any stop work order issued pursuant to §170.03(C)(2) shall expire upon the issuance of a drainage permit and compliance with any conditions contained in the drainage permit. (E) Exceptions Where No Drainage Permit is Required. Drainage Permits are not required for the following activities unless the Project is otherwise covered under the U.D.C. or occurs upstream of a known public flooding problem which is when the City knows that serious flooding involving repeated flood damage to residences, buildings or infrastructure in an area has occurred and will likely recur without remedial measures: (1) New developments, redevelopments or additions that create less or equal to 10,000 square feet of new impervious area. See Section 170.09 for building permit submittal requirements. (2) Lots that are part of a Larger Development. One (1) project built on an individual lot that is part of a larger development that has received an approved drainage control permit when the proposed project is in compliance with this overall subdivision drainage control permit. The Engineering Division may require development projects upstream of a known public flooding problem to also follow current best practices and current drainage regulations and also participate with the City in cost -share projects to reduce the known public flooding problem. (3) Existing Non-residential. Existing nonresidential structure where the additional impervious area is less than 10,000 square feet. See Section 170.09 for building permit submittal requirements. (4) Maintenance. Maintenance or clearing activity that does not change or affect the quality, rate, volume, or location of stormwater flows on the site, or runoff from the site. (5) Agriculture. Bona fide agricultural pursuits, for which a soil conservation plan has been approved by the local Soil and Water Conservation District. (6) Emergency. Action taken under emergency conditions, either to prevent imminent harm or danger to persons, or to protect property from imminent danger of fire, violent storms, or other hazards when determined to be necessary by the City Engineer. (F) Compliance with Chapter Provisions. Although a specific permit is not required for these particular circumstances, this exception does not exempt the owner/developer/builder from complying with the provisions of Chapter 169. Physical Alteration of Land. 170.04 — Off -Site Stormwater Management Improvements (A) Off -Site Improvements. If it is determined that offsite drainage improvements are required, and that such specific off - site drainage improvements are consistent with the city's current and established priorities, then cost sharing will be in accordance with "Required Off -site Improvements." If the city is unable, or unwilling, to contribute its share of the off -site costs, the developer shall have the option of: (1) Developer's Expense. Building the off -site improvements at their own expense; (2) Detention. Providing detention so as to match downstream capacities; or (3) Delay Project. Delaying the project until the city is able. or willing, to share in the off -site costs. 170.05 - Performance Criteria (A) Drainage Criteria Manual. The technical procedures and design standards contained in the Drainage Criteria Manual, adopted by §170.02 of this chapter and as may be amended from time to time by the City Engineer, shall be used to determine compliance with the performance criteria established by this chapter. (B) Performance Criteria. Except as otherwise provided in this chapter, a development must be designed, constructed, operated, and maintained to comply with the following stormwater sizing performance criteria. Each minimum standard is intended to be used in conjunction with the others to address the overall stormwater impacts from a development site. Supporting technical detail can be found in the Section 2.1 of the Drainage Criteria Manual (DCM): (1) Minimum Standard #1 - Water Quality. Reduce the average annual post -development total suspended solids (TSS) loadings from increased impervious areas either by TSS Reduction Method or the Runoff Reduction Method (RRM). (2) Minimum Standard #2 - Channel Protection. Provide extended detention to reduce flows and protect downstream channels from erosive velocities and unstable conditions. Post -development flows shall not exceed the predevelopment flows. (3) Minimum Standard #3 - Overbank Flood Protection. Provide peak discharge control of the storm events noted in the DCM such that the post -development peak rate does not exceed the predevelopment rate. (4) Minimum Standard #4 — Extreme Flood Protection. Provide peak discharge control such that the post - development peak rate does not exceed the predevelopment rate. (5) Better Site Design and Green Stormwater Practices, as described in the Drainage Criteria Manual, to attenuate lesser storms and more closely mimic predevelopment hydrology are encouraged. (6) Direct Discharge. Direct discharge of a pipe into streams and/or floodways is not allowed. A stilling basin or other structure that will collect sediment, trash, etc. and that will reduce the likelihood of erosion in the receiving stream due to discharge from the pipe shall be installed at pipe discharges into streams and/or floodways. (7) Erosion and Channel Stability. All stormwater management systems shall be evaluated based on their ability to prevent erosion and sedimentation of the receiving waters and adverse impacts on the site's natural systems. The design engineer shall consider the on -site and downstream effects of the peak discharges and shall design both the permanent and the construction phase of the stormwater management system in a manner that will not increase flooding, channel instability, or erosion downstream when considered in aggregate with other developed properties and downstream drainage capacities. 170.06 - Maintenance Responsibility (A) Dedication. Those stormwater management systems approved in compliance with this chapter that will function as a part of the stormwater management conveyance system shall be dedicated to the city. All areas and/or structures to be dedicated to the city must be accompanied by a drainage easement, dedicated by plat or separate instrument and accepted by the City Engineer. (B) Maintain Stormwater Systems and Structures. The owner of the property on which stormwater systems and structures have been installed shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices. (C) Right -of -Entry for Inspection. The owner shall provide for the City Engineer or designee to enter the property at reasonable times and in a reasonable manner for the purpose of inspecting stormwater systems and structures. (D) Failure to Maintain. If a responsible person fails or refuses to meet the maintenance requirements the city may give written notice requesting corrective action. If the conditions described in the failure to maintain notice are not corrected within ten (10) days after such notice is given, the Mayor, or his duly authorized representative, is hereby authorized to enter upon the property and do whatever is necessary to correct or remove the conditions described, in the notice. The costs of correcting said conditions shall be charged to the owner or owners of the property and the city shall have a lien against such property for such costs. (1) Enforcement of the Lien. The lien herein provided for may be enforced and collected in either one of the following manners: (a) The lien may be enforced at any time within eighteen (18) months after work has been done, by an action in circuit court: or (b) The amount of the lien herein provided may be determined at a hearing before the City Council held after thirty (30) days written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owner or owners be known, and if the name of the owner or owners cannot be determined, then only after publication of notice of such hearing in a newspaper having a bona fide circulation in Washington County for one insertion per week for four consecutive weeks; the determination of the City Council shall be subject to appeal by the property owner in circuit court; and the amount so determined at said hearing, plus 10% penalty for collection, shall be by the City Council certified to the tax collector of the county, and by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less 3% thereof, when so collected shall be paid to the city by the county tax collector. (c) In case the owner of any lot or other real property is unknown or his whereabouts is not known or he is a nonresident of this state, then a copy of the written notice hereinabove referred to shall be posted upon the premises and before any action to enforce such lien shall be had, the City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts or non -residence, and thereupon service of the publication as now provided for by law against nonresident defendants may be had, and an attorney ad litem may be appointed to notify the defendant by registered letter addressed to his last known place of residence if same can be found. (E) Removal and modification of Stormwater Systems and Structures. Stormwater systems and structures may only be modified or removed with the approval of the City Engineer, who shall determine whether the stormwater system or structure does not function as a part of the stormwater management system. The applicant may be required to provide supporting data and calculations that justify the removal of the stormwater systems or structures. 170.07 - Preliminary Plat, Lot Requirements (A) Preliminary Plats. Preliminary Plats shall include a master drainage plan for each lot related to the proposed infrastructure and adjacent lots. (B) Preliminary Plats for Residential Subdivisions. Preliminary Plats for residential subdivisions shall provide drainage information meeting the Arkansas Fire Prevention Code for building safety regulations for positive drainage of each lot. (1) 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. (2) 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. (C) Rear Lot Drainage Easements. Rear lot drainage easements for nonstructural grassed swales shall not overlap utility easements with above ground structures.. i.e., electric transformers, gas meters, communication junctions, etc. (D) Final Plat. The final plat shall include the approved master drainage plan to be filed as a supplemental document. The scale shall be legible and approved by the City Engineer. 170.08 - Private Drainage Systems (A) Private Drainage Systems. (1) Private Drainage System Maintenance. A private drainage system includes groundwater, drainage pipes or channels, and any flowing or standing water not within a right-of-way or drainage easement. The owner of any private drainage system shall maintain the system to prevent or reduce the discharge of pollutants. This maintenance shall include. but is not limited to. sediment removal, bank erosion repairs, maintenance of vegetative cover, and removal of debris from pipes and structures. (2) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainage system is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site. (3) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall clean the pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this Code. Material shall not be swept or washed into the storm drainage system. This section does not apply to pollutants discharged from construction activities. (4) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor. uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery and equipment must be maintained to reduce leaking fluids. (5) Materials Storage. In addition to other requirements of this Code, materials shall be stored to prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of hazardous substances is prohibited. (6) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided. (7) Open Drainage Channel Maintenance. Every person owning or occupying property through which an open drainage channel passes shall prevent trash, debris, excessive vegetation, and other obstacles from their property from entering the drainage channel or obstructing flow. (B) Authorization to Adopt and Impose Best Management Practices. The city may adopt and impose a Drainage Criteria Manual and requirements identifying Best Management Practices for any private activity, operation, or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are required, every person undertaking such activity or operation, or owning or operating such facility shall implement and maintain these BMPs at their own expense. 170.09 — Illicit Discharge Detection and Elimination (A) Purpose. (1) The purpose of this section is to provide for the health, safety, and general welfare of the citizens of Fayetteville through the regulation of non -storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. (2) It establishes methods for controlling the introduction of pollutants into its municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. (3) The University of Arkansas, Fayetteville campus is a separate small MS4 NPDES permit holder and responsible for Illicit Discharge Detection and Elimination (IDDE) within its service area. (B) Prohibition of Illegal Discharges and Illicit Connections. (1) Illegal discharges are prohibited. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. Common stormwater contaminants include trash, yard waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste and sediment. (2) Illicit connections are prohibited. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) No person shall connect a line conveying sanitary sewage, domestic sewage or industrial waste, to the storm drainage system, or allow such a connection to continue. (C) Exemptions. The following non-stormwater discharges are acceptable and not a violation of this chapter provided that ADEQ has not determined and notified the City in writing that these sources are substantial contributors of pollutants: 1) uncontaminated waterline flushing; 2) landscape irrigation; 3) rising ground waters; 4) uncontaminated ground water infiltration (infiltration is defined as water other than wastewater that enters a sewer system, including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from. inflow.); 5) uncontaminated pumped ground water; 6) discharges from potable water sources; 7) uncontaminated foundation drains; 8) uncontaminated air conditioning condensate; 9) irrigation water; 10) springs: 11) water from crawl space pumps; 12) uncontaminated footing drains; 13) lawn watering; 14) individual residential car washing, 15) flows from riparian habitats and wetlands: 16) dechlorinated swimming pool discharges: 17) uncontaminated street wash water; 18) discharges or flows from emergency firefighting activities; and 19) unless otherwise permitted or regulated by ADEQ, discharges of gray water from municipal splash pads (also known as spray ponds or spray grounds), as defined in Part 6.35 of this permit, provided the discharges comply with all applicable municipal or county ordinances enacted or pursuant to law. Discharges from recirculating systems shall be de -chlorinated prior to discharge. (D) Release Reporting and Cleanup. Any person responsible for a release of materials which are or may result in illicit discharges to the storm drainage system shall take all necessary steps to ensure the discovery, containment, abatement and cleanup of such release. In the event of such a release of a hazardous material, said person shall comply with all state, federal, and local laws requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release. Failure to address an illicit discharge will result in enforcement action per Chapter 153. 170.10-170.99 - Reserved City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0392 Agenda Date: 6/15/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 AMEND STORMWATER REGULATIONS: AN ORDINANCE TO AMEND VARIOUS CHAPTERS OF THE UNIFIED DEVELOPMENT CODE TO UPDATE STORMWATER REGULATIONS FOR DEVELOPMENTS IN FAYETTEVILLE WHEREAS, the Fayetteville Unified Development Code currently requires certain stormwater improvements for developments based on the type of use and number of units being proposed; and WHEREAS, in recent years more developments being constructed have been exempt from any stormwater requirements, which is having a large impact on the properties neighboring these developments as well as the overall drainage system; and WHEREAS, during the discussions regarding the need for a more comprehensive stormwater program, the public commented frequently that these exempt developments should be required to mitigate their stormwater impacts on surrounding properties; and WHEREAS, on April 12, 2021, these revisions were presented to the Planning Commission which voted 8-0 to forward them to City Council with a recommendation of approval. 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 § 150.04 Jurisdiction by adding a sentence at the end of the section as follows: "The City's planning jurisdiction does not extend to properties held by Federal, State, or County entities." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01 Definitions by repealing certain definitions entirely, repealing and replacing certain definitions, and enacting new definitions as shown in Exhibit A attached hereto. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 153.02 Right of Entry and Inspection by enacting new subsections (D) and (E) as follows: City of Fayetteville, Arkansas Page 1 Printed on 611612021 File Number: 2021-0392 "(D) Zoning and Development. For properties on which an active zoning or development application is made, development review staff, and elected and appointed officials shall have the right of entry and inspection. (E) Post Construction Stormwater Management and Drainage. In applying for a grading and drainage permit, the applicant shall be deemed to have consented to the verification of "as built" stormwater features as well as routine inspection of features within the public right-of-way or with drainage easements." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 153.07 Stop Work Order by enacting new subsections (D) and (E) as follows: "(D) Noncompliance/Grading and Drainage Plan. The City Engineer may issue a stop work order directing the parties involved to cease and desist all work which does not comply with its grading and drainage plan. (E) Noncompliance/Repeat Offenders. The City Engineer may issue an immediate stop work order directing the parties involved to cease and desist all work onsite for parties which have been cited previously. " Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C)(1)(a) of § 155.06 Appeals from Staff Interpretations/Actions and enacts a replacement subsection (C)(1)(a) as follows: "An owner or developer who is aggrieved by the requirements of the Unified Development Code for land, right-of-way or easement dedications, construction of on -site or off -site improvements, or payments in lieu of any dedication or improvement, which are in excess of the "rough proportionality" of the impact of the development upon the city's infrastructure or services may appeal such requirement to the Planning Commission as a part of the submission of the preliminary plat, large scale development, subdivision, building permit, lot split, grading permit, floodplain development permit, or otherwise within 10 days of notification of such development requirements. The appeal must be presented to the Planning Division in writing and state the grounds, or reasons for the appeal" Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A) of § 158.02 Excavation in Public Rights -of -Way; Cash or Surety Bond Required and enacts a replacement § 158.02 as follows: "(A) Bond. No person shall make any excavation of a street or public right-of-way unless a bond is first issued to the city for the purpose of guaranteeing repair and replacement of said street or public right-of-way. Said bond shall be in an amount equivalent to the estimated cost of properly repairing and replacing said street or public right-of-way, as determined by the City Engineer. To satisfy this requirement, the person or contractor may provide a cash bond, surety bond, or irrevocable letter of credit. Permanent bonds or letters of credit held by the city under the terms of an existing franchise agreement shall be considered sufficient to fulfill the surety requirements for any person or contractor acting as an agent for the franchise holder. The franchise holder shall submit a letter or other document verifying that the person or contractor is the franchisee's agent and is covered by the franchise holder's standing bond or letter of credit." Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 159.01 Fees/Schedule and enacts a replacement § 159.01 as shown in Exhibit B attached hereto. City of Fayetteville, Arkansas Page 2 Printed on 611612021 File Number: 2021-0392 Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following sections and subsections of Chapter 166 Development as shown in Exhibit C attached hereto: § 166.01 Development Categories; § 166.02(D)(1) Property Line Adjustment, Lot Split, Final Plat, Concurrent Plat; § 166.02(E) Building Permits; § 166.02(F) Completion of Development/Certificate of Occupancy; § 166.03 Plat Requirements; § 166.04(B) Minimum Improvements by Application Type; § 166.15(A) Application; and § 166.20(A) Applicability. Section 9: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following subsections of § 167.04 Tree Preservation and Protection During Development as shown in Exhibit D attached hereto: § 167.04(A)(11) Building Permits; § 167.04(A)(12) Exemptions; and § 167.04(H)(3) Abbreviated Tree Preservation Plan. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following sections of Chapter 168 Flood Damage Prevention Code as shown in Exhibit E attached hereto: § 168.01(A) regarding the purpose of the chapter; § 168.02 Definitions; § 168.05 Administration; § 168.06 Establishment of Development Permit; § 168.07 Permit Procedures; § 168.10 Provisions for Flood Hazard Reduction; § 168.11 Risk Zone Specific Standards; and § 168.12 Streamside Protection Zones. Section 11: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following sections and subsections of Chapter 169 Physical Alteration of Land as shown in Exhibit F attached hereto: § 169.03 Permits Required/Exceptions; § 169.04 Minimum Erosion Control Requirements; § 169.06(F)(2) Phased Construction; and § 169.07 Grading Plan Specifications. Section 12: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 169.14 Stormwater Discharges from Construction Activities as shown in Exhibit G attached hereto. Section 13: That the City Council of the City of Fayetteville, Arkansas hereby repeals Chapter 170 Stormwater Management, Drainage and Erosion Control and enacts a replacement Chapter 170 Stormwater Management and Drainage as shown in Exhibit H attached hereto. City of Fayetteville, Arkansas Page 3 Printed on 611612021 City of Fayetteville Staff Review Form 2021-0392 Legistar File ID 6/1/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 5/12/2021 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of revisions to the Unified Development Code to address stormwater and floodplain requirements associated with certain developments. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 1, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Jonathan Curth, Development Services Director FROM: Alan Pugh, Staff Engineer CITY COUNCIL MEMO DATE: May 12, 2021 SUBJECT: Approval of revisions to the Unified Development Code to address stormwater and floodplain requirements associated with certain developments. RECOMMENDATION: Staff recommends approval of revisions to the Unified Development Code to address stormwater requirements associated with certain developments BACKGROUND: The Fayetteville Unified Development Code currently requires certain stormwater improvements for developments based on the type of use and number of units being proposed. Residential Single Family and Duplex are exempt from stormwater requirements if the proposed development does not exceed the maximum number of units. During the last few years, more and more developments being constructed are exempt from any stormwater requirements which is having a large impact on the properties neighboring these developments as well as the overall drainage system. This development pattern may be somewhat driven by the fact that they are exempt from stormwater and tree preservation requirements and more intensive development requires a much more involved approval process. DISCUSSION: During the discussions regarding the need for a more comprehensive stormwater program, the public commented frequently that these types of developments should be required to mitigate their stormwater impacts on surrounding properties. Based on these public meetings, the City Council approved an amendment to the contract with CH2M Hill to investigate code revisions to address these issues. As noted previously, there is a distinct division in the code and developments are either exempt or are required to abide by the full drainage criteria manual and tree preservation requirements. Early in the process, staff organized a stakeholder meeting with many developers and home builders to discuss the challenges associated with stormwater and how potential changes may Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 impact their business. While attempting to be sensitive to current development patterns, it is the clear division by use in the current requirements on which the proposed code changes will focus while trying to make the requirements based on impact rather than use. The proposed revisions will also focus on softening the line between being required to abide by the entirety of the stormwater and tree preservation regulations or being exempt solely based on the use being proposed. Staff is also proposing to address development pressures within our floodplain areas by ensuring that these developments do not negatively impact the neighboring properties. Based on the initial information gathered as described above, staff worked with CH21VI Hill to develop a framework that responds to a projects impact on stormwater and not solely on land usage. This framework was subsequently presented to both the Long Range Planning Committee and a technical advisory committee made of up several local development firms on multiple occasions. The technical advisory committee ran mock scenarios with the proposed framework to determine how it would impact various projects they have completed or are in the process of completing. Based on the feedback from these meetings the framework has been revised and incorporated into the attached UDC revisions. This framework develops a progressive means by which the impact of the development is mitigated depending on the amount of proposed impervious area. As you are aware, the proposed amount of impervious area has a direct impact on the amount of runoff and its subsequent impact to the drainage system. As shown, the requirements are proposed to increase as the amount of impervious area increases. The changes impact developments which would propose less than 10,000 SF and are located on a parcel less than one acre and area based on the chart included below. Development above 10,000 SF of impervious area and/or on parcels one acre or greater would continue to follow the current development approval process. Table 1. Proposed Development Thresholds Development City-wide Grading and Drainage / Stormwater Water Quality, Flood, and Tree Mitigation Threshold Standard Documentation Measures <or= • Exempt from Grading and Drainage Level 1 1,200 sf provisions except for those still associated of IA with the Building Permit process such as HHOD. • Completed Green Stormwater Practice (GSP) Worksheet, demonstrating Runoff 1,201 - Reduction via Better Site Design. Level 2 6,000 sf of IA • GSP Operation & Maintenance (O & M) Agreement to ensure the long-term functionality of these practices. • Same as Level 2. 6,001— Level 3 10,000 sf of IA • Exempt • 2 or more measures from Step 1 of Table 2 that Reduce Runoff via Better Site Design • 1 or more Green Stormwater Practice (GSP) measures from Step 2 of Table 2 as required to treat 100% of the developed portion of the site • Same as Level 2 • As needed GSP measures from Step 3 to further reduce runoff 0 Abbreviated Tree Preservation Plan Staff has developed a preliminary GSP worksheet wherein the applicant can provide some general information regarding the site and then select the appropriate GSP depending on their site. This was done in order to simplify application as the applicant would not be required to hire a professional to design the GSP as well as simplify the review process. Given that, it is currently proposed that these developments be reviewed through the building permit process by adding a review for both urban forestry and engineering. This of course assumes that all other entitlements such as zoning have been addressed. To further explain Table 1, please see table 2 below with explanations of the requirement for each level. Levels 2 and 3 are required to select two of these measures to implement while designing the site: Table 2. Water Quality, Flood, and Tree Mitigation Measures by Step Mitigation Steps Mitigation Measures Step 1 Reduce Runoff via Better Site Design. Conservation of Natural Features and Resources (if they exist on the property): • Preserve Riparian Buffers (i.e. no variances). • Avoid Developing in Floodplains and on Steep Slopes (greater than 15%) Tree Preservation: • Preserve Natural Areas with at least one significant tree. The removal, relocation, destruction or abuse in any manner of a significant tree(s) to be preserved is prohibited. • Protection of Street Trees. The removal, relocation, destruction or abuse in any manner of a street tree(s) to be preserved is prohibited. Lower Impact Site Design Techniques: • Reduce Limits of Clearing and Grading to preserve at least 10% of the open space of the site Reduction of Impervious Cover: • Use multi -story buildings to reduce building footprints • Create Parking Lot Stormwater `Islands' • Use pervious surfaces for parking, sidewalks and trails, where feasible. Utilization of Natural Features for Stormwater Management: • Use soil restoration practices to improve native soils and reduce over compaction • Use native plants and naturalistic landscapes (yards that do not have to be mowed and are planted with perennials, etc) and rain gardens. Levels 2 and 3 are required to select at least one of these measures sized appropriately by the GSP worksheet that will be provided by the City: Step 2 Reduce Runoff via Green Stormwater Practices (GSPs) GSP-02 Urban Bioretention GSP-03 Permeable Pavement GSP-04 Infiltration Trench GSP-12 Green Roof Level 3 is required to include this measure: Step 3 Capture and Treat Remaining Runoff via Green Stormwater Practices (GSPs) GSP-06 Extended Detention In addition to these revisions staff is recommending a revision to Chapter 168, Flood Damage Protection to further protect the citizens of Fayetteville as well as our streams and waterbodies. Currently, the code allows for the filling of floodplain areas up to the floodway. This mimics FEMA's requirements and causes increases in floodplain elevations (up to one foot in height) as well as velocities (unregulated). With the proposed revisions, individuals desiring to fill in floodplains on their property would need to demonstrate that the proposed fill does not negatively impact properties upstream or downstream by increasing floodplain elevations or velocities. They would also be required to create additional floodplain storage elsewhere on their property to offset any proposed filling of floodplains so that there would not be a net decrease in floodplain storage due to their development. On April 12, 2021, these revisions were presented to the Planning Commission which voted 8-0 to forward them to City Council with recommendations of approval with no public comment. The original stakeholders were notified of the meeting and invited to attend via email. BUDGET/STAFF IMPACT: If approved, additional staff time would be required in order to complete the grading review associated with the qualifying developments. This would be highly dependent on the number and timing of the developments that would fit within this category but would take place as a part of the building permit process. Attachments: Agenda Session Presentation Example small project with aerial Example large project with site plan Redlined code amendments 0 521523 W Meadow 4/5/2021, 9:45:33 AM 1:564 0.00475 0.0095 0.019 mi 0.0075 0.015 0.03 km The data conbined here,, was compiled from various sources fathe sole use and benefit of tie City of Fayetteville Geographic Information System and the pubic agencies it serves. Any use of the dab by anyone other than he City of Fayellevile is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this dab. The City of Fayetteville makes no express orimplied warrantees with reference to the data. No word, phrase, a clause found herein shall be construed to wave that tort immunity set forth under Arkansas law. Green Stormwater Practice (GSP) Worksheet Fill in only those areas highlighted in green How big is your site overall? Existing Site How much of the existing site is impervious (roof, driveway, concrete, etc...)? How much of the existing site is gravel? How much of the existing site is tree canopy? How much of the existing site is lawn area? Proposed Site How much of the proposed site is impervious (roof, driveway, concrete, etc...)? How much of the proposed site is gravel? How much of the proposed site is tree canopy? How much of the proposed site is lawn area? Primary GSP Developed area draining to primary GSP 4,500 Square Feet (SF) 0 SF 325 SF 4,175 SF 0 SF 4,500 Total SF (must match overall site SF) PASS 3,900 SF 0 SF 30 SF 570 SF 4,500 Total SF (must match overall site SF) PASS 3,900 SF New Gravel and Impervious 1 100% GSP Options Surface Area Required (SF) Bioretention 308 Permeable Pavement 462 Infiltration Trench 308 Green Roof 652 Secondary GSP Developed area draining to the secondary GSP? (when required) 0 SF New Gravel and Impervious I 0% GSP Options Surface Area Required (SF) [Green retention 0 rmeable Pavement 0 iltration Trench 0 Roof 0 100 100% of new gravel and impervious must be treatedl PASS Extended Detention Trapezoidal Shape, all others provide supporting volume calculations Bottom Length 0 FT Bottom Width 0 FT Side Slope (3:1 or flatter) 3 Z:1 *Ponding Depth 1 FT *Include ponding depth even when providing separate volume calculations Extended Detention Volume Required (CF) 1,100 Extended Detention Volume Provided (CF) 12 Required Oulet Orifice Diameter (in)** 2.76 NOT REQUIRED PASS `Round to nearest quarter inch Providing Separate Volume Calculations NO Volume provided must exceed volume required NOT REQUIRED To srosz m „LO,Lt.ZO S I3 � U V z � � --- --- ---- ----- j I + TREE PRESERVATION BUFFER I I SHARED PRIVATE DRIVE I I o ------ ------ ----------r u -- --- --� --- l i r i i 1 1 r - - -- - - --- - - - -- I as -a" ze•-a is'-o^ zs-o^ zaa• ze-a' 21-o zs-o zea ae•- . b Im-iii II ■I� :'� ii. ��I n 17 �� .ii I ■ II ■ II II ■ I I II • 342 'UNIT TYPE D UNITTYPED Li at MIMI ���� mliml ii �� L � ii ■ �a flintlock .�,..... 128 E Lefaye[la Fayett-ll„ AR 72701 .mw'ni 55u4W7 10, D.t. sues/Revisions NOTFOR CONSTRUCTION FLETCHER TOWNHOUSES A,ka .1 exec Eorer: SITE PLAN acme Aran 1. 2121 Ll.l Green Stormwater Practice (GSP) Worksheet Fill in only those areas highlighted in green How big is your site overall? Existing Site How much of the existing site is impervious (roof, driveway, concrete, etc...)? How much of the existing site is gravel? How much of the existing site is tree canopy? How much of the existing site is lawn area? Proposed Site How much of the proposed site is impervious (roof, driveway, concrete, etc...)? How much of the proposed site is gravel? How much of the proposed site is tree canopy? How much of the proposed site is lawn area? Primary GSP Developed area draining to primary GSP 40,541 Square Feet (SF) 10,292 SF 2,243 SF 12,320 SF 15,686 SF 40,541 Total SF (must match overall site SF) PASS 14,191 SF 5,678 SF 11,420 SF 9,252 SF 40,541 Total SF (must match overall site SF) PASS 7,334 SF New Gravel and Impervious SP Options Surface Area Required (SF) ioretention 361 ermeable Pavement 542 ifiltration Trench 361 reen Roof 765 Secondary GSP Developed area draining to the secondary GSP? (when required) 0 SF New Gravel and Impervious SP Options Surface Area Required (SF) ioretention 0 ermeable Pavement 0 ifiltration Trench 0 reen Roof 0 100% of new gravel and impervious must be treated 100% Extended Detention Trapezoidal Shape, all others provide supporting volume calculations Bottom Length 238 FT Bottom Width 8 FT Side Slope (3:1 or flatter) 4 Z:1 *Ponding Depth 1 FT *Include ponding depth even when providing separate volume calculations xtended Detention Volume Required (CF) 2,236 xtended Detention Volume Provided (CF) 2,909 equired Oulet Orifice Diameter (in) 11.00 REQUIRED PASS Providing Separate Volume Calculations NO Volume provided must exceed volume required PASS TITLE XV - UNIFIED DEVELOPMENT CODE CHAPTER 150: - GENERAL PROVISIONS 150.04 - Jurisdiction The city's planning jurisdiction is the area within the corporate boundaries as well as the area described in the planning area boundary description as filed with the City Clerk and Washington County Circuit Clerk's office. Such planning area boundary description may be modified from time to time in accordance with A.C.A. §14-56-413. The City's planning jurisdiction does not extend to properties held by Federal. State. or County entities. (Code 1965, App. C, Art. 1, §c; Ord. No. 1750, 7-6-70; Code 1991, §159.03; Ord. No. 3895, §1, 6-20-95; Code 1991, §163.04(A); Ord. No. 4100, §2 (Ex. A), 6-16-98). CHAPTER 151: - DEFINITIONS 151.01 - Definitions For the purpose of Title XV, Unified Development Code, the following definitions shall apply to the divider sections, chapters, sections or subsections, unless the context clearly indicates or requires a different meaning. 44 CFR, Emergency Management and Assistance - National Flood Insurance Program Regulations, Parts 59-75 (flood damage prevention) contain Federal regulations upon which local floodplain manaaements are based. 44 CFR S 65.12 (flood damage prevention) contains the section of the federal regulations which involves revision of flood insurance rate maps to reflect base flood elevations caused by proposed encroachments. l __ M.....d.. 1 /­1 ......> FI.....A /Fl.....J ...........a;. N :......., ri....­.:ate ,. o/ ..�,...,.,. ,.F ,,,..........,.... 13it1't"ftt'7:17.T.��!'�ITil�tl.'E1'IiI.T.T.7Li ... .. .. fIS1S1�ii17.T.1�Ifl7:Ei�LS'7�S6T.P}.T.S .. ORM A risk zones (flood damage prevention). -ife-sSpecial flood hazard areas without detailed studies, where base flood elevations have not been determined. Abbreviated tree preservation plan (Tree preservation and protectionj.) A shorter, less formal tree preservation plan required of applicants seeking building, grading, or parking lot permits, but who are not subject to the requirements for large scale developments or subdivisions. Accent lighting (outdoor lighting)_ ^,� Any directional lighting which emphasizes a particular object or draws attention to a particular area. Accessory community structures (manufactured homes and parks) (manufactured homes and parks opened or expanded after 4-20-72). A structure or a portion of a structure for commercial use that is March 2021 Final Redlined Draft Page 1 of 134 located in a manufactured home park and which is intended solely for the convenience of the residents or occupants of the manufactured home park. Accessory structures (manufactured homes and parks) (manufactured homes and parks opened or expanded, 4-20-72). Any structural addition to the manufactured home such as awnings, cabanas, carports, Florida rooms, porches, patio covers, and similar additions. Accessory use or structure. A use or structure on the same lot with, of a nature and size of 50% or less and customarily incidental and subordinate to, the principal use or structure. Act (wireless telecommunications facilities). The Communications Act of 1934, as it has been amended from time to time, including the Telecommunications Act of 1996, shall include any future amendments. Active open space (development). An area intended for rigorous activity such as tennis, baseball, badminton, and other games requiring physical exertion. ODUMonaiiooa carnage preVenUOni. -F--arynV unprovernem io an existing siFucwre wnicn increases me ��„ � Formatted: Font color: Auto habitable space. This can include but is not limited to lateral additions, storage space conversions and garage/carport conversions. ���� Formatted: Font color: Auto Formatted: Space Before: Auto, After: Auto ADEQ (physical a#ema#eRalteration of land, stormwater management and drainage). • feFen^^ 'The Arkansas Department of Environmental Quality which is the governing authority for the National Pollutant Formatted: Font: Not Italic, Font color: Auto Discharge Elimination SVstem program in the state of Arkansas. Formatted: Font: Not Italic Administrative determination (tree preservation and protection). Final action by the landscape administrator to either approve, conditionally approve or disapprove a tree preservation plan. Administrative determinations apply only to those projects which do not require Planning Commission approval. Adult arcade (zoning). Any place to which the public is permitted or invited wherein coin -operated or slug - operated or electronically, electrically, or mechanically controlled image producing devices are maintained to show images to five (5) or fewer viewers at one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical area." Adult bookstore or adult video store (zoning). A commercial establishment whose principal business purpose is to offer for sale or rental for any form of consideration any one (1) or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas." Adult cabaret (zoning). A nightclub, bar, restaurant, or similar commercial establishment which regularly features: (A) Persons who appear in a state of nudity; or (B) Live performances which are characterized by the exposing of "specified sexual activities" or "specified anatomical areas;" or (C) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction of "specified sexual activities" or "specified anatomical areas." Adult motion picture theater (zoning). A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown, March 2021 Final Redlined Draft Page 2 of 134 excluding those which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas." Adult theaters (zoning). A theater, concert hall, auditorium, or similar commercial establishment, which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas." Adverse impact (flood damage prevention). 4^�aAny negative or harmful effect. AE risk zones (flood damage prevention). ar�sSpecial flood hazard areas where detailed studies have determined base flood elevations. AH risk zones (flood damage prevention). -aFe-sSpecial flood hazard areas characterized by shallow flooding with ponding effects (where floodwaters accumulate in depressions and linger until absorbed or evaporated). Airport (Airport Zone). Fayetteville Airport (Drake Field). Airport elevation (Airport Zone). 1,251 feet above mean sea level. Alley (development). A minor public way dedicated to public use for utility easements and vehicle access to the back or the side of properties abutting a street. Alternative tower structure (wireless tele-communications facilities). Man-made trees, clock towers, bell steeples, light poles, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers and are built for the express purpose of serving as a tower or for locating antennas. Analysis report (tree preservation and protection). A report, which among other things, sets forth any alternative designs the applicant considered in arriving at the proposed design. Animal daycare (zoning). A facility that provides day or nighttime supervision for three (3) or more animals. Animals are kept inside the facility, except animals are permitted to be walked on a leash outside. Facilities that contain outdoor dog runs, play areas, or kennels are not considered an animal daycare. Antenna (wireless telecommunications facilities). Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes and omni-directional antennas, such as whips but not including satellite earth stations. AO risk zones (flood damage prevention). ire-sSpecial flood hazard areas characterized by shallow flooding with sheet flow (where floodwaters flow in a broad, shallow sheet rather than through a narrow channel. Appeal Board (flood damage prevention). nea^maA person or persons specifically designated to render decisions on variance applications and floodplain management complaints. Applicant (enforcement, appeals, tree preservation and protection). Any person, party, partnership, corporation or other business entity seeking the city's approval of a proposed tree preservation plan. Approach surface (Airport Zone). A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. In a plane the perimeter of the approach surface coincides with the perimeter of the approach. Approach, transitional, horizontal and conical zones (Airport Zone). Those zones as set forth in §165.01 Approval (physical alteration of land). A written authorization by the City Engineer. March 2021 Final Redlined Draft Page 3 of 134 Appurtenances (DDOD). Architectural features consisting of awnings, marquees, porches, stoops, balconies, turrets, cupolas, balconies, colonnades, and arcades. Arcade (DDOD). A colonnade composed of counterthrusting arches. Area sign (signs). A sign to identify a common area containing a group of structures, or a single structure on a minimum site of 5 acres, such as a residential subdivision, residential office, commercial or industrial subdivision, apartment complex, manufactured home park, or shopping center located at the entrance or entrances of the area, and consisting of fence or wall or archway with letters or symbols affixed thereto or other supporting structure as approved by the zoning and development administrator. Articulation (development). The architectural composition of combined treatment of elements and parts of the edges, corners, and surface of a building. Artist studio (zoning). Any building or place of business where Artists use the premises for the creation, sale and/or display of art or craft work. As graded (physical alteration of land). The surface condition on completion of grading. Aspect (landscape regulations). The angle of exposure from sunlight as it relates to the slope of the earth, primarily south and west in this region. Auto Salvage (zoning). The dismantling or wrecking of motor vehicles or trailers, or the storage, keeping, selling, buying, or dumping of any wrecked, scrapped, ruined, dismantled, disabled, or inoperable motor vehicle or motor vehicle part. Automatic.entry and exit of floodwaters (flood damage prevention). hatlhewWater must be able Formatted: Font: Italic to enter and exit with no intervening action from a person. Awning (DDOD). A flexible roof -like cover that extends out from an exterior wall and shields a window, doorway, sidewalk, or other space below from the elements. Balcony (DDOD). An open habitable portion of an upper floor extending beyond a building's exterior wall that is not supported from below by vertical columns or piers but is instead supported by either a cantilever or brackets. Baluster (DDOD). A short vertical member used to support a railing or coping. Balustrade (DDOD). A railing together with its supporting balusters or posts, often used at the front of a parapet. Banner (signs). Any sign printed or displayed upon cloth or other flexible material, with or without frames. Barrel roof (DDOD). Like a covered wagon, or inverted ship; barrel vault is an arch of uniform cross- section. Base density (tree preservation and protection). The number of trees an applicant must plant based upon the quality and number of the trees proposed to be removed per acre. Base flood (stormwater management, drainage and erosion control, flood damage prevention). The flood having a 1 % chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year storm event. The base flood is the national standard used by the National Flood Insurance Program (NFIP) and all Federal agencies for the purposes of requiring the purchase of flood insurance and regulating new development. Base flood elevation (flood damage prevention). • feFs *^ `*^ `The expected height of floodwaters during the peak of the base flood event. March 2021 Final Redlined Draft Page 4 of 134 Basement (flood damage prevention). 4saAnv enclosed area that is below grade on all #euF (4) wallssides. — Formatted: Font: Not Italic Beacon (signs.) A stationary or revolving light which flashes or projects illumination, single color or multi- colored, in any manner which is intended to attract or divert attention; except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Agency or similar agencies. Bed and breakfast facility (zoning). A permanently ewaer essupiedowner-occupied private home with a maximum of five (5) guest rooms furnishing temporary lodging and meals to overnight and event guests. BMP (physical a tio�+ ^^alteration of land, stormwater management and drainage). 4stThe acronym for Formatted: Table Normal1, Space Before: Auto, After: Best Management Practices which means schedules of activities, prohibitions of practices, maintenance Auto procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include green stormwater practices (GSPs), treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BFE (flood damage prevention). 4&4The acronym for base flood elevation. Block. A combination of building lots, the perimeter of which abuts streets. Board of Adjustment (Airport Zone). The Board of Adjustment established by Chapter 33. Bona fide agricultural purpose (tree preservation and protection). The aim or goal of facilitating the ongoing commercial pursuit of farming, dairying, pasturage, horticulture, viticulture, or the keeping or raising of livestock or poultry, not otherwise prohibited by city ordinance. Build -to line. A build -to line identifies the precise horizontal distance from a street right-of-way that the building shall be built to, in order to create a uniform line of buildings along the street. Build -to zone. A build -to zone is a range of allowable distances from a street right-of-way in which a building or structure shall be constructed in order to create a moderately uniform line of buildings along the street. Buildable area (zoning). The portion of a lot remaining after required yards have been reserved. Building frontage: The vertical side of a building which faces the primary space or street and is built to the build -to line. Building official (building regulations). A city building inspector. Building permit (manufactured homes and parks) (manufactured homes and parks opened or expanded after 4-20-72). A written permit issued by the enforcement officer permitting construction, erection, alternationalteration, remodeling, or repair of a manufactured home park. ' Formatted: Space Before: Auto, After: Auto Building permit (development). Authorization issued by the Building Safety Division to commence Formatted: Font: (Default) Arial, Italic building, electric, pas, mechanical, plumbing, ,Band other work in conformance with adopted codes A Written Dermot Buoyancy (flood damage prevention) is the upward force exerted by water. Buoyancy can cause underground tanks to float free and can lift structures off foundations. March 2021 Final Redlined Draft Page 5 of 134 Caliper (landscape regulations, parking and loading). A measurement of general tree size taken at a point located 6 inches above natural ground or root ball surface. above natural ground or oot hall ci-rfacp Canopied slopes (tree preservation and protection). Any land with a slope of 15% or greater containing trees, woody shrubs and herbaceous plants that serve the function of sustaining the structural integrity of the soil, thus reducing the likelihood of erosion, slide or slump. Canopy (tree preservation and protection). The combined crowns of all trees on a tract of land. Carport. An automobile shelter having one (1) or more sides open. Center for collecting recyclable materials (zoning). A facility that is not a salvage yard and in which recoverable resources, such as paper products, glass, aluminum, metal cans, and other products are processed for recycling. Processing may include the preparation of materials for efficient shipment by such means as baling, compacting, flattening, grinding, crushing and mechanical sorting. Certificates of Compliance (flood damage prevention). are#Formal documents issued by floodplain administrators certifying that completed projects comply with the requirements of the local Code. CFR (flood damage prevention). 4s-tThe acronym for the Code of Federal Regulations. The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into fifty (50) titles that represent broad areas subject to federal regulation. The Federal regulations pertaining to the national Flood Insurance Program are found in title 44, Emergency Management and Assistance. Chief Administrator (building regulations). The Mayor of the City of Fayetteville. Chief Appointing Authority (building regulations). The City Council. Chiefbuilding official (building regulations). Building Safety Division Director. Cistern (storrnwater). Roof water management devices that provide retention storage volume in above or YRdergrouRd storage taRks. They are typiGally used for water supply. Gistems are geRerally larger thaR raOR barrels, with some underground Gi6t9FR8 haVing the GapaGity Of 10,000 gallons. OR lot storage with FedWGinq ate Utility StS City (stormwater management, drainage and erosion control). The City of Fayetteville, including staff and elected officials, or designee. City Engineer (stormwater management and drainage, physical alteration of land Rnd PrG.GiGn GGntrGl). The City Engineer or his appointed representatives, including assigned staff engineers, technicians and inspectors. City of Fayetteville Landscape Manual (tree preservation and protection). A document having detailed instructions for preparing tree preservation plans and standards and specifications for tree protection, planting, maintenance and design. City official (streets and sidewalks). The Mayor (or other official designated by the Mayor, and authorized to issue the permits granted thereunder) of the city. City Planning Commission (manufactured homes and parks) (manufactured homes and parks opened or expanded after 4-20-72). That commission created for the city by Chapter 33. March 2021 Final Redlined Draft Page 6 of 134 Civic building. Structure used primarily for public education, cultural performances, gatherings and displays administered by non-profit cultural, educational, governmental, and religious organizations. Clearing (flood damage prevention). 4s-tThe act of cutting timber or shrubs from an area., Formatted: Font: Not Italic Club or lodge (zoning). A building or portion of a building used by an association for the promotion of some common objective excepting clubs the chief activity of which is a service customarily carried on as a business. Coffee roasting facility. A facility in which unprocessed green coffee may be sorted, roasted and processed or packaged for use and consumption. Collector street (streets and sidewalks). A street which in addition to serving abutting properties, intercepts minor streets, connects with community facilities and carries neighborhood traffic to the major arterial street system. Co -location (wireless telecommunications facilities). Locating wireless communications equipment for more than one (1) provider at a single communications facility, on a building, or on an alternative tower structure. Colonnade (DDOD). A roofed structure, extending over the sidewalk, open to the street except for supporting columns or piers. Column (DDOD). A supporting pillar usually consisting of a round shaft, a capital, and a base. ;�/ h.,n;none. nerL (flood damacie Prevention) is +.minelly an area of nff'nes OF I;nh+ 0nrl„c+rm.;l +hewoh retail seNoGe, OF industrial usacie Or. mefirnes onnl„rl ed in swoperfinq roles For fhece nfflnec Commercial development (tree preservation and protection). Any development in an R-O, Commercial or Industrial Zone and any conditional use in any other zone which permits activities usually conducted within an R-O, Commercial or Industrial Zone. Commercial driveway (streets and sidewalks). An entrance on public property or exit from any commercial, business, or public establishment adjacent to a public street or highway. Commercial tree pruner/service (tree preservation or protection). A person who performs work on trees for profit. Common open space (development). Land within or related to a development, not individually owned or dedicated for public use, which is reserved for the exclusive use or enjoyment of the residents or occupants of the development and their guests. Community recycling drop-off facility (zoning). A facility designed to be a collection point where only pre- sorted recyclable materials are dropped off and temporarily stored prior to delivery to a center for collecting recyclable materials for processing. A community recycling drop-off facility is intended for household or consumer use. This facility can be temporary and/or mobile or a permanent installation that is the principal use. Community sewage system (development). Any non -publicly owned system serving two (2) or more individual houses, housing units, apartments or other occupied structures for the collection and disposal of domestic, non-residential or industrial wastewater of a liquid nature, including various devices for the collection, conveyance and treatment of the treated wastewater effluent and the monitoring of the affected groundwater quality and the management of the associated solid waste by-products (septage and sludge). (Also known as decentralized sewer systems) March 2021 Final Redlined Draft Page 7 of 134 Community storage structure (manufactured homes and parks). A structure located in a manufactured home park for the convenience of the residents to provide storage space for often used outdoor equipment, furniture, tools and other items which cannot be conveniently stored in the typical manufactured home. Compact automobile (parking and loading). Any vehicle less than 6 feet wide and 15 feet long. Compaction (physical alteration of land). The densification of a fill by mechanical means. Formatted: Font: Not Italic Company flag (Signs). A flag identifying a business or organization by use of the name of the business or organization where the flag is displayed. The flag must have the same proportional dimensions as the United States Flag, be installed upon standard flag pole allowing flags to be raised and lowered, and be flown only in conjunction with either the United States Flag or Arkansas State Flag or both. The company flag must be flown lower than the government flag, cannot exceed the size of the government flag and in no case can exceed 6 feet in length. Concrete deadman anchors (flood damage prevention). -are-hHeavv steel rods embedded in buried sections of concrete, used to secure items in place under tension. Conditional use (zoning). A use permitted in certain zoning districts subject to certain conditions imposed by the Planning Commission after review of development plat. Condominium (zoning). Two (2) or more single-family dwelling units constructed in a series of attached units and submitted to a horizontal property regime under A.C.A. §8-13-102 et seq. Conical surface (Airport Zone). A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty -to -one (20:1) for a horizontal distance of 4,000 feet. Connection (water and wastewater impact fees). The physical tie-in of a private water or wastewater service system to the City of Fayetteville's public water or wastewater system. For the purposes of the impact fee ordinance, the physical tie-in shall occur upon the installation of a water meter. Conservation easement (tree preservation and protection). A formal, legally binding agreement between parties, usually a landowner and a private or public entity, providing for the preservation of land in its natural state. Construction permit (stormwater management, physical a#ernationalteration of land). A general construction permit issued by the Arkansas Department of Environmental Quality for the purposes of complying with federal stormwater regulations contained in 40 CFR 122.26 which requires NPDES permit coverage for small (disturbing one acre or more and less than five acres) and large (disturbing 5 acres or more) construction sites. Vnntrel n rnit_ issued by the pity to a entity with the legal ability ten A nctn,nt the stnrrAi-A ter TR management syGtem on ;;Ggerdanre with the approved system design and PeFMit GOnditiORI­ Construction (stormwater management, drainage and erosi physical alteration of land). Any on - site activity that would result in the creation of a new stormwater management system, including the building, assembling, expansion modification, or alteration of the existing contours of the property; the erection of buildings or other structures, any part thereof; or land clearing. Contiguous woodlands (tree preservation and protection). A portion of canopy existing on the site of proposed development, which is a part of a larger, unbroken forest, whether or not it extends onto adjacent lots. Contour intervals (development). Topographic map lines connecting points of equal elevations. Controlled access highway (signs). Any state or federal numbered highway designated by ordinance as a controlled access highway by the City Council. March 2021 Final Redlined Draft Page 8 of 134 Cornice (DDOD). A projecting horizontal decorative molding along the top of a wall or building Covenant (flood damage prevention). 4&-aA clause in a contract that requires one party to do, or refrain from doing, certain things. A covenant frequently appears as a restriction that a lender imposes on a borrower. Craw/space.(flood damage prevention). }+s-aA type of structural foundation where the space beneath the _ Formatted: Font: Italic lowest floor is typically not deep enough to allow a person to stand and not all of its a44eur-i4}waNssides are below grade. Formatted: Table Normal Critical facilities (flood damage prevention). 4nela44----Governmental facilities that are considered essential for the delivery of critical services and crisis management (such as data and communication centers and key governmental complexes): facilities that are essential for the health and welfare of the whole population (such as hospitals, prisons, police and fire stations, emergency operations centers, evacuation shelters and schools); mass transportation facilities (such as airports, bus terminals, train terminals); lifeline utility systems (including potable water, wastewater, oil, natural gas, electric power and communications systems); high potential loss facilities (such as nuclear power plants or military installations); hazardous material facilities (such as industrial facilities housing or manufacturing or disposing of corrosives, explosives, flammable materials, radioactive materials and toxins. Cupola (DDOD). A domelike structure surmounting a roof or dome, often used as a lookout or to admit light and air. Curb radius The curved edge of street paving at an intersection, measured at the inside travel edge of the travel lane. Cut (physical alteration of land). See "excavation." D Zone areas (flood damage prevention). R aAreas in which the flood hazard has not been determined but may be possible. Dance hall (zoning). Any building, premises, pavilion, or place of business wherein dancing is permitted, conducted or engaged in by the public in general, including but not limited to private clubs as defined by ordinance and/or the laws of the State of Arkansas, either for profit or not. Daylighting (flood damage prevention). ^, ea.,^^ *^^ To restore a stream, creek or natural drainage way or other waterway from an underground pipe to open air and daylight. Dead-end street (development). A street having one end open to traffic and being permanently terminated by a vehicular turnaround. Deciduous trees (physical alteration of land). Trees that shed their leaves annually. Small deciduous trees are no more than 40 feet tall at maturity while large deciduous trees exceed 40 feet in height at maturity. Dedication (development). Land and improvements offered to the city, county, or state and accepted by them for public use, control, and maintenance. Deed restriction (flood damage prevention) '^f�c e-Ps t`^ . A a -clause in a deed that limits the future uses of the property in some respect. Deed restrictions may impose a vast variety of limitations and conditions, for example, they may limit the density of buildings, dictate the types of structures that can be erected, prevent buildinas from beina used for specific ourposes or even from beina used at all. Department of Law (building regulations). The City Attorney's offices March 2021 Final Redlined Draft Page 9 of 134 Dependent manufactured home (manufactured homes and parks) (manufactured homes and parks opened or expanded, 4-20-72). A manufactured home which does not have a flush toilet and bath or shower. Detention (stormwater management and drainage, physical alteration of land, sentrel). The collection and temporary storage of stormwater per the specifications of the Citv's Drainage Criteria Manual with subsequent gradual release of the stormwater: see also Extended Detention Area. Develop (physical alteration of land). Permanently altering land by subjecting it to grading, removal of vegetation, or construction such as but not limited to buildings, parking lots, streets, and sidewalks. Developer (stormwater management, drainage and erosion control). Any person(s), parties, partnerships, or corporations, private or public, engaging in activities described as development. Developer (development). A person, firm or corporation undertaking to develop a subdivision or large scale development as set forth in the development regulations. Development (stormwater management and; drainage, physical aliernatienalteration of landand erosion eentre4). To make a site or area available for use by physical alteration. Development includes, but is not limited to, providing access to a site, clearing vegetation; grading; earth moving; providing utilities and other services such as parking facilities; stormwater management and erosion control systems; and sewage disposal systems; altering landforms; or construction of a structure on the land. Development shall also mean any of the following: (A) Construction, installation, alteration, demolition, or removal of a structure, impervious surface, or stormwater management system, or (B) Clearing, scraping, grubbing, or otherwise removing or killing the vegetation of a site; or (C) Adding, removing, exposing, excavating, leveling, grading, digging, dumping, or otherwise disturbing the soil or rock of a site in a manner contrary to the requirements of the stormwater management, drainage and erosion control regulations. Development (, flood Ddamage Pprevention). Any man-made change to improved or unimproved real Formatted: Font: Not Italic estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Development (streets and sidewalks). Shall include, but shall not be limited to, the construction of a new improvement, the construction of an addition to an existing improvement, or a parceling which results in the need for access and utilities. Development plan (development). A drawing showing all proposed improvements to a piece of property such as streets, parking lots, buildings, drives, signs, utilities, drainage, grading and planting by size and location. Development site (physical alteration of land). That portion of any lot or parcel subjected to grading, removal of vegetation, or construction such as, but not limited to, buildings, parking lots, streets and sidewalks. Diameter breast height (DBH) (tree preservation and protection). The diameter of a tree measured at a point 4'/2 feet above the ground. If a tree splits into multi -trunks, the trunk is measured at its narrowest point below the split. Directional sign (signs). A sign of a noncommercial nature which directs the reader to the location of F.,-.tt.d-Space Before: Auto, After: Auto public or educational institutions, or to the location of historical structures or areas, or the location of public parks or buildings. March 2021 Final Redlined Draft Page 10 of 134 without qualification, means the "discharge of a pollutant." pischarge of Stormwater Associated with Construction Activity. (physical alteration of land). 4Refers 1 discharge of pollutants in stormwater runoff from areas where soil disturbing activities (e.g., clearing, grading, or excavation), construction materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck washout, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located. .Discharge -related activities (physical alternatier}alteration of land, stormwater management and drainage). +Includes activities which cause, contribute to, or result in stormwater point source pollutant discharges; and measures to control stormwater discharges, including the siting, construction and operation of best management practices (BMPs) to control, reduce or prevent stormwater pollution. Display surface area (signs). The net geometric area enclosed by the display surface of the sign including the outer extremities of all letters, characters and delineations; provided, however, "display surface area" shall not include the structural supports for free standing signs; provided further, that only one (1) face of a double-faced sign shall be considered in determining the display surface area. District or zoning district (signs). A section or sections of the incorporated area of the city for which the then effective zoning ordinance governing the use of buildings and land are uniform for each class of use permitted therein. References to individual zoning districts contained herein shall refer to the zoning district established by the City Council in Chapter 160. Disturb (physical alteration of land). To alter the natural state. Domed roof (DDOD). A vaulted roof having a circular, polygonal, or elliptical base and a generally hemispherical or semispherical shape. Dormitory (zoning). A building or group of buildings designed or altered for the purpose of accommodating students or members of religious orders with sleeping quarters, with or without communal kitchen facilities, and administered by educational or religious institutions. contributing surface and stormwater runoff to a stormwater management system. Drainage Criteria Manuallphysical alteration of land, stormwater management and drainage). -means tThe supporting technical manual adopted by�City Council as. Ordinance No. 5702 and which, may be amended by the City Engineer. Dripline (tree preservation and protection). An imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground. Formatted: Font: (Default) Arial, Italic Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, Italic Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, Italic Formatted: Font: (Default) Arial Formatted: Table Normall, Space Before: Auto, After: Auto Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Drive-in/drive-through restaurant (zoning). Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises. Dwelling, accessory (zoning, supplemental zoning). A separate, complete housekeeping unit with a Formatted: Normal separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to a single-family structure. Dwelling, live/work. A dwelling unit within which an at-home business is encouraged. Businesses are limited to a maximum of two (2) employees that do not dwell in the principal or accessory dwelling unit. March 2021 Final Redlined Draft Page 11 of 134 Dwelling, manufactured home (zoning). A detached residential dwelling unit designated for transportation on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundation, connection to utilities, and the like. A travel trailer is not to be considered as a manufactured home. Dwelling, multi -family (zoning). A residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single-family attached/townhouse (zoning). Two (2) or more dwelling units located on individual lots but joined along a single lot line. All such dwellings must be totally separated from other dwellings by a fire-resistant common wall. Dwelling, single-family (zoning). A detached residential dwelling unit other than a manufactured home, designed for and occupied by one (1) family only. Dwelling, two-family/duplex (zoning). A detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families and located on one (1) lot of record. Dwelling unit (zoning). One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Easement (development). A grant by the property owner to the public, a corporation or persons, for the use of a strip of land for specific purposes. E/FS (exterior insulating and finish systems) (DDOD). A cement based synthetic material used as an alternative to natural stucco. Electronic graphic display screen (signs). A sign or portion of a sign that displays electronic images, graphics or pictures, defined by matrix elements using different combinations of light emitting diodes (LED), fiber optics, light bulbs, or other illumination devices. Electronic graphic displays include television screens, plasma screens, digital screens, flat screens, LED screens, LCD screens, video boards, holographic displays, or other technologies of a similar nature. Electronic message board (signs). A changeable copy sign that displays electronic, non -pictorial, text information in which alphanumeric characters and punctuation marks are defined by illumination devices, such as, but not limited to, light emitting diodes (LED), fiber optics, light bulbs, and liquid crystal display (LCD). Elevation Certificate (flood damage prevention). -rRefers to FEMA form 81-31, which for the purposes of this Code must be properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. Enforcement officer (manufactured homes and parks) (manufactured homes and parks opened or expanded, 4-20-72). The Chief Building Inspector of the city, or his/her duly authorized representative. Engineer (stormwater management, drainage and erosion control). A professional engineer registered in Arkansas, or other person exempted pursuant to the provisions of the Arkansas Code Annotated, who is competent in the fields of hydrology and stormwater management. Erect (signs). To build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of wall signs. March 2021 Final Redlined Draft Page 12 of 134 Erosion (stormwater management, drainage and erosion control). The removal of soil particles by the action of water, wind, ice or other geological agents. Evergreen (physical alteration of land). A plant that retains leaves or needles year-round. Excavation (physical alteration of land). The mechanical removal of earth material from water or land. Existinq structure (flood damage prevention). meaRS, for fleadplamR rnaRagGFReRt p FlaosesaA structure which is in place before any reconstruction, rehabilitation, addition, or other improvement takes place for flood management purposes. Existing manufactured home park or subdivision (flood damage prevention). A m�a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. Expansion to an existing manufactured home park or subdivision (flood damage prevention). -meanzThe preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Extended detention area (stormwater management and drainage),. g's^ referred to As a step .... ate.r proposed detention and can also be referred to as a stormwater pond. These constructed stormwater detention basins have a permanent pool (or micropool) of water that captures and treats runoff from each rain event per the Drainage Criteria Manual. adverse impacts from large low -frequency storm events with a return frequency of 100 years or more. FAA (Airport Zone). The Federal Aviation Administration Facilities emitting odors (zoning regulations). Any function that involves a process which emits or has the potential for emitting odor. Facilities handling explosives (zoning). Any function that involves a process dealing with a product with explosive potential. Fall zone (wireless communications facilities). The area within which a tower or antenna might cause damage to persons or property should the tower or antenna be knocked down, blown over or fall on its own. Family (zoning). In R-A, Neighborhood Conservation and all single family districts including single family Planned Zoning Districts, a "family" is no more than three (3) persons unless all are related and occupy the dwelling as a single housekeeping unit. In all other zoning districts where residential uses are permitted, a "family" is no more than four (4) persons unless all are related and occupy the dwelling as a single housekeeping unit with the exception that the City Council may permit a definition of "family" as no more than five (5) persons unless all are related and occupy the dwelling as a single housekeeping unit in a specific Planned Zoning District with proper safeguards for the surrounding neighborhood such as applying the parking requirements of §172.11 (even though this is a multifamily PZD), requiring that each five (5) person unit must be placed within a freestanding structure of not more than two (2) stories and be buffered from other residential districts outside the Planned Zoning District. The City Council shall consider whether an applicant's PZD with one (1) or more five (5) unrelated person structures would cause unreasonable traffic into an adjoining residential neighborhood before approving any such PZD. Persons are "related" for purposes of this definition if they are related by blood, marriage, adoption, March 2021 Final Redlined Draft Page 13 of 134 Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: (Default) Arial, Italic Formatted: Table Normal Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial guardianship, or other duly -authorized custodial relationship. The definition of "family" does not include fraternities, sororities, clubs or institutional groups. FCC (wireless telecommunications facilities). The Federal Communications Commission. FEMA (physical alteration of land). Federal Emergency Management Agency. Fenestration (development) An exterior opening in the surface of a structure, such as a window, door, clerestory window, curtain wall, etc. Fill (physical alteration of land). A deposit of earth material placed by artificial means. First orground floor (DDOD). The finished floor facing a street right-of-way. Flashing sign (signs). An illuminated sign on which artificial or reflected lights is not maintained stationary and constant in intensity and color at all times when in use. Flood or flooding events (flood damage prevention). —ire. "general and -or temporary conditions ofr partial or complete inundation of normally dry land areas from the overflow of flood waters, or the unusual and rapid accumulation or run-off of surface water from any source. (A) 100-year flood (flood damage prevention) is any flood with a 1% chance of occurring in any given Formatted: Numbered + Level: 1 + Numbering Style: year. The term is misleading, because of its statistical derivation. A one hundred 000) year flood may A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: occur many times in any given one hundred (100) year period, or it may not occur at all in one 0^ + Indent at: 0.25" hundred (100) years. (B) 500-year flood (flood damage prevention) is any flood with a 0.2% chance of occurring in any given year. As with the one hundred (100) year flood, this term is also misleading, because of its statistical derivation. A five hundred (500) year flood may occur many times in any given five hundred (500) year period, or it may not occur at all in five hundred (500 years). ' Formatted: Normal Flood Boundary and Floodway Map. (flood damage prevention). The official map on which the Federal Insurance Administration has delineated both the areas of flood hazards and the floodway. Flood fringe (flood damage prevention) -refers. 4G4The portion of the one hundred (100) year floodplain which is outside the floodway. Flood Insurance Rate Map (FIRM) (flood damage prevention). The official map on which the Federal Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. Unless otherwise stated, it shall be the latest regulatory FIRM including any effective letters of map revision that has been adopted by FEMA. Flood Insurance Study (flood damage prevention). The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. Unless otherwise stated, it shall be the latest regulatory Flood Insurance Study for Washington County that has been adopted by FEMA. March 2021 Final Redlined Draft Page 14 of 134 Floodplain Floodwny Floodwny Fringe Floodwny Fringe Flood Floolj}d—y Fl—lpinln .w W w .'m '" W w Flaad Floodplain (stormwater management, drainage and erosion control). For a given flood event, that area of land that is temporarily covered by water and that adjoins a watercourse. In FEMA regulated, or established floodplains, the floodplains shall mean the area subject to inundation from any source during the regulatory event. Floodplain or flood -prone area (flood damage prevention). Areas that are subject to, or are exposed to, flooding and flood damage. Floodplain Administrator (flood damage prevention). re' r&4o'The community official designated in the local Flood Damage Prevention Code as responsible for the Code's administration. Floodplain development permit (flood damage prevention). 4s-aA permit issued by the local Floodplain Administrator and is required before beginning any development in an area designated as a special flood hazard area on the community's FIRM. Floodplain management (flood damage prevention). The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. Floodplain management regulations (flood damage prevention). Development code, building codes, health regulations, special purpose ordinances (i.e., grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood -proofing (flood damage prevention). Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodproofing Certificate (flood damage prevention). This term -Frefers to FEMA form 086-0-34, which for the purposes of this Code must be properly completed by a professional engineer or architect licensed to practice in the State of Arkansas. March 2021 Final Redlined Draft Page 15 of 134 Floodway (flood damage prevention). The channel of a river, or other watercourse, and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Also referred to as "regulatory floodway." Floodway (stormwater management, drainage and erosion control). The channel of a stream, plus any adjacent floodplain areas that must be kept free to encroachment so that the one hundred (100) year flood discharge can be conveyed without increases of more than specified amount in base elevations, either zero (0) or one (1) foot depending on specific location. This is an area of significant depths and velocities and therefore due consideration should be given to the effects of fill and loss of cross -sectional flow area is increased water surface elevations. Floor (DDOD). A story within a building. .Flow -through openings (flood damage prevention). -ire-oOpenings specifically designed to allow h Formatted: Font: (Default) Arial floodwaters to flow into and out of enclosed spaces, minimizing the danger of foundation or wall collapse from lateral hydrostatic pressure. FAuto matted: Table Normal 1, Space Before: Auto, After: Foot candle. A unit of measurement referring to illumination. One (1) foot candle is equal to one (1) lumen uniformly distributed over an area of one (1) square foot. Forestation (tree preservation and protection). The act of planting trees. Fraternity or sorority house (zoning). A building owned or leased by a general or local chapter of some regularly organized college fraternity or sorority, or by or on its behalf by a building corporation or association composed of members or alumni thereof, and occupied by the local chapter of such fraternity or sorority as a place of residence. Freestanding sign (signs). A sign which is attached to or a part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary. Frontage line. The property line or lines of a lot which coincide with a right-of-way or other public open space. Front yard area. Front yard area shall mean the area between the plane of the front elevation of the principal fagade(s) of the principal structure extending to the side property lines and the front property line abutting the street, including the driveway. A front shall be any plane of a building which abuts to a public street right-of-way. Functionally dependent use (variances, flood damage prevention). A use which cannot perform its intended purpose unless it is located or carried out in close proximity to a feature, such as water. Gable (DDOD). The vertical triangular end of a building from cornice or eaves to ridge Gabled roof (DDOD). A double sloping roof that forms a gable at each end. Gambrel roof (DDOD). A roof where each side has two (2) slopes; a steeper lower slope and a flatter upper one; a "barn roof'. Garage sales (zoning). An occasional sales activity, not to include activities described elsewhere as home occupations, but including activities generally referred to as garage sales, yard sales, rummage sales, white elephant sales, cleaning sales, or moving sales, where used goods are displayed or offered for sale to the general public in a residential area on the resident's premises. Gas outlet (building regulations). For the purpose of establishing gas permit fees for additions, alterations, repair, and new installations, a gas outlet shall be defined as any service line and/or pipe replacement or March 2021 Final Redlined Draft Page 16 of 134 extension and a connection to any device and equipment that receives, stores, consumes, transfers, and/or discharges gas. Gasoline service station (Zoning). (A) Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where in addition the following services may be rendered and sales made, no other: (1) Sale and servicing of spark plugs, batteries, and distributor parts; (2) Tire servicing and repair, but no recapping or regrooving; (3) Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like; (4) Radiator cleaning and flushing; (5) Washing and polishing, and sales of automotive washing and polishing materials; (6) Greasing and lubrications; (7) Providing and repairing fuel pumps, oil pumps, and lines; (8) Minor servicing and repair of carburetors; (9) Emergency wiring repairs; (10) Adjusting and repairing brakes; (11) Minor motor adjustments not involving removal of the head or crankcase or racing the motor; (12) Sales of cold drinks, package foods, tobacco, and similar convenience goods for filling station customers, as accessory and incidental to principal operations; (13) Provision of road maps and other information material to customer; provision of restroom facilities. (B) Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage or automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage or a body shop. Glare (outdoor lighting) means the brightness of a light source that causes eye discomfort. Glazing (development). A transparent or translucent material that is integrated into a building envelope, such as a window, display window, door, glass curtain wall, etc. Grade (physical alteration of land). The percentage of rise or fall per 100 feet. Existing grade is the grade prior to grading. Rough grade is the stage at which the grade approximately conforms to the approved plan. Finish grade is the final grade of the site which conforms to the approved plan. Grading (physical alteration of land). Any stripping, cutting, filling, or stockpiling of earth or land. the City of Fayetteville to an entity with the legal ability to construct temporary erosion and sedimentation control practices and permanent stormwater practices in accordance and compliance with the provisions and permit conditions of Chapters 169 and 170. Green roof (Stormwater). A n green stormwater practice, designed per the City's Drainage Criteria Manual, in which an €elevated roof surface is s that are entirely covered with a thin soil and vegetation layer. March 2021 Final Redlined Draft Page 17 of 134 Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Formatted: Space Before: Auto, After: Auto Green Stormwater Practices (GSPs) and / or Mitigation Measures (development, stormwater management). A nean&-a green stormwater practice or Water Quality, Flood, and Tree Mitigation Ground cover (physical alteration of land). Plants with low, spreading habit that form a dense mat in time, preventing erosion. Guyed towers (wireless telecommunications facilities). A communications tower that is supported, in whole or in part, by guy wires and ground anchors. Habitable space. Building space whose use involves human presence. Habitable space excludes parking garages, self-service storage facilities, warehouses, and display windows separated from retail activity. Hazard to air navigation (Airport Zone). An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. Formatted: Font: Not Italic Formatted: Font: Not Italic Hazardous Materials.(flood damage prevention). A`` .,,�..� .^� env material, including any substance, waste, Formatted: Font: Not Italic or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Hazardous tree (tree preservation and protection). A tree or tree parts with high probability of falling or causing injury or property loss; also, a tree harboring insects or a disease that could be detrimental to surrounding trees. Health officer (Manufactured homes and parks) (manufactured homes and parks opened or expanded, 4- 20-72). The legally designated health authority of the city or his authorized representative. Height. (Airport Zone). Sea level elevation, unless otherwise specified. Height (Hillside/Hilltop Overlay District). Building height shall be measured from the lowest point of the structure at the historic grade, prior to development, to the highest point of the structure. If the structure is located on a graded pad then the height of the building is measured from the historic grade. Height (wireless telecommunications facilities). The vertical distance measured from the mean elevation of the finished grade to the highest point on the tower or other structure, even if said highest point is an antenna or antenna array. Highest adjacent grade (flood damage prevention). The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Hillside/Hilltop Development Manual (zoning). The best management practices document that supplements the Hillside/Hilltop Overlay District and illustrates desirable Hillside/Hilltop development practices. Hillside/Hilltop Overlay District (zoning). Lands located within the city that generally have slopes in excess of 15%. The Hillside/Hilltop Overlay District is shown on the city's official zoning map. The development regulations in the Hillside/Hilltop Overlay District supercede the underlying zoning district. IEII/17.MITr11far r-7/!111{7T.WWW!"Cm SIMMIMMEC..'0►.TSS7-T:E1:T:1tl-fI:T-7!111{tT.DIRT-7tt1:7►�7J:T.SL11R.fPTS.1tI:LT.iLi7_ Hipped roof (DDOD). A roof with slopes on all four (4) sides. The "hips" are the lines formed when the slopes meet at the corners. March 2021 Final Redlined Draft Page 18 of 134 Historic discharge or volume (Stormwater management, drainage and erosion control). The peak rate or volume at which stormwater runoff leaves a parcel of land in an undisturbed/natural site condition either by gravity or by the legally allowable discharge at the time of permit approval. Historic grade (Zoning). The natural grade of the land prior to any development. Historic structure (flood damage prevention). Any structure that is (A) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (B) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or (C) Individually listed on a state inventory of historic places which has been approved by the Secretary of the Interior. Home occupation (zoning). An occupation, profession or avocation conducted in a dwelling unit on a part- time or full-time basis for which financial compensation is received and which generates motor vehicle traffic to the dwelling unit by patrons or clients of the occupation, profession or avocation conducted therein. A nontraffic generating occupation, profession or avocation conducted in a dwelling unit by one (1) or more members of the family occupying the premises shall be considered a residential use and not a commercial use. The term home occupation shall include a child care facility handling not more than six (6) children at one (1) time. Horizontal surface (Airport Zone). A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plane coincides with the perimeter of the horizontal zone. Horsepower (building regulations). The equivalent to 745 watts. Housing Board (manufactured homes and parks) (manufactured homes and parks opened or expanded, 4-20-72). The Housing Board established by the city. House, lodging or rooming (zoning). A dwelling or building where lodging is provided for two (2) or more persons for compensation, pursuant to previous arrangements, but which is not available to transients and with which no table board is furnished. Hydrodynamic forces (flood damage prevention). -are2The forces and stresses associated with moving water, including impacts from objects carried in the water. Hydrostatic flood forces (flood damage prevention).-areiThe forces and stresses associated with standing floodwaters. Hydroseed (physical alteration of land). A machine blown mixture of mulch, seed and sometimes fertilizer. 1-540 Overlay District. The Overlay District encompasses all lands lying within 660 feet of each side of the right-of-way of 1-540 from the intersection of 1-540 and State Highway 471 (a/k/a 71 B) north to the city limits of Fayetteville, (a/k/a the 71 Bypass and/or John Paul Hammerschmidt Expressway), and also that portion known as State Highway 471 S described more fully as that portion of State Highway 471 which connects 1-540 to State Highway 471 (a/k/a North College) and all future extensions of 1-540 within the City of Fayetteville. Said boundaries are set out on the official plat pages along with a legal description of such boundaries located in the Planning Division. March 2021 Final Redlined Draft Page 19 of 134 Illicit Connection (stormwater management and drainage). a y man-made conveyance � 'w�—.. Formatted: Font: Not Italic connecting an illicit discharge directly to the City's municipal separate storm sewer system. This can include either: Formatted: Space Before: Auto, After: Auto (A) Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to Formatted: Space Before: Auto, After: Auto, enter the storm drain system including but not limited to any conveyances that allow any non -storm Numbered + Level: 1 + Numbering Style: A, B, C, ... + water discharge including sewage, process wastewater, and wash water to enter the storm drain Start at: 1 + Alignment: Left + Aligned at: 0" + Indent system and any connections to the storm drain system from indoor drains and sinks, regardless of at: 0.25" whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, (B) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agencv.. Formatted: Font: Not Italic Illicit discharge. (stormwater management and drainage). A m�anv discharge to a municipal separate Illuminance. The photometric quantity most closely associated with the perception of brightness and measurement of the intensity of light falling on a surface at a given distance from the light source. Illuminated sign (signs). Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. Impact Fee Administrator (water and wastewater impact fees). The Zoning and Development Administrator or his designee Impervious area or surface (stormwater management and; drainage. physical alteration of land-aad eFOGOOn Gent•^')^s 'Land . A„ suFfaGe that has been compacted or covered so that it is highly resistant to infiltration by water. Examples include rooftops, sidewalks, driveways, parking lots, and streets unless specifically designed, constructed, and maintained to be pervious. Areas of compacted gravel are considered impervious. Improvements (development). Physical changes made to property to prepare it for development such as street grading, drainage structures, street surface, sidewalks, curbs, gutters, utility lines, bridges and similar items. Independent manufactured home (manufactured homes and parks) (manufactured homes and parks opened or expanded, 4-20-72). A manufactured home which has a flush toilet and a bath or shower. Intermittent stream ( tree preservation and protection). A stream that carries water part of the year is dry another part but receives flow from the groundwater table when it is high enough. Invasive species (tree preservation and protection). Any species not indigenous to a region, which becomes established and displaces native species. Joint identification sign (signs). A sign which serves as common or collective identification for a group of persons or businesses operating on the same subdivision or lot in a residential office, commercial or industrial district (e.g., shopping center, office complex, etc.) Such sign may name the person(s) or business included but carry no other advertising matter. March 2021 Final Redlined Draft Page 20 of 134 Formatted: Space Before: Auto, After: Auto Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Junkyard (zoning). Any worn out or discarded materials including but not limited to scrap metal, inoperable motor vehicles and parts, construction material, discarded appliances, or other material in a condition such that it cannot be used for its original purposes. Kennel (zoning). A structure or facility used for the purpose of breeding two (2) or more litters of puppies or kittens within any twelve (12) month period. A facility that keeps animals commercially and has open dog runs, outside play areas, or any areas where animals are kept or left outside. Lacustrine flooding (flood damage prevention). 4s-fFlooding associated with a lake. Formatted: Font: Not Italic Lamp or bulb (outdoor lighting) means the light producing source installed in the socket portion of a luminaire. Land disturbance (tree preservation and protection, physical alteration of land, landscape regulations). Clearing, scraping, grubbing, or otherwise removing or destroying the vegetation of a site, or adding, removing, exposing, excavating, leveling grading, digging, tunneling, trenching, burrowing, dumping, piling, dredging or application of toxic substance, storage of materials, and operation of equipment, or otherwise significantly disturbing the soil, mud, sand, or rock of a site. Landscape Administrator (tree preservation and protection). The person who is responsible for the administration of Tree Preservation and Protection, Chapter 167 and Landscape Regulations, Chapter 177. Also known as Urban Forester. Landscape establishment guarantee (tree preservation and protection). A bond, irrevocable letter of credit, or other surety held by the city until the satisfactory conclusion of the three (3) year landscape establishment period. Landscape fabric (physical alteration of land). A barrier against soil erosion, allowing water to pass through while keeping soil in place. Landscaping (zoning). The area within the boundaries of a given lot which consists of planting materials, including but not limited to trees, shrubs, ground covers, grass, flowers, decorative rock, bark, mulch, and other similar materials. Large scale development (development). -Generally intended for development on a site of 1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area and where a corresponding subdivision of land is not proposed' The development of a lat nr parGel one (1 ` aGre ngreater size or tho, ronstrurtinn of a multi family building or buildings with twenty four (24) or more mprovernent, the nonstri mtinn of an addition to an P or a parceling which results the RAAd for aGness and utilities. generally 0 RteRded f49F, but not limited te, a develeomeRt that orepases t veil for arrays and u tilifioc Larger than utility runway (airport zone). A runway that is constructed for and intended to be used by propeller -driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft. Lateral forces (flood damage prevention). -afe-tThe horizontal hydrostatic forces associated with standing water. Water exerts an equal force in all directions, and as little as 3 feet of standing water can generate sufficient lateral force to collapse a foundation or wall. Formatted: Font: Not Italic Lattice tower (wireless telecommunications facilities). A guyed or self-supporting three (3) or four (4) sided, open, steel frame structure used to support telecommunications equipment. March 2021 Final Redlined Draft Page 21 of 134 Lease (signs). An agreement by which a property owner conveys, usually for a specified rent, to other persons, permission to erect and maintain an advertising sign upon his property. Less desirable species (tree preservation and protection). Low -priority trees or other woody shrubs listed in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. Levee Levee (flood damage prevention). A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Light pollution (outdoor lighting). G4neaas-general sky glow caused by the scattering of artificial light in the atmosphere and resulting in decreased ability to see the natural night sky. Liner building. A building built in front of a parking garage, cinema, supermarket etc., to conceal large expanses of blank wall area and to face the street space with a fagade that has doors and windows. Lintel (DDOD). A horizontal beam that supports the weight of the wall above a window or door. Loading space, off-street (zoning). Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. ewneFship OF fGF development. Lot (signs). A parcel of land under one (1) ownership whether described by metes and bounds or as a platted lot. Lot. (zoning, flood damage prevention). A parcel of land of at least sufficient size to meet minimum zoning, and where applicable the flood damage prevention, -requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. The term includes the words "plot" or "parcel'. Such lot shall have frontage on a improved publiG 6#88t and may consist of: (A) A single lot of record; (B) A portion of a lot of record; (C) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; (D) A parcel of land described by metes and bounds; provided that in no case of division or combinations shall any residential lot or parcel be created which does not meet the requirements of the zoning regulations, Chapter 167. Lot, corner (zoning). A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. March 2021 Final Redlined Draft Page 22 of 134 Lot, depth of (zoning). The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. Lot frontage (zoning). The front of a lot shall be construed to be the portion nearest the street. Lot, interior (zoning). A lot other than a corner lot with only one frontage on a street. Lot, through (zoning). A lot, other than a corner lot, with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots. Lot, width of (zoning). The distance between straight lines connecting front and rear lot lines at each side Formatted: Space Before: Auto, After: Auto of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80% requirement shall not apply. jLot of record (zoning.) A lot which is part of a subdivision recorded in the office of the county recorder or a Formatted: Font: (Default) Arial lot or parcel described by metes bounds, the description of which has been so recorded. Lowest floor (flood damage prevention). The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such an enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. Luminaire or fixture (outdoor lighting) means a complete lighting unit including the lamps or bulbs, together with the parts required to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. M Mall (signs). Any concentration of retail stores and/or service establishments which share customer parking areas and are located within an enclosure having public walkways whereby a customer in one (1) store or establishment may walk to another store or establishment without leaving the enclosure. Mansard roof (DDOD). A roof type with two (2) slopes on each of the four (4) sides, the lower slope being steeper than the other; capped off with a cupola, typically Victorian. Manual message board (signs). A changeable copy sign that is arranged manually in the field through the utilization of alphanumeric characters and punctuation marks. Manufactured home (flood damage prevention). A factory -built, single-family structure that meets the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. §5401), commonly known as the HUD (U.S. Housing and Urban Development) code. For floodplain management purposes the term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. March 2021 Final Redlined Draft Page 23 of 134 Manufactured home (manufactured homes and parks). A home built entirely in the factory under a federal building code, administered by the U.S. Department of Housing and Urban Development (HUD), which went into effect June 15, 1976. Manufactured home (manufactured homes and parks opened or expanded after 4-20-72). A detached structure designed as a complete residential dwelling unit with a permanent chassis and capable of being transported on its own wheels, or on a trailer, and constructed to be ready for use upon being placed on a temporary or permanent foundation. Manufactured home lot (manufactured homes and parks opened or expanded after 4-20-72). A plot of ground or a lot in a manufactured home park designed for the location for only one (1) manufactured home. Manufactured home pad (manufactured homes and parks opened or expanded after 4-20-72). That part of an individual manufactured home lot which has been reserved for the placement of a manufactured home. Manufactured home park (manufactured homes and parks). Any plot of ground of at least one (1) acre in size upon which two (2) or more manufactured homes, occupied for dwelling or sleeping purposes, are located. Manufactured home park (Manufactured homes and parks opened or expanded after 4-20-72). Any park, court, site, parcel or tract of land designed, maintained intended or used for the purpose of supplying a location or accommodations for two (2) or more manufactured homes and shall include all buildings used or intended for use as part of the equipment thereof; whether or not a charge is made for the use of the court and its facilities. Manufactured home park or subdivision (flood damage prevention). A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent. Manufactured home space (manufactured homes and parks). A plot of ground within a manufactured home park, designed for the accommodation of one manufactured home. Manufactured homes and trailer sales lot (manufactured homes and parks opened or expanded after 4- 20-72). A lot on which unoccupied trailers are parked for purposes of inspection and sale. Manufactured home court (zoning). Any plot of ground on which there are located or intended to be located two (2) or more manufactured homes to be occupied for dwelling or sleeping purposes. Mansard roof (signs). Any roof that has an angle greater than 45 degrees and which derives part of its support from the building wall and is attached to (but not necessarily a part of) a low slope roof and which extends along the full length of the front building wall or three-quarters of the length of a side building wall. For purposes of Signs, Chapter 174, a low slope roof shall mean any roof with a pitch less than 3 inches rise per 12 inches horizontal. Marquee. A permanently roofed architectural projection the sides of which are vertical and are intended for the display of signs and which is supported entirely from an exterior wall of a building. May. Is permissive. Mean sea level (flood damage prevention). For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. Meter (building regulations). For the purpose of establishing electrical permit fees for additions, alterations, repair, and new installments and to include farm buildings and owner/occupied dwellings a meter shall be defined as an apparatus to measure electrical power and an outlet shall be defined as a point on the wiring system at which current/voltage is switched, connected to a lighting fixture or March 2021 Final Redlined Draft Page 24 of 134 receptacle, connected to utilization equipment, and connected to any equipment that receives, controls, stores, consumes, and/or transfers electricity. Microbrewery/microdistillery/microwinery. An establishment for the manufacture, blending, fermentation, processing and packaging of no more than fifteen thousand (15,000) barrels of alcoholic beverages per year. It may serve alcoholic beverages for sampling on the premises and may also have wholesale and resale for sales of alcoholic beverages produced on the premises. Minimum buildable street frontage (zoning). The minimum required percentage of a lot's street frontage, established by the underlying zoning district and measured in linear feet, that is met by constructing a portion or portions of the vertical side of a building or structure within the build -to zone, subject to supplementary district regulations. Buildings may be constructed outside of the build -to -zone after the minimum required percentage has been met. Ministorage units (zoning). A structure or structures containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time. Mitigation (tree and preservation and protection). The planting of trees on -site in an effort to lessen the environmental damage caused by the injury or removal of trees during development. Mixed use structures (flood damage prevention). -are-&Structures with both a business and a residential component, but where the area used for business is less than 50 percent of the total floor area of the structure. Mobile home (zoning). A manufactured home built prior to June 15, 1976. Model home. A dwelling unit utilized for display purposes which typifies the type of units to be constructed F Formatted: Indent: First line: 0" and available for sale in a subdivision. A model home is constructed in an approved preliminary plat which has not yet received final plat and may be used to sell homes in that subdivision. The model home shall not be used as a branch real estate office for conducting business unrelated to the marketing of homes and lots within the subdivision. Monopole tower (wireless telecommunications facilities). A communications tower constructed without the use of guy wires and ground anchors and consisting of only a single pole. Monument sign (signs). A freestanding signs whose entire base is in contact with and supported by the ground. Motor vehicle (Zoning). A self-propelled vehicle that would have to be licensed to be operated on the public streets and highways. (See Chapter 14 of Title 27 of the Arkansas Code.) Motor vehicle accessory store (Zoning). Stores that sell new automobile parts, tires, and/or accessories. Motor vehicle repair and body shop (Zoning). Any property, building or portion thereof used for the service and repair of motor vehicles including major mechanical repair and body work, straightening of body parts, painting, welding, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in gasoline service stations. Mulch (physical alteration of land). A layer of leaves, straw, bark, or other organic material spread around plants to retain moisture, and to control weeds or erosion. Mullions (DDOD). Strips of wood or metal that separate and hold in place the panes of a window. Muntin (DDOD). A short vertical or horizontal bar used to separate panes of glass in a window or panels in a door. The muntin extends from a stile, rail, or bar to another bar. This term is often confused with mullion. March 2021 Final Redlined Draft Page 25 of 134 municipal streets, catch basins, curbs, putters, ditches, manmadechannels, and storm drains): (A) Which is owned or operated by a state, city, town, county, district, association, or other public management agency under section 208 of the Clean Water Act (33 U.S.C.1288) that discharges to waters of the United States; (B) Designed or used for collecting or conveying stormwater; (C) That is not a combined sewer; and (D) That is not part of a publicly owned treatment works. Native woodlands (tree preservation and protection). A biological community of trees and woody shrubs native to the Ozark Plateau, covering an area of 10,000 square feet or greater. A list of species to the Ozark Plateau may be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. Natural drainage ways (flood damage prevention, physical alteration of land). Ephemeral, intermittent and perennial streams. Chapter 169 is not concerned with ephemeral streams. New construction (flood damage prevention). For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of this development code. New development (water and wastewater impact fees, development, physical alternationalteration of land, tree preservation and protection). Construction of a new single family home structure or other impervious area (IA) and the construction or expansion of any other building or structure. The change in use of a building or structure that results in increased demand from water and wastewater facilities shall also be considered new development. New manufactured home park or subdivision (flood damage prevention). n'�aA manufactured home Dark or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the initial floodplain management regulations adopted by a community. Formatted: Font: (Default) Arial, Italic Formatted: Font: (Default) Arial Formatted: Space Before: Auto, After: Auto Formatted: Font: Italic Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial No adverse impact principle (flood damage prevention). 4s--aA principle of restricting or prohibiting land development that does harm or "adversely affects" someone else's property or land. Formatted: Font: Not Italic Nonconforming sign (signs). A sign existing on 12-19-72 which could not be built under the terms of the UDC. Nonconforming use (Airport Zone). Any pre-existing structure, object of natural growth, or use of land which does not conform to the provisions of Chapter 165 or an amendment thereto. Nonconforming structures, uses, and lots. A structure or building, use or activity, or lot which was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. Non-native woodlands (tree preservation and protection). A biological community of trees and woody shrubs, covering the area of 10,000 square feet or greater, descended from non-native species brought to the area during urban settlement. A list of typical non-native species may be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. March 2021 Final Redlined Draft Page 26 of 134 Nonresidential structures (flood damage prevention).-are-sStructures used only for commercial or public Formatted: Space Before: Auto, After: Auto purposes, such as businesses, schools, churches, etc. No -Rise Certificates (flood damage prevention). are#Formal certifications signed and stamped by a l Formatted: Font: (Default) Arial professional engineer licensed to practice in the State of Arkansas, demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that a proposed Formatted: Font: (Default) Arial development will not result in any increase (0.00 feet) in flood levels within the community during the Formatted: Font: (Default) Arial occurrence of a base flood event. Non -Traditional MS4 (stormwater management and drainage). m�eSVstems similar to separate Formatted: Font: (Default) Arial, Italic storm sewer systems in municipalities, such as systems at military bases, hospitals, public universities or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewer systems in very discrete areas such as individual buildings. 1VPDES (stormwater management and drainage, physical alteration of land). 4s-aAn acronym for the _ - Formatted: Font: Italic National Pollutant Discharge Elimination System Storm Water Discharge Permit means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC & 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Nudity or state of nudity (zoning). (A) The appearance of the bare human buttocks, anus, male genitals, female genitals or female breast. (B) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. Obstruction (Airport Zone). Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in Chapter 165. Off -site sign (signs). A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed. The term of -site sign shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message. On -site sign (signs). A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing on the same lot where such sign is displayed; provided, an on -site sign may also display a noncommercial message. Operator's permit (manufactured homes and parks) (manufactured homes and parks opened or expanded after 4-20-72). A written permit issued by the enforcement officer permitting the manufactured home park to operate under Chapter 175 and regulations promulgated thereunder. Original tower height (wireless telecommunications facilities). Height of a tower, not including any antennas, on the date of the passage of this ordinance. Outdoor advertising business (zoning). Provision of outdoor displays or display space on a lease or rental basis only. March 2021 Final Redlined Draft Page 27 of 134 Outdoor music establishment (zoning). Any business or establishment that has a garden, patio, rooftop or premises not wholly enclosed by solid walls and fully roofed in which amplified or loud music is played that could be audible at nearby residences or businesses. Outfall (StGFrnwater management, rainage criteria manual). The +e 'n ^' term drain, where the nnntpnt •�'�� �' rn�A point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and that are used to convey waters of the United States. of the channel and enter the floodplain). Parapet. A low guarding wall at the edge of a roof, terrace, or balcony Parcel (development). An area under one (1) ownership. Parking garage (DDOD). Layers of parking stacked vertically. Parking informational sign (Signs). A wall sign or a freestanding sign indicating the location of a motor vehicle parking lot and designating the persons authorized to park in said lot. The size of a parking information sign shall not exceed 4 square feet. The number of parking informational signs on a parking lot shall not exceed the number of entrances for the parking lot. Parking lot (zoning). An off-street, surfaced, ground level open area, for the temporary storage of five (5) or more motor vehicles. Parking pad (Hillside/Hilltop Overlay District). Parking areas for multi -family residential, residential office, and commercial use in the Hillside/Hilltop Overlay District. Parking space, off-street (parking and loading). A space adequate for parking an auto manufactured with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Passive open space (development). An area intended for tranquil activities such as walking, sitting, observing and the less active games like shuffleboard and croquet. Pavement width (development). The distance from inside edge of curb to inside edge of curb (flow line to flow line). Peak flow (stormwater management, drainage and erosion control). The maximum rate of flow of water at a given point and time resulting from a given storm event as defined by the City's current Design Criteria Manual. Peak flow attenuation (stormwater management, drainage and erosion control). The reduction of the peak discharge of storm runoff by storage and gradual release of that stored flow as defined by the Citv's current Design Criteria Manual. Pedestal (DDOD). The base or support of an upright structure. Percent minimum canopy (tree preservation and protection). The amount of existing tree canopy an applicant must preserve based on the zoning designation of the land to be developed. Perennial stream (physical alteration of land). A stream that carries water year round March 2021 Final Reclined Draft Page 28 of 134 Formatted: Font: (Default) Arial, Italic Formatted: Table Normal Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Permeable pavers (landscape regulations`^ wale•). A solid surface that allows natural drainage and migration of water into the earth by permitting water to drain through the surface itself or through spaces between the pavers. Person An individual, firm, limited or general partnership, corporation, company, business, association, joint stock association, organization, group of individuals, other legal entity or government entity, including a trustee, a receiver or assignee or a similar representative of any of them. Personal use (wireless telecommunications facilities). "Personal use" refers to a non-commercial use by a resident of the subject property. If any revenues are generated from the operation of the tower, it will not be for personal use as such term is used. Pet shop (zoning). A commercial establishment or facility which regularly sells pets such as dogs, cats, F Formatted: Space Before: Auto, After: Auto birds, rodents, reptiles and/or fish to the general public. Piers (flood damage prevention). )-are-cColumns of rnasearyconcrete or other structural material Formatted: Font: Italic (GOMMORIV n nt hlnnLc n AGkPd � n 4n support a n,,fanf, ,rnrl home), usualiv .nn4n nn„Inr used to support other structural members. Pilings (flood damage prevention). arasSteel tubes driven to rock or a suitable soil bearing layer and Formatted: Font: (Default) Arial connected to the foundation of a structure. Plan, General (development). The plan made and adopted by the Planning Commission and adopted by the City Council that includes studies and analysis of the population, housing and economics of the city and includes the future land use plan and the master street plan. Plan, Future Land Use (development). A part of the Comprehensive Land Use Plan made and adopted by the Planning Commission and adopted by the City Council that establishes long-range planning policies and implementation strategies to manage and guide future growth and development, consisting of a map and text. It includes general recommendations for locations of land uses. Plan, Master Street (development). A part of the Comprehensive Land Use Plan made and adopted by the Planning Commission and adopted by the City Council that classifying certain streets within the planning area jurisdiction as arterial or collector streets, consisting of a map and text. Planned Zoning District (zoning, development). A zoning district that allows for comprehensively planned developments for either single -use or mixed -use and permits development and zoning review as a simultaneous process. Plat, concept (development). A generalized sketch of an area intended to be subdivided and containing sufficient information to allow the Planning Commission to determine whether a subdivide can comply with the regulations. Plat, final (development). A complete and exact subdivision plat, prepared for official recording as required by state law, to define property boundaries and proposed streets and other improvements. Plat, preliminary (development). A preliminary plat for a subdivision shall be a formal plan, drawn to scale, indicating prominent existing features of a tract and its surroundings and the general layout of the proposed subdivision and shall meet the requirements outline in Chapter 166. Platform sign (signs). A single or double -face sign attached to a supporting base place on the ground surface. Plinth (Hillside/Hilltop Overlay District). A foundation or base, usually on the upslope side of the Hillside/Hilltop, on which a house is located. Most often a plinth is constructed by erecting a retaining wall at the street with backfill creating a level building pad for the home. March 2021 Final Redlined Draft Page 29 of 134 Plumbing fixture (building regulations). For the purposes of establishing plumbing permit fees for additions, alterations, repairs, and new installations, a plumbing fixture shall be defined as any service line and/or pipe replacement or extension and any device and equipment that receives, stores, consumes, transfers, and/or discharges liquid and/or waste. Pole sign (signs). A freestanding sign that is affixed, attached, or erected on a pole or poles that is not itself an integral part of or attached to a building or structure. Pollutant (stormwater management and drainage). ny4 �'^^ 'Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seg.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It ,+ne^+ nnn-. ( a) Sew aqe frem vessels; o h) Water gas, ar other FnAterinl .4hioh is ooto.l into well to faoilitate pre ,d„otion of eil o .^+r.r derived association w4lh oil and spr] either to gas production and disposed of in a Well, if the well is nilitefe nred6i Gtion or for disposal n ed by .a „thorn., of the Cfete in vihinh the . ell i.. Qreu or „rfnne ..inter res ou rnec Ponding (flood damage prevention). 4s-aA flooding effect where floodwaters accumulate in shallow Porch (DDOD). An open, roofed structure attached to and structurally a part of the main building that is not more than 75% enclosed by walls and is not heated or cooled. Portable swinger sign and A -frame or sandwich sign (signs). An advertising device which is ordinarily in the shape of an "A" or some variation thereof, located on the ground, easily movable, not permanently attached thereto and which is usually two (2) sided. Formatted: Font: Italic Formatted: Space Before: 0 pt, After: 0 pt Formatted: Table Normal Formatted: Space Before: Auto, After: Auto Formatted: Font: Not Italic Portable temporary attraction sign board (signs). A single or double -surface painted or poster panel type t Formatted: Space Before: Auto, After: Auto sign or some variation thereof, which is temporary in nature, usually mounted on wheels, easily movable, and not permanently attached thereto. stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a drainage permit issued per Chapter 170 and the City's current Drainage Criteria Manual. Precision instrument runway (Airport Zone). A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document. Prefabricated construction (zoning). Any structure built off -site excluding manufactured homes. Primary surface (airport zone). A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in §165.01. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Principal dwelling unit (zoning). A principal dwelling unit is the primary and larger of two dwelling units located on a single lot. March 2021 Final Redlined Draft Page 30 of 134 Formatted: Font: (Default) Arial, Italic Formatted: Font: (Default) Arial, Italic Principal tagade. The front plane of a building that faces a public street including porches and balconies, but not including stoops, awnings or canopies (whether or not attached to the building). Private open space (development). The outdoor living area directly adjoining a dwelling unit or building, intended for the private enjoyment of the residents or occupants of the dwelling unit or building and defined in such a manner that its boundaries are evident. Projected bay (DDOD). A window or series of windows forming a bay in a room and projecting outward from the wall. Projecting sign (signs). Any sign that shall be affixed at an angle or perpendicular to the wall of any building in such a manner to read perpendicular or at an angle to the wall on which it is mounted. Protected Streams Map (flood damage prevention). 4&4The official map adopted by the Fayetteville City Council, and revised as required administratively for annexed areas, indicating the point where at least 100 acres drains into a waterway and the requirements of the streamside protection zone apply downstream. Public grounds (tree preservation and protection). Areas including street rights -of -way, alleys, parks, medians, substations, treatment plants, plazas, squares, public buildings and any other area designated for public use. Public open space (development). Open space, including but not limited to, any park, lake, stream, playground, or natural area commonly open to the public. syrfaGps such as ronfis. RA'n bArrp's usually inGlude a hole at the top to allpi - A� �A - @tLzr t flow in, a sealed lid, aR overflow pope or hese, and a spigot to dispeRse water. By haldiRg and FeUSiRg raiRwater, raiR barrels roil mp stormwater r nofr from s tes and conserve notable water. Rain garden (StOR ,:.atateflow impact development). An attractive landscaping feature planted with perennial native plants. It is a bowl -shaped garden, designed to absorb stormwater run-off from impervious surfaces such as roofs and parking lots. Real estate sign (signs). Temporary sign placed upon property for the purpose of advertising to the public the sale or lease of said property. Rear access lane A publicly or privately owned secondary way that affords access to the side or rear of abutting property. Recreational structure (development). Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground that has a primary use that is recreational in nature. Among other things, recreation structures include tennis courts, basketball courts, swimming pools and jogging trails. Recreational vehicles (flood damage prevention) means a vehicle which is. (i) Built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) Designed to be self-propelled or permanently towable by a light duty truck; and (iv) Designed primarily not for use as a permanent dwelling but as temporary living quarters for Formatted: listl recreational, camping, travel, or seasonal use. March 2021 Final Redlined Draft Page 31 of 134 as a lake, or by structures surh as a darn or bridge, or by Political or legal hounds. In. the ahspnrp of complete information to define or Ps-timate a onp hundred (100) year flood, an interim regulatory area may Regulatory floodway (flood damage prevention). See: "F000dway." Relic orchard (tree preservation and protection). Groups of fruit trees originally planted for agricultural purposes, but since taken out of production. Remedy a violation (flood damage prevention). To bring the structure or other development into compliance with state or local floodplain management regulations, or, if it is possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this development code, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. Remove (signs). Remove shall mean: (A) The sign face, along with the posts, columns, or supports of freestanding signs, shall be taken down and removed from the property. (B) The sign face and supporting structures of "projecting", "roof' or "wall" signs shall be taken down and removed from the property. (C) The sign face of "painted wall signs" shall be removed by painting over the wall sign in such a manner as to completely cover up and hide from sight the sign in question. Residential driveway (streets and sidewalks). A driveway on public property adjacent to a public street or highway to provide entrance to or exit from residential property for the exclusive use and benefit of those residing therein. Residential zone (streets and sidewalks). Any one (1) side of a block in which 50% or more of the frontage of that side is used for residential purposes. Retail (DDOD). The sale of commodities or goods in small quantities to ultimate consumers. Retail liquor store (zoning). Any business engaged primarily in the retail sale of spirituous, vinous or malt beverages or light wine or beer as said terms are defined by A.C.A. §3-1-102, §3-1-103 and §3-5-202 for off -premises consumption. Retaining wall (physical alteration of land). A structure erected between lands of different elevation to protect structures and/or prevent erosion from the upper slope. Retaining wall height (physical alteration of land). The height of a retaining wall, for setback purposes, shall be defined as the vertical distance from the top of the wall to the ground surface of the low side. Retention (stermwate..,,.,nagement drainage and erasion Pentreflandscape regulations). The use of complete storage to prevent the discharge of a given volume of stormwater runoff into surface waters. Right-of-way (development). The land opened, reserved or dedicated for street, walk, drainage or other public purposes. Riparian (tree preservation and protection low impact development). Of, relating to, or located on the bank of a river or stream. Riparian buffer (tree preservation and protection, low impact development). A biological community consisting of trees, woody shrubs and groundcover that exists along the banks of rivers, creeks or intermittent and perennial streams. March 2021 Final Redlined Draft Page 32 of 134 Rip -rap (physical alteration of land). A loose assemblage of stones placed on ground to prevent erosion. Rip -rap shall be sized so that displacement does not occur due to velocity of water. Risk zones categorize special flood hazard areas into groupings by the specific risk of flooding. Zones A. AE, AO, and AH are special flood hazard areas. See "X Risk Zones" in this section. Riverine (flood damage prevention). Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Riverine flooding (flood damage prevention). is-fFlooding associated with a river or stream channel. Roof sign (signs). Any sign wholly erected, constructed or maintained on the roof structure or parapet wall of any building. Runoff reduction method. 4Refers to the use of Green Stormwater Practices as described in the City's current Drainage Criteria Manual, to control stormwater runoff volume by attempting to mimic a site's natural hydrology through the use of design techniques that promote infiltration, filtration, storage, and evapotranspiration. Runway (Airport Zone). A defined area on an airport prepared for landing and take -off of aircraft along its length. Rural street (development). A street located, or to be located, outside the city limits of the city but within the planning area jurisdiction of the city. RV (flood damage prevention). 4s4The acronym for recreational vehicle. Safety zone (streets and sidewalks). All parts of the street or highway right-of-way between the curb or shoulder line and the right-of-way line along the property frontage, except those areas contained in the access driveways. Screw augers (flood damage prevention). ­aFe-aAny type of anchor that twists into the soil, typically to a depth of 4 feet or more. They are not suitable for securing manufactured homes against floodwaters because saturated grounds often soften and fail to hold the anchor in place. Section 404 Wetlands Permit (flood damage prevention). 4s-aA permit required under Section 404 of the Clean Water Act for the discharge of dredged and fill material into any surface water of the United States. The US Army Corps of Engineers issues Section 404 permits. Sediment basin (physical alteration of land). A temporary depression in a waterway designed to trap sedimentation before entry into the stormwater system or natural drainage ways. Separate offense (tree preservation and protection). In relation to trees, each tree is a separate offense. Service building (manufactured homes and parks) (manufactured homes and parks opened or expanded after 4-20-72). A building housing toilet and bathing facilities for men and women with laundry facilities and such other facilities as may be required by Chapter 175. Setback (zoning). A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure 30 inches above the general ground level of the graded lot upward, provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. An architectural projection, such as an eave, utility chase, chimney or bay window shall not be considered to be in violation of a setback requirement as long as the projection does not intrude into a public right-of-way or extend more than 3 feet into a setback. A projection which encroaches into a setback shall not come closer than 3 feet to a property line. March 2021 Final Redlined Draft Page 33 of 134 Setback lines or building lines (development). A line on a plat generally parallel to the street right-of-way, indicating the limit beyond which buildings or structures may not be erected except as provided in ordinances. Setback, front (zoning). (A) A setback extending between side lot lines across the front of a lot adjoining a public street. In the case of through lots, unless the prevailing front setback pattern on adjoining lots indicates otherwise, front setbacks shall be provided on all frontages. (B) Depth of required front setbacks shall be measured at right angles to a straight line joining the foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lines would have met without such rounding. Setback, rear (zoning). (A) A setback extending across the rear of the lot between inner side setback lines. In the case of through lots and corner lots, there will be no rear setbacks, but only front and side setbacks. (B) Width of a required rear setback shall be measured in such a manner that the setback established is a strip of the minimum width required by the district regulation with its inner edge parallel with the rear lot line. Setback, side (zoning). (A) A setback extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side setbacks shall extend from the rear lines of front setbacks required. In the case of corner lots, yards remaining after full front setbacks have been established shall be considered side setbacks. (B) Width of a required side setback shall be measured in such a manner that the setback established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line. Setback, special (zoning). A setback behind any required setback adjacent to a public street, required to perform the same functions as a side or rear setback, but adjacent to a lot line so placed or oriented that neither the term "side setback" nor the term "rear setback" clearly applies. Sexually oriented business (zoning). An adult arcade, adult bookstore or adult video store, adult cabaret, adult motion picture theater, or adult theater. SFHA (flood damage prevention). 4s4The acronym for special flood hazard area. Formatted: Font: Not Italic Shall (zoning). Is mandatory. Shallow flooding (flood damage prevention). Flooding at neanT a depth of less than 3 feet. Shed roof (DDOD). A roof type with one high pitched plane covering the entire structure. Shielding (outdoor lighting) means that no part of the lamp or bulb is visible below the horizontal plane of the fixture where light is emitted. The lamp or bulb shall be completely enclosed within the fixture. The top and sides of the fixture above the horizontal plane shall be 100% opaque. Shopping center (signs). Two (2) or more retail stores and/or service establishments, or one (1) retail store and one (1) service establishment, sharing customer parking areas, regardless of whether said stores and/or establishments occupy separate structures or are under separate ownership. March 2021 Final Redlined Draft Page 34 of 134 Sign (signs). Only those commercial and non-commercial signs that are in view of the general public from a public right-of-way or public property shall be regulated pursuant to Chapter 174, Signs. Signs within buildings not generally visible outside the building are not regulated. (1) Non-commercial sign. A device or display including flags and attraction devices commonly referred to as a sign that does not advertise a product or service or relate to a business purpose, does not propose a commercial transaction nor relate to economic interests including offices and studios. (2) Commercial sign. A device or display including flags and attraction devices commonly referred to as a sign that does not meet the definition of a non-commercial sign nor a government sign. (3) Government sign. A device or display including flags commonly referred to as a sign that is installed, owned, required or controlled by the City of Fayetteville, County of Washington, State of Arkansas, the United States of America or any agencies or subdivisions of such governmental bodies. (4) Artistic murals. Artistic murals hand painted on a building's wall without advertising, commercial logos or depictions of commercial activities are not signs for the purposes of Chapter 174, Signs. Significant tree (tree preservation and protection). A tree with a diameter at breast height (DBH) of 24 inches or more for fast growth species, 18 inches or more for slow and moderate growth species, and 8 inches or more for understory species, as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. A tree may also be considered significant because of advanced age for its species, or because it represents an uncommon or endangered species, or due to its location on a site designated as historic by local, state or federal authorities. Single housekeeping unit (zoning). A dwelling unit with common access to and common use of all living and eating areas an all areas and facilities for the preparation, serving and storage of food within the dwelling unit. Site (physical alteration of land). Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. Slab anchors (flood damage prevention). -are-aAnchors where the hook of the anchor is wrapped around a horizontal rebar in the slab before the concrete is poured. Slope (physical alteration of land). An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Special flood hazard areas (flood damage prevention).-afe-aGeographical areas identified on FEMA flood maps as being at -risk for flooding. The maps further categorize these areas into various flood risk zones A, AE, AH, and AO. Formatted: Font: Not Italic Specified anatomical areas (zoning). (A) Less than completely and opaquely covered human genitals, pubic region, buttock(s), and female breast below a point immediately above the top of the areola; and (B) Human male genitals in a discernible turgid state, even if completely and opaquely covered. Specified sexual activities (zoning). (A) Human genitals in a state of sexual stimulation or arousal; (B) Acts of human masturbation, sexual intercourse, or sodomy; (C) Fondling or other erotic touching of human genitals, pubic region, buttock(s) or female breast. Spotlight or floodlight (outdoor lighting) means any lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction. March 2021 Final Redlined Draft Page 35 of 134 Spot light illumination (signs). Illumination which comes from lamps, lenses or devices designed to focus or concentrate the light rays of the source. Stabilization (physical alteration of land). That which is attained once the site is restored to its pre - development state in terms of soil stability and irritability. Start of construction (flood damage prevention). T4s4he The date the building permit is issued for either new construction or substantial improvement, provided the actual start of construction, repair, reconstruction, replacement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, beyond excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation or the installation of streets and/or walkways, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. State coordinating agency (flood damage prevention). T44he agency that acts as a liaison between FEMA and a community for the purposes of floodplain management. The ^Fkansas Nat, rat Rpsn,,rees SertffnissiGnArkansas Department of Agriculture Natural Resource Division is the State Coordinating Agency for Arkansas. Stealth technology (wireless telecommunications facilities). Systems, components and materials used in the construction of wireless communications facilities to make it compatible with the surrounding property. Stoop (DDOD). A small platform and / or entrance stairway at a door, commonly covered by a secondary roof or awning. Storefront. The portion of a building at the first story of a retail frontage that is made available for retail use. Stormwater (stormwater management, drainage and erosion control). The runoff flow -of -water that results from and occurs immediately following a rainfall event. Stormwater facility (landscape regulations, physical altematieaalteration of land, stormwater management, drainage and erosion control). A facility designed to meet the requirements for stormwater management. For the purposes of Chapters 169 and 170this �,o,^"^n, stormwater facilities refer primarily to detention ponds. Stormwater man gement drainage and arosion noWrol permit (stermwater management, draiRage and of Chapter 170 Stormwater management plan (stormwater management, drainage and erosion control). A plan for receiving, handling, and transporting storm and surface waters within the city's stormwater management system. Stormwater management system (stormwater management, drainage and erosion control). All natural and man-made elements used to convey stormwater from the first point of impact with the surface of the earth to a suitable outlet location internal or external to the boundaries of the City of Fayetteville. The stormwater management system includes all pipes, channels, streams, ditches, wetlands, sinkholes, detention/retention basins, ponds, lakes, and other stormwater conveyance and treatment facilities whether public or private. _Stormwater sizing criteria�(stormwater management, drainage and erosion control). Development protects applying for a Grading and Drainage Permit shall meet the Minimum Standards related to stormwater runoff and protection of existing water bodies and properties. These stormwater sizing criteria must be _ Criteria Manual. March 2021 Final Redlined Draft Page 36 of 134 Formatted: Font: (Default) Arial, Italic Formatted: Table Normal Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Story (building height). Building height when measured in stories shall be as defined by the International Building Code. Stream (flood damage prevention). Dos -defined for the purposes of Chapter 168, Flood Damage Prevention, as single lines with no floodplain or floodway defined as illustrated on the Citv's current —A peFiadiGally. Strearns de not Ins,- their Ahararler as A wateFGE)UFSe even though the watGF may dry up. Fe thepyFlaose of this erdi ,ante strea..ms are rlpf'npd on the Flood Insurance Rate Map as single Iine6 with Stream corridor (stormwater management, drainage and erosion control). The landscape and physical features on both sides of a stream, including soils, slope, and vegetation, whose alteration can directly impact the stream's physical characteristics and biological properties. Streamside protection zones (flood damage prevention). afe aAreas generally, but not always, made up of trees.- asaaNy-and accompanied by shrubs and other vegetation along a stream, river or shoreline that is managed to maintain the integrity of the waterway and to reduce pollution. Formatted: Font: Not Italic Street (development). A strip of land, including the entire right-of-way, intended primarily as a means of vehicular and pedestrian travel which may also be used to provide space for sewers, public utilities, trees and sidewalks. Street, arterial (development). A street or road of considerable continuity which serves or is intended to serve as the principal traffic way between separated areas or districts which is the main means of access to the primary street system or expressways. Street, collector (development). A street which in addition to serving abutting properties, intercepts minor streets, connects with community facilities and carries neighborhood traffic to the major arterial street system. Where possible, houses should not front on collector streets. Street, frontage (development). A minor street which is generally parallel to and adjacent to a major highway or railroad right-of-way and which provides access to abutting properties and protection from through traffic. Street line (zoning) (streets and sidewalks). The right-of-way line of street. Street, minor (development). A street used primarily to provide access to abutting properties. Street right-of-way (development). The area designated for city improvements on both sides of the street. Streets (streets and sidewalks). Of higher use designation than collector street, including arterial streets and expressways as defined in Ordinance No. 1750 of the City of Fayetteville, Arkansas. Structural development (flood damage prevention). 4s-aA development that includes the placement or construction of a structure. Structure (flood damage prevention). Refers 4efers-to any building with two (2) or more rigid walls and a fully secured roof on a permanent site or to any gas or liquid storage tank that is principally above ground. Formatted: Font: Not Italic Structure (Airport Zone). An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines. Structure or building (zoning). Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, manufactured homes, walls, fences, billboards and poster panels. March 2021 Final Redlined Draft Page 37 of 134 Subdivider (development). A person, firm or corporation undertaking a subdivision as defined in Chapter 166, Development. Subdivision (development). The subdividing of land into lots and blocks, the parceling of land resulting in the need for access or utilities, or the dividing of an existing lot or parcel into two (2) or more lots or parcels. Substantial damage (flood damage prevention). Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. period, either: (A) Before the improvement or repair is started; or started within the past 5-year period. this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (a) Any protect for improvement or a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (b) Any alteration of a structure listed on the National Register of Historic Places, or a state inventory of historic places provided that the alteration will not preclude the structure's continued designation as an historic structure., Suburban (development). Located outside the corporate city limits, but within the city's planning area. March 2021 Final Redlined Draft Page 38 of 134 Formatted: Not Highlight Formatted: Not Highlight Formatted: Space Before: Auto, After: Auto Formatted: Font color: Auto, Not Highlight Formatted: Not Highlight Formatted: Font color: Auto, Not Highlight Formatted: Not Highlight Formatted: Not Hiahlioht Formatted: Font color: Auto, Not Highlight Formatted: Not Highlight Formatted: Font color: Auto, Not Highlight Formatted: Indent: Left: 0.5", Space Before: Auto, After: Auto Formatted: Not Hiahlioht Formatted: Space Before: Auto, After: Auto Formatted: Font color: Auto, Not Highlight Formatted: Not Highlight Tandem lot. A lot which has less than 50% of the required frontage on a public street and which is located behind a conforming lot or a portion of a conforming lot. Telecommunications (wireless telecommunications facilities). The transmission, between or among points as specified by the user of information of the user's choosing, without change in the form or content of the information as sent and received. Terne (DDOD). An alloy of lead with about 15% tin. Used to coat sheet steel to inhibit corrosion. Terrace (physical alteration of land). A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Top of bank (flood damage prevention). +s-tThe point along a streambank where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high water stage. Topping (tree preservation and protection). Also referred to as stubbing, dehorning, pollarding and heading; it is the severe removal of the tree canopy back to large stubs. Tower or communications tower (wireless telecommunications facilities). Any structure that is designed and constructed for the primary purpose of supporting one or more antennas, including lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common -carrier towers, cellular telephone towers, alternative tower structures, and the like. This term is not intended to describe buildings or other structures that have been constructed primarily for a purpose other than supporting one or more antennas, despite the fact that such structure may currently, or in the future, actually support one (1) or more antennas. Towing impound yard (Zoning). A facility operated for the temporary storage of towed motor vehicles that are to be claimed by their title holders or agents, or transported to a repair shop. Towing service (Zoning). An establishment that provides for the removal of a motor vehicle by towing, carrying, hauling or pushing from public or private property when such vehicle has been ordered to be impounded to a public or private impound yard. This shall not include a "motor vehicle repair and body shop" use that has a tow truck and services vehicles on -site. Transitional surfaces (Airport Zone). A surface extending outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of 7 feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Travel trailer (zoning). A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding 8 feet. Tree (Airport Zone). Any object of natural growth. Tree (tree preservation and protection). Any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normally attaining a trunk diameter greater than 3 inches at DBH and a height of over 10 feet. Tree preservation area (tree preservation and protection). Those areas designated for the protection of both preserved and planted trees depicted on a tree preservation plan, abbreviated tree preservation plan, preliminary plat, large scale development, or site plan. Tree preservation plan (tree preservation and protection). A site plan that delineates tree preservation areas and details measures to be taken to ensure protection and survivability of trees to be saved, prior to and during construction. March 2021 Final Redlined Draft Page 39 of 134 Tree registry (tree preservation and protection). A list of trees registered with the city due to documented historic association, rare tree species or extraordinary value because of their age, size or type. Tree surgery (tree preservation and protection). Includes cavity filling/repair, bracing, cabling, and wound treatment. Turret (DDOD). A small tower or tower -shaped projection on a building. U Unifiprl Roil Qas ifiGatien System ( hysiGal alteFatien of 'and). A systern adopted jointly by the GOFPS Of arrar n.a lGe as engineering GtF Gtien Fnat arial Unit (building regulations). A product or equipment used in heating and air conditioning, refrigeration, ventilation, or process cooling and heating system. Undhvorsal soilless equation (physiGal alte-ratien of land). An equation that was developed by USDA to determine Prns'nn based rainfall, semi irritability, slepe, length of slope, plant Gover, and MWIGhing. Urban (development). Located within the corporate city limits. Urban Forester (tree preservation and protection, landscape regulations). The person who is responsible for the administration of Tree Preservation and Protection, Chapter 167 and Landscape Regulations, Chapter 177. Also known as Landscape Administrator. Urban Forestry Advisory Board (tree preservation and protection). An advisory committee appointed by the City Council to assist the Urban Forester with city beautification and the management of its trees. Urban street (development). A street located, or to be located, within the city limits. Use buffer (tree preservation and protection). Trees or other woody shrubs that serve to screen incompatible land uses, unwanted light, or noise. Used or occupied (zoning). Include the words "intended", "designed", or "arranged to be used or occupied." Uses vulnerable to floods (flood damage prevention\\ eYrin�nl•°^ ). aAny land or structural uses that may be negatively affected by a flood. when speGifiG enfn_Fr_P_mPnt wn, ild rpq- -it ­nnPPPqs ry hardship. A variance, therefore, permits GARStr1_1G4iAR or developmeRt OR a maRRer othepwvise pFohibited by this erdiRaFiGe. (For full requirements .. §60 R of the N atmen al Reed IRS_UF ante F2FO F aan r ul atiens \ unnecessary and undue hardship Veterinary small animal out -patient clinic (zoning). An office where vaccination and treatment of small animals is performed; where no x-rays, surgery or treatments requiring hospitalization are performed; where no overnight boarding is permitted; and where no after-hours or weekend emergency services are performed. View obscuring vegetation (zoning). A screen of live plant material that is opaque from the ground to a height of at least 6 feet intended to exclude visual contact between uses and to create a strong March 2021 Final Redlined Draft Page 40 of 134 impression of special separation during all seasons of the year. At maturity, the screen shall be considered to be view obscuring if there are no openings of greater that one square foot. Violation (flood damage prevention). The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Chapter 168 is presumed to be in violation until such time as that documentation is provided. Visual runway (Airport Zone). A runway intended solely for the operation of aircraft using visual approach procedures. W Wall sign (signs). Any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of Chapter 174, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the face of the building marquee, building awning, or a building canopy shall be considered a wall sign. Wastewater system improvements (water and wastewater impact fees). Capacity -enhancing improvements to the facilities for the transmission, treatment, reclamation and disposal of wastewater. Lift stations, force mains and gravity mains or excluded from the definition of wastewater system improvements. Water surface elevation (flood damage prevention). The height, in relation to the VertiG^i Datum rnNorth American Vertical Datum (NAVD) of 1988 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of seastal or riverine areas. Water system improvements (water and wastewater impact fees). Capacity -enhancing improvements to the facilities for the supply, storage, transmission and distribution of potable water, excluding water lines less than 8 inches in diameter and other lines that are the minimum size needed to serve an individual development project. Watercourse alteration (flood damage prevention). 4Refers to any change that occurs within the banks of a watercourse. Windblown sign (signs). Any flag, pennant, balloon, spinner, or blimp Wireless communications facility (WCF) (wireless telecommunications facilities). A land use facility that transmits and/or receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications. It includes antennas, microwave dishes, horns and other types of monopoles, or similar structures supporting said equipment, equipment buildings, shelters or cabinets, and other accessory development. Wireless communications facility includes personal wireless services as defined in the Federal Telecommunications Act of 1996, and as subsequently amended. X_ X risk zones (flood damage prevention). -are-aA special group of insurance risk zones. One (1) type, shown as non -shaded areas on FEMA issued flood maps, indicates a zone where "^^d"n^'� ^^' Hof minimal flood risk. The second type, shown as shaded areas of FEMA flood maps, indicates a flood hazard area that is expected to be affected by the five hund red (500) year flood, but not by the one hundred (100) year base flood. (Code 1965, §§13A-1; 13B-1; 17B-7(a0, 19-24, 1713-2; App. A, Art. 17; App. B, §1; App. C, Art. 1, §D; Ord. No. 1509, 8-8-66; Ord. No. 1747, 6-20-70; Ord. No. 1790, 3-15-71; Ord. No. 1801, 6-21-71; Ord. No. 1859, 3-20-72; Ord. No. 1893, 12-19-72; Ord. No. 1998, 5-7-74; Ord. No. 2581, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 2753, 8-18-81; Ord. No. 2789, 1-18-82; March 2021 Final Redlined Draft Page 41 of 134 Formatted: Heading 4 Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3011, 6-5-84; Ord. No. 3024, 8-21-84; Ord. No. 3231, 12-2-86; Ord. No. 4024, §2, 3-28-87; Ord. No. 3298, 10-6-87; Code 1991, §§98.60, 118.01, 150.02, 156.001, 156.065, 158.03, 158.35, 159.04, 160.002, 160.096(A), 160.121, 161.06, 162.02, 163.02; Ord. No. 3551, 6-4-91; Ord. No. 3138, 11-5-85; Ord. No. 3165, 2-4-86; Ord. No. 3699, §2, 4-20-93; Ord. No. 3780, §1, 4-19-94; Ord. No. 3794, §1 5-17-94; Ord. No. 3870, §1, 4-1-94; Ord. No. 3895, 6-20-95; Ord. No. 3901, §1, 2, 7-5-95; Ord. No. 3908, §1, 7-18-95; Ord. No. 3970, §1, 7-18-95; Ord. No. 3913, §1, 8-1-95; Ord. No. 3963, §1, 4-16-96; Ord. No. 3970, §1, 5-7-96; Ord. No. 3971, §1, 5-21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, 8-18-98; Ord. No. 4127, 12-15-98; Ord. No. 4178, 8-31-99; Ord. No. 4226, 2-15-00; Ord. No. 4285, 1-2-01; Ord. No. 4321, 6-19-01; Ord. No. 4340, 10-2-01; Ord. 4714, 6-21-05; Ord. No. 4817, 1-03-06; Ord. No. 4847, 3-7-06; Ord. No. 4855, 4-18-06; Ord. No. 4919, 09-05- 06; Ord. No. 4930, 10-03-06; Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5056, 9-04-07; Ord. No. 5128, 4-15-08; Ord. No. 5206, 12-16-08; Ord. No. 5238, 5-5-09; Ord. No. 5296, 12-15-09; Ord. No. 5304; 1-19-10; Ord. No. 5312, 4-20-10; Ord. No. 5313, 4-20-10; Ord. No. 5327. 6-1-10; Ord. No. 5339, 8-3-10; Ord. No. 5352, 9-7-10; Ord. No. 5348, 9-7-10; Ord. No. 5375, 12-21-10; Ord. No. 5453, 10-18-11; Ord. No. 5490, 4-3-12; Ord. No. 5526 9-18-12; Ord. No. 5559, 01-03-13; Ord. No. 5592, 06-18-13; Ord. No. 5634, 11-05-13; Ord. No. 5653, 01-21-14; Ord. No. 5679, 4-15-14; Ord. No. 5735, 1-20-15; Ord. No. 5793, 8-18-15; Ord. No. 5866, §1, 4-5-16; Ord. No. 5888 , §1, 6-21-16; Ord. No. 5901 , §1, 9-6-16; Ord. No. 5951 , §1, 2- 7-17; Ord. No. 5986 , §3, 7-6-17; Ord. No. 6015, §2, 11-21-17; Ord. No. 6087, §1, 9-4-18) Chapter 152: - ADMINISTRATION CHAPTER 153: - ENFORCEMENT 153.02 - Right Of Entry And Inspection LLb4 Zoning and Development. For properties on which an active zoning or development application is made, development review staff, and elected and appointed officials shall have the right of entry and inspection. (B) Tree Preservation and Protection. The Landscape Administrator shall have the right to inspect the sites Formatted: Numbered + Level: 1 + Numbering Style: within the city involving tree preservation plans, tree preservation in rights -of -way and public grounds, A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: significant trees that constitute a hazard or a threat, and trees involving variance requests, or as 0^ + Indent at: 0.25" otherwise required under the Code of Fayetteville. 1CL(W Physical Alteration of Land. In applying for a grading permit, the applicant shall be deemed to have consented to an inspection to determine whether construction is proceeding according to the grading plan. QL(C} Manufactured homes. The Health Officer shall have the power to enter at reasonable times upon any manufactured home park for the purpose of inspecting and investigating conditions relating to the enforcement of Chapter 175, or of regulations promulgated thereunder. rwr wnsuucuun xurrnwdter rmdndyenrent dnu Urdrnaye. ur dupiyuiy iur a yrduing anu wemage�; -I Formatted: Font: Italic permit, the applicant shall be deemed to have consented to the verification of "as built' stormwaterFFormtted: l features as well as routine inspection of features within the public right-of-way or with drainage Numbered + Level: 1 + Numbering Style: easements. , ... + Start at: 1 + Alignment: Left + Aligned at: dent at: 0.25" (Code 1965, §13B-6; Ord. No. 1859, 3-20-72; Code 1991, §§156.071(B), 161.14, 162.08; Ord. No. 3551, 6-4-91; Ord. No. 3699, §8, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 4100, §2 (Ex. A.), 6-16-98) March 2021 Final Redlined Draft Page 42 of 134 153.07 - Stop Work Order (A) Remedial Work. (1) A stop work order may be issued if remedial work is not being undertaken. (2) When the city has performed remedial work, a stop work order shall be issued and shall remain in effect until payment has been received for the work performed. (B) Failure to Obtain Permit or Plan. A stop work order maybe issued for all work being performed without required permits or plans. (C) Noncompliance/Tree Preservation Plan. The Landscape Administrator may issue a stop work order directing the parties involved to cease and desist all work which does not comply with the tree preservation plan. (D) Noncompliance/Grading and Drainage Plan. The City Engineer may issue a stop work order directing the parties involved to cease and desist all work which does not comply with its grading and drainage plan. (E) Noncompliance/Repeat Offenders. The City Engineer may issue an immediate stop work order directing the parties involved to cease and desist all work onsite for parties which have been cited Previously. (Code 1991, §§161.20(A), (B), 163.12(A)(2); Ord. No. 3551, 6-4-91; Ord. No. 3895, §1, 6-20- 95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98) CHAPTER 154: -AMENDMENTS CHAPTER 155: - APPEALS 155.06 -Appeals From Staff Interpretations/Actions (A) Appeals to City Council. The following staff interpretations/actions may be appealed to the City Council by an owner of record of the property in question or an alderman on behalf of a resident of the city: (1) Zoning and Development Administrator. (a) Design Overlay District requirements. The decision of the Zoning and Development Administrator not to exempt property from the Design Overlay District requirements as allowed in §161.28(G). (b) Development Matters. An interpretation or decision of the Zoning and Development Administrator regarding development matters, including subdivisions, large scale developments, parking and loading, and outdoor lighting may appeal. (2) City Engineer. (a) Stormwater, Drainage, and Erosion Control Requirements. The decision of the City Engineer to issue a violation notice related to these requirements. (b) Development Matters. An interpretation or decision of the City Engineer regarding development matters, including grading, drainage, water and sanitary sewer systems, and storm drainage systems may appeal. (c) Floodplain Regulations. The decision of the Floodplain Administrator, provided that the City Council shall hear and decide an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of Chapter 168. March 2021 Final Redlined Draft Page 43 of 134 (d) Streamside Protection Zones. An interpretation or decision of the City Engineer concerning the regulated uses, structures and activities, streamside boundary location or land use exemptions. (3) Urban Forester —Landscape and Tree Preservation and Protection requirements. Decisions of the Urban Forester related to landscape and tree preservation and protection requirements. (4) Impact Fee Administrator. Any person aggrieved by any decision of the Impact Fee Administrator made in the enforcement or administration of Chapter 159 Fees. (B) Appeals to the Board of Adjustment. The following interpretations and decisions maybe appealed by an owner of record of the property in question or an alderman on behalf of a resident of the city to the Board of Adjustment: (1) Zoning and Development Administrator —Zoning. An interpretation or decision of the Zoning and Development Administrator regarding zoning matters may appeal. (2) Building Safety Division Director —Airport Zone. Any person aggrieved, or any taxpayer affected by any decision of the Building Safety Division Director, made in the administration of Airport Zone, Chapter 165, may appeal. (C) Appeals to the Planning Commission. (1) Required Dedications and Improvements. (a) An owner or developer who is aggrieved by the requirements of the Unified Development Code for land, right-of-way or easement dedications, construction of on -site or off -site improvements, or payments in lieu of any dedication or improvement, which are in excess of the "rough proportionality" of the impact of the development upon the city's infrastructure or services may appeal such requirement to the Planning Commission as a part of the submission of the preliminary plat, large scale development, subdivision, building permit, lot split, grading permit, floodplain development permit, or otherwise within 10 days of notification of such development requirements. The appeal must be presented to the Planning Division in writing and state the grounds, or reasons for the appeal. (b) The Planning Commission shall determine after public hearing whether the required dedications and improvements meet the "rough proportionality" of the impact of the development on city infrastructure and services. If the requirements are in excess of the "rough proportionality," the Planning Commission is empowered to modify or reduce such requirements to achieve "rough proportionality." (2) Administrative Approvals. (a) A resident of the city or an owner/developer who is aggrieved by a decision of the Zoning and Development Administrator regarding development matters that are approved administratively, as required by Chapter 166.02(C) may appeal the decision to the Planning Commission. The appeal shall be submitted in writing to the Planning Division within 10 days of the final decision. The appeal shall be limited to the applicable approval or denial criteria as follows: (i) The development plan is not submitted in accordance with the requirements of Chapter 166 of the Fayetteville Unified Development Code. (ii) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by Chapter 166 of the Fayetteville Unified Development Code. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant March 2021 Final Redlined Draft Page 44 of 134 due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development or preliminary plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with UDC Ch. 166 pertaining to required on -site and off -site improvements. (b) The appellant must include in the letter of appeal the specific code section with which the development application does not comply. (c) The Planning Commission shall determine after public hearing whether the interpretation or discretionary decision should be upheld or modified in part or in whole. (D) Appeals to the Construction Board of Adjustment and Appeals. When the administrative authority under Chapter 173 shall disapprove an application, or the applicant is aggrieved by the interpretation of the administrative authority, the applicant may appeal the decision to the Construction Board of Adjustment and Appeals. (Code 1965, §17B-11.2(d), (e), App. A., Art. 10(6), 19(2), App. B, §III, App. C., Art. 10(6), 19(2), App. B, §III, App. C., Art. V, §A; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No. 2109, 6-375; Ord. No. 2252, 7-6-76; Ord. No. 2538, 7-3-79; Ord. No. 2585, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-14-88; Code 1991, §§150.03, 158.67(B), 158.68(A), (B), 159.65, 160.048, 160.172, 160.176(A), (B), 161.11, 162..03(B), (C), 163.10(D); Ord. No. 3551, 6-4-91; Ord. No.3587, §1, 1-7-92; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93, Ord. No. 3806, §1, 6-28-94;Ord. No. 3895, §1, 6-20-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3925, §7, 10-3-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4368, §2, 2-5-02; Ord. No. 4377, §§1, 2, 3-5-02; Ord. No. 4652, 12-07-04; Ord. No. 5206, 12-16-08; Ord. No. 5296, 12-15-09; Ord. 5390, 3-1-11) CHAPTER 156: -VARIANCES CHAPTER 157: - NOTIFICATION AND PUBLIC HEARINGS CHAPTER 158: - BONDS AND GUARANTEES 158.02 - Excavation In Public Rights -Of -Way Sash Bond. No Derson shall make anv excavation of a street or Dublic riaht-of-wav unless a Gash bond is first deposited -issued with to the city for the purpose of guaranteeing repair and replacement of said street or public right-of-way. Said sask}bond shall be in an amount equivalent to the estimated cost of properly repairing and replacing said street or public right-of-way, as determined by the MayeF OF his duly a therized re presentativeCity Engineer. (Code 1991, §161.23; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98) March 2021 Final Redlined Draft Page 45 of 134 CHAPTER 159: - FEES 159.01 - Fees/Schedule (A) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost of public notices and such other expenses as may be incurred in connection with processing of applications, plan reviews, amendments, permits, variances and other matters pertaining to the UDC. An alderman may present a resolution to the City Council to waive or reduce development permit fees otherwise required by this chapter or elsewhere within the Unified Development Code, where it is permitted. If the reduction or waiver would serve the public interest, alleviate an unfair burden upon an applicant, or be beneficial to the city as a whole, the City Council may grant such reduction or waiver of permit fee. (B) Fee schedule. (1) General. Unless specific fees are otherwise adopted by the City Council, the following schedule of fees is established. (2) Signs. (a) Signs. $25-.W for each sign. (b) Windblown signs. $10-.04. (c) Sign variance. Filing fee: $25-.90 (3) Development-. a) All Concept Plats. $50 b) Lot splits or property line adjustments. $200 c) Subsequent technical plat reviews for tabled items, after initial Fee in item d) below. $200 d) All other Plat Reviews (Concurrent -Rat— Preliminary and Final): Per Plat Nonresidential $800-.00 10 or less residential units $200-.W 5 or less residential units $40000 6 or more residential units $800�0 March 2021 Final Redlined Draft Page 46 of 134 Formatted: Font: (Default) Arial, 10 pt Formatted: Indent: Left: 0.3" Formatted: Font: (Default) Arial, 10 pt Formatted: Table Normal Formatted: Font: (Default) Arial, 10 Formatted: bcl Formatted: Font: (Default) Arial Formatted Table Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial 29 A I;idPAt:nl f 80o 00 e) Other Plan Reviews: Large Scale Development Planned Zoning and Site Improvement Distric FIlans onresidential 5,000 or less s . ft. $400.00 800 Nonresidential Over 5,000 s . ft. $800.00 $1,125 10 or less residential units $200.00 1525 5 or less residential units 400.00 725 6 or more residential units $800.00 ILI25 March 2021 Final Redlined Draft Page 47 of 134 Formatted: Normal (Web) Formatted: Normal (Web), Left Formatted: Left Formatted: bc0, Left Formatted: Font: Formatted: Font: (Default) Arial Formatted Table Formatted: Font: (Default) Arial Formatted: Left Formatted: Font: (Default) Arial Formatted: Left Formatted: Font: (Default) Arial Formatted: Left Formatted: Font: (Default) Arial Formatted: Left Formatted: Font: (Default) Arial Formatted: Left Nonfesidefftial 5,000 or- less sq. &$00.00 Nem-esidential Over 5,000 sq. €t- e 1 1 Desidenfi 1. 1 0 ..« si dentia ,00 tMits"lets e c 25 25 or loss «o tiside,, 1 ttxits/lets26 �2500 �s« mere r-esideatia Q 1 ,00 First review see applioali��e fee h- o.l iteams 0 ta Formatted: Normal (Web) Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Normal (Web) ' Formatted: Normal (Web), Left Formatted: Normal (Web), Left (4) Grading and linage Permits. Two (2) reviews are covered with the initial application F Formatted: Normal (Web) fee. For each subsequent review, a resubmittal fee shall apply. Permit Application Fees Size of Disturbed Area Grading Plan and Permit, raina a Report aad -PerwAReview Lif requiredl Resubmittal Fee — ess than 0.5 acre $75.00 $75.00 75.00 0.51 to 1.0 acre $100.00 $100.00 100.00 Over 1.0 acre $200.00 $200.00 200.00 Appeals $100.00 N/A N/A March 2021 Final Redlined Draft Page 48 of 134 Formatted: Indent: First line: 0.5" Formatted: Font: (Default) Arial Formatted: Centered Formatted Table Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial (5) Zoning. Rezoning $325.00 Accessory Dwelling $100.00 Conditional use $100.00 Manufactured home: Initial permit $25.00 Renewal $12.50 Home occupation: Initial permit $25.00 Renewal $12.50 Planning Commission or Board of Adjustment Variance: Before any violation has occurred $25.00 After any violation has occurred $100.00 Appeal of Zoning and Development Administrator interpretation $100.00 (6) Streets and Sidewalks. Driveway, curb cut, sidewalk, and all other excavation in public right-of-way $25.00 (7) Tree Preservation. Filing fee 1 $120.00 March 2021 Final Redlined Draft Page 49 of 134 Formatted: Normal (Web) Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Left Formatted: Left (8) Floodplain Determination. Administrative review fee (residential, single lotl $�550.00 Type of Review Grading Plan and Resubmittal Fee Permit Administrative review 50 N/A (EC, Fence, Acc Structure, etc.. LOMA, LOMR-F 75 25 CLO M R/LOM R 200 100 Appeals 100 N A GFading Plan and Resubmittal-FLee irrFeREe, AEEct....,.WFe [ten nn T 1 (IAA ATIIAAD C (9) Vacations. Filing fee $200.00 (10) Building Permits. (a) General fees. The following general provisions shall apply to all permits, including but not limited to building, electrical, gas, mechanical and plumbing; and shall apply in addition to the fees and requirements set forth in each separate code. (b) Permit Valuation. (i) Permit valuation is the reasonable valuation of all services, labor, materials, and appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy. (ii) The permit valuation shall include total cost such as plumbing, electrical, gas, mechanical, equipment, and other systems, however, the cost of excavation or grading, paying, and land cost are not deemed a part of such permit valuation. (iii) The building permit fee shall be based on the construction valuation as determined by the published Building Code Fee Schedule or as submitted by the applicant, whichever is greater. (c) Building Construction. Building construction fees shall be as set forth in the Building Code, fees appendix, except as set forth below: March 2021 Final Redlined Draft Page SO of 134 Formatted: Font: (Default) +Body (Calibri) Formatted: Table Normall, Line spacing: Multiple 1.08 li Formatted Table Formatted: Font: (Default) +Body (Calibri) Formatted: Table Normal1, Line spacing: Multiple 1.08 li Formatted: Font: (Default) +Body (Calibri) Formatted: Table Normal1, Line spacing: Multiple 1.08 li Formatted: Font: (Default) +Body (Calibri) Formatted: Left Formatted: Font: (Default) +Body (Calibri) Formatted: Left Formatted: Normal Original C of 0—new building $15.00 Certificate of completion $15.00 C of O—existing building and/or change of occupancy use $25.00 Demolition permit $50.00 Temporary C of 0 $25.00 Footing/foundation only $50.00 Appeal of building official to Construction Board of Adjustment and Appeal $50.00 Moving permit $100.00 Administrative/Maintenance Fee $25.00 Permit extension $50.00 Permit Processing Fee* $200.00 A permit processing and review fee shall be submitted with all building permit applications as required in the Building Code Fee Schedule. This fee shall be applied as a credit to the total fees due once the building permit is obtained. (d) The Building Official shall administer the collection and reporting of fees as required herein. In the event of whether a fee should be charged or not, the Building Official shall make the final determination. (e) Supplementary Permit fees. Design/Build Fee. In addition to the permit fees, a design/build fee for fast -track, design - build, and buildings permitted with construction progressing as design and construction plans are in progress shall be equal to one-half the permit fee but shall not be more than $1,000.00. (ii) Emergency, Investigative and After Hour(s) . In addition to the permit fee, an emergency fee for after hours inspection, investigations and emergency inspections shall be $20.00 per inspection. (iii) Outside City Limits. In addition to the permit fee, each inspection required outside Fayetteville city limits shall be $20.00 per inspection. (iv) Work Without Permit. Where work for which a permit is required is started or proceeded prior to obtaining said permit, the fees herein specified shall be doubled. Payment of such double fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work nor from any other applicable penalties. (v) Re -inspection . For a re -inspection to correct a violation(s) and/or if installation is not ready for requested inspections the fee shall be $25.00. For each subsequent re - inspection, the fee shall be double the amount of the previous fee, with a maximum of $200.00. All re -inspect fees must be paid prior to the inspection taking place. (vi) A Temporary Certificate of Occupancy may be issued for a period of up to thirty (30) days for a fee of $25.00. For each subsequent month that a Temporary Certificate of Occupancy is requested by the applicant and granted by the city, a fee shall be imposed March 2021 Final Redlined Draft Page S1 of 134 that is double the amount of the previous fee, with a maximum of $200.00, until a final Certificate of Occupancy is granted. (f) Exemptions from Permit Fees. (i) Historical Buildings. (a) Buildings identified and classified as historical buildings or structures by state or local jurisdiction shall be exempt from permit fees. (b) The Mayor may exempt all or part of the applicable permit fees for buildings that can be proven to be more than fifty (50) years old. This exemption shall apply only to owner -occupied, single-family dwellings where there is to be no change of use or occupancy. (ii) Affordable Housing. Construction of single family and non-profit multi -family supportive housing funded wholly or primarily by federal Community Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban Development housing loans and similar programs designed to provide affordable, owner -occupied, single family residences to low income individuals and non-profit multi- family supportive housing shall be exempted from payment of building permit fees. (iii) City -Owned Facilities. Construction projects that occur on city -owned properties for facilities that are partially or wholly owned by the city shall be exempted from payment of building permit fees. (g) Electrical. (i) Electrical Permit Fees. Fees for permit shall be paid to the city, as follows: (a) First four meters, new or replacement, $20.00. (b) For each additional meter on a building, $5.00. (c) $0.25 per outlet, and $10.00 per inspection with electrical wiring in concrete. (d) Neon tube lighting shall be $10.00 for each transformer. (e) A minimum fee for any electrical permit shall be $20.00. (ii) Apprentice Electrician. Registration of an apprentice electrician, $10.00. (h) Gas. (i) Gas Permit Fees. Fees for gas permit shall be paid to the city, as follows: (a) First five (5) fixtures for $20.00 plus $2.00 for each additional fixture. (ii) Exceptions. Gas ranges/ovens, domestic clothes dryers, and space heaters not required to have a vent are exempted and gas permits are not required to connect these appliances to an existing gas outlet in an existing piping system. (i) Mechanical Permit Fees. Fees for a mechanical permit shall be paid to the city as follows: Minimum permit fee for the first unit $20.00 Additional units greater than 1/3 hor se $5.00 power Fractional horse power mechanical $2.00 exhaust Gas vent per unit $5.00 March 2021 Final Redlined Draft Page 52 of 134 0) Plumbing. (i) Plumbing Permit Fees. Fees for plumbing permits shall be paid to the city, as follows: (a) First five fixtures for $20.00, plus $1.75 for each additional fixture, and (b) $10.00 for each inspection required for plumbing under slab. (Code 1965, §§17B-3(c); 17B-7(k), 18-27, App. A., Art. 9(6), 10(2), 11, App. C., Art. II, §E; Ord. No. 1747, 6-29-70; Ord. No. 1790, 3-15-71; Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17- 76; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7-3-79; Ord. No. 2581, 12-4-79; Ord. No. 2934, 8-2- 83; Ord. No. 2948, 9-20-83; Ord. No. 3230, 11-8-86; Ord. No. 3298, 10-6-87; Code 1991, §§98.62, 158.22, 158.45, 159.15, 160.172, 160.195, 160.197; Ord. No. 3716, §2, 6-15-93; Ord. No. 3925, §4, 7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. 4323, 6-19-01; Ord. No. 4806, 12-20-05; Ord. No. 5425, 8-2-11; Ord. No. 5724, 12-02-14) CHAPTER 160: -ZONING DISTRICTS CHAPTER 161: -ZONING REGULATIONS CHAPTER 162: - USE UNITS CHAPTER 163: - USE CONDITIONS CHAPTER 164: - SUPPLEMENTAL ZONING REGULATIONS AND SPECIALIZED DEVELOPMENT REGULATIONSW CHAPTER 165: - AIRPORT ZONE CHAPTER 166: - DEVELOPMENT 166.01 - Development Categories (A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between adjoining property owners which does not create a separate, new lot. A property line adjustment cannot dedicate new easements or right-of-way. (B) Subdivision of Land. (1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots parcels the application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster Housing Development (C) Development Review Process-, after the creation of more than four (4) lots from an original parent tract as established under Washington County's countywide 1985 reappraisal.; Aany subsequent subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right-of-way; and may be combined with an easement plat. March 2021 Final Redlined Draft Page S3 of 134 (2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots; or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, the application shall be processed as preliminary plat. A preliminary plat establishes the preliminary location of lot lines, streets, and utility infrastructure, and allows for the applicant to request construction plan approval and install required improvements. (3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street improvements, etc.) for a preliminary plat, the entity subdividing subdivider may submit an application for approval of the final plat. The final plat application may not be submitted until the final inspection for the required infrastructure has been scheduled with City Engineering staff. (4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one step. A concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, and the existing and new parcels do not require construction of new infrastructure. ... .... Formatted: listl .. GenGGPFaGernmendations fFGFn Gity sta# and the CommissionPlanning development plan for riavipi.I %I .... squaFe feet Of R area With' 'an to obtain . . ...-...n the c'tv or Gotv's planninq area bounclary he/she rnav submit a concept fppdhank and recommendations from G'tv staff and thp Plann'nq Comm' lo 1) (9C€) Site Plan. (1) Large Scale Development. A large scale development is generally intended for, but not limited t ;4 nnn ,;mdeRtma' xed multi fam" development on a site of 1 acre or greater in size ; orand-thatand proposes to create -more than 10,000 square feet of impervious area and the „stru.tion of A multi -family building or buildings with twenty _faur (24) n#s Where a corresponding subdivisions of land is not proposed. the requirements for a large-scale development: i. A site 1 acre or greater in size and creating more than 10,000 square feet of new impervious area: ii. Facilities emitting odors or handling explosives and impervious area or a development on a lot or parcel In a zoning district subject to administrative approval. (2) Large Site Improvement Plan A large site improvement plan review is intended for a large scale development that is located on a site within a zoning district that permits administrative approval. A large site improvement plan is subject to the requirements and excluded developments for a large scale development listed in Fayetteville Unified Development Code 166.01(C)(1). (3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than one (1) acre in size with greater than 10,000 square feet of new impervious area. the requirements for a small site improvement plan: i. A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions: March 2021 Final Reclined Draft Page 54 of 134 Formatted: Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.8" + Indent at: 1.05" Formatted: listl, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.8" + Indent at: 1.05" Formatted: Font: Not Italic Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.8" + Indent at: 1.05" ii. The creation of more than 10,000 square feet of impervious area for a development on site of less than one (1) acre within any zoning district. new impervious area shall be exempt from the site improvement plan requirements and shall be submitted in accordance with the requirements of &166.02(E) and §166.15. Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.8" + Indent at: 1.05" Formatted: Normal Formatted: IistO, Indent: Left: 0", First line: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" Formatted: IistO, No bullets or numbering Formatted: IistO (id) Require more than twenty five (25) additional parking spaGeS under the provisions of Chapter 172, — Commented [DH1]: Seems generous. Commented [DH2]: Circular logic, i.e. it is referring to it's own section? Correct callout? Commented [DH3]: Suggest assigning a max size / bounding these items, 1,000 sf might be too small but 10,000 seemed too big. Commented [DH4]: J Curth comment on 2/5/21: Need to review, clarify, and apply consistently. -` Commented [DH5]: J Curth comment on 2/5/21: Need to \ review, clarify, and apply consistently. Cornmosslan in a form lAfh'rh eompares the approved qubmission with the desired --ulamossmon, the Subdivision Committee shall appreve or disapprove the requested modifiGations. Formatted: No bullets or numbering / _R I aFge C:te 1... Fevement Ran A IaFge site :mpFe,wnent plan review :� intended for... I.�...e �..�I Formatted: Font: Italic deveiopment on a site that i6 weater than one (1) aGFe in 849 a that ir 10048d O.n R R& 144thhn 9 Formatted: Indent: Left: 0.25", First line: 0" Development Code 166.01(D). A large site improvement plan �s subject to thp modifiration fF&- Commented [PA6]: Are we creating another divide based on use rather than impact of the less than 10,000 SF 4gy��nen resWential, mixed use, or multi family development �n a ske tthat is ies, t�=-=M% impervious? Does this meet our flow chart desire? This .. 0 (I ) let othOR oZE)RORq diot.irt that Fecluores revmew by m lt:ele pity divi..ienc. appears as if it will need a flow chart revision. March 2021 Final Redlined Draft Page S5 of 134 (1) Requirement. The development of the following must be processed On accordance—wfth—the- Formatted:list0 requiremants far a smell site improvement nlen� (a) A development that is PxGluded frorn large SGale development review and FeqU'FeS review by multiple. E;ity divisions; �44'�;TConcept Plan. When a developer intends to subdivide property within the city or city's planning area boundary he/she shall submit a concept plan to obtain feedback and recommendations from city staff prior and the Planning Commission to submitting a fullV engineered development plan for review. When a developer intends to develop greater than 10,000 square feet of new impervious area within the city or city's planning area boundary they may submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. (D) Modifications. Formatted: Numbered + Level: 1 + Numbering Style: (a) Minor Modifications. The Zoning and Development Administrator maV authorize minor A, B, C, ••• + Start at: 1 + Alignment: Left + Aligned at: modifications in an approved subdivision of land or site plan. Minor modifications shall 0.25" + Indent at: 0.5" include, but are not limited to, substitutions of one approved structural type for another, minor variations in placement of buildings in such a way that the overall limits of approved floor area, open space, or rooms per acre are not increased, and minor shifts in property line locations. (b) Major Modifications. In the event that a developer wishes to make major modifications tom Formatted: List 2 an approved development, such modifications shall be submitted to the approving bodV of the subdivision or site plan, whether staff, Subdivision Committee, or the Planning Commission. After submission, the approving body shall approve or disapprove the requested modification. (F) Buil.i Permits 1)GVele3me.d8 that require review by a sb.ele dli.dsie.. er 8.et nrevese.------------------- Formatted: Iist0, Numbered + Level: 1 +Numbering nq Gity to nstr et less than equal to 10,000 square feet of new mn en s .� ,where .� area, lend is he Q„iirlinn Permit Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned net nrenesed will r ,ed by Per 166.02 at: 0.3" +Indent at: 0.55" (Code 1965, App. C., Art. II, §§A—D; Ord. No. 1750, 7-6-70; Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code 1991, §§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No. 3781, §1, 4- 19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4350, §1, 11-20-01; Ord. No. 5296, 12-15- 09; Ord. No. 5653, 01-21-14; Ord. No. 5945, §16, 1-17-17; Ord. No. 6067, §1, 5-1-18) 166.02 - Development Review Process EARand the Plann g r.,mm'ss1613-: eV LAL_Application Submittal March 2021 Final Redlined Draft Page S6 of 134 ' Formatted: Indent: Left: 0", First line: 0" (1) Submittal. All development applications shall be submitted to the Planning Division and will be processed for review in accordance with Planning Division operating procedures. (B13) Public Meetings-. Development applications are required to be processed through the Technical Plat Review Committee, Subdivision Committee, and Planning Commission as follows: (1) Technical Plat Review Committee. The following development applications are required to be reviewed by the Technical Plat Review Committee: Lot split, small site improvement plans, large site improvement plans, large scale development, planned zoning district, preliminary plat, final plat, and concurrent plat. After the Technical Plat Review Committee meeting staff may administratively approve lot splits, final plats, small site improvement plans, and large site improvement plans after review for compliance with all applicable codes subject to UDC 166.02(C). (2) Subdivision Committee-. The following development applications are required to be reviewed by the Subdivision Committee: Large scale development, planned zoning district with development, preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may approve only large scale developments. Large scale development applications that are subject to administrative approval shall not be required to be reviewed by the Subdivision Committee. (3) Planning Commission-. The following development applications are required to be reviewed by the Planning Commission. Preliminary plat, concurrent plat, and planned zoning district with development. The Planning Commission may approve, deny, table, or approve development applications with conditions. A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to City Council. Large scale development applications that are subject to administrative approval shall not be required to be reviewed by the Planning Commission. (CS) Approval and Denial Criteria (1) Administrative Approval. The following applications shall be approved administratively by the Planning Division as long as the proposal meets all requirements of the Unified Development Code: Property line adjustment, lot split, final plat, small site improvement plan, and large site improvement plan. Approval by the Planning Commission for these applications is not required unless an appeal is filed in accordance with Ch. 156 of the UDC. (a) Reasons for Denial. The Planning Division may refuse administrative approval based on the following criteria: (i) Property Line Adjustment; Lot Split. The application does not comply with zoning and development requirements including, but not limited to: Lot width, lot area, setback requirements, buildable area, required parking, impervious surface, dedication of required right-of-way or easements, etc., or the requested action would make an existing non -conforming property or structure more non -conforming. (ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the proposed plat does not meet the zoning and development requirements of the UDC, and/or the required improvements have not been completed or guaranteed in accordance with Fayetteville Unified Development Code Chapter 158. (iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small or large site improvement plan for any of the following reasons: (a) The development plan is not submitted in accordance with the requirements of this chapter. (b) The proposed development would violate a city ordinance, a state statute, or a federal statute. (c) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. March 2021 Final Redlined Draft Page S7 of 134 (d) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factor such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (a) City water and sewer is not readily available to the property within the site improvement plat area and the developer has made no provision for extending such service to the development. (f) The developer refused to comply with ordinance requirements or condition of approval for on -site and off -site improvements. (2) Subdivision Committee and Planning Commission Approval-. The following applications shall be approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below: Large scale development, preliminary plat and concurrent plat. (a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a large scale development, preliminary plat or concurrent plat for any of the following reasons: (i) The plat or development plan is not submitted in accordance with the requirements of this chapter. (ii) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development, preliminary plat, or concurrent plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with ordinance requirements or conditions of approval for on -site and off -site improvements. QD) 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, Building Permit, 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 Plan. 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 March 2021 Final Redlined Draft Page S8 of 134 (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. (E€) Building Permits (1) _" Before a building permit feF a IaFge site ifflpFe ernent plan OF large- S^^'^ deve'^^^ enter Formatted: Indent: Left: 0.3", First line: 0" is issued the developer shall: (a) Obtain appreval frem the appropriate governing body.F ....... Formatted: listl, Indent: Left: 03' (ab) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (be) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. Formatted: Indent: Left: 0.6", First line: 0" (cf) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: i) Obtain approval from the appropriate governing body ijii) On and Off -Site Improvements. Construct or guarantee required on- and off - site improvements in accordance with UDC Chapter 158, iii) te)==Complete applicable conditions of approval. Formatted: Indent: Left: 0.6" - Formatted: List Paragraph, Indent: Left: 1 ", First line: 0", Numbered + Level: 1 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 1" _j Formatted: Indent: Left: 0.5", First line: 0.5" (2) In addition to 166.02(E), before a building permit is issued for -site- Formatted: Indent: Left: 0.3", Hanging: 0.53", No of laps `h^^ ' acre'^ ^'4^ that creates between 1,201 lessand tha44-10,000 square feet of new bullets or numbering impervious area, where a corresponding subdivision of land is not proposed, Sflia c^^i^ Development is ed the developer shall: Formatted: listl fd" complete, and receive approval of, appropriate Grading and Drainage documentation demonstrating compliance with UDC Chapters 1609 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place prior to the effective date of this ordinance. - March 2021 Final Redlined Draft Page S9 of 134 Required Mitigation Measures and Documentation by Development Threshold Development City-wide Grading and Drainage / Stormwater Water Quality, Flood, and Tree Mitigation Threshold Standard Documentation Measures Level 1 <or= 1,200 sf of IA Exempt from Grading and Drainage provisions Exempt except for those still associated with the Building Permit process such as HHOD. Level 2 1 2� 01- 6.000 sf of IA Completed Green Stormwater Practice 2 or more measures from Step 1 of Table 2 (GSP) Worksheet, demonstrating Runoff that Reduce Runoff via Better Site Design Reduction via Better Site Design. GSP Operation & Maintenance (0 & M) 1 or more Green Stormwater Practices (GSPs) measures from Step 2 of Ta ble 2 as Agreement to ensure the long-term functionality of these practices. required to treat 100%of the developed portion of the site. Level 3 6,001— 10,000 sf of IA Same as Level 2. Same as Level 2. needed GSP measures from Step 3 to further further reduce runoff Abbreviated Tree Preservation Plan Formatted: Table Normal WeV 'deFs and the eky. This „nay be cem„, ted by easement „lat er sel„agate PagempRt ,,e,.,,.. pnt(\ ,,,;,� „„,e„ , Formatted: Table Normal 1, Indent: Left: 0", First line: of the Plan inR ni.,�r�..,, (f) Submit aR d r ,el of aR Opemton 4_ IVIRORtPnonne /(1 4. AA\ Anree P_ment for the Sn roen Cterrn Wateti r Prneepq o „rd nstretofor the .do.,elonw�.o..4 (F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large ssalelarge-scale development, large site improvement plan, or small site improvement plan shall be issued, and no final plat or concurrent plat shall be signed for recordation until the following have been completed: (1) The requirements for on and off -site improvements have been completed, and maintenance bonds/guarantees deposited to city specifications. (2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing: (a) The location of all buildings and the setback distance for said buildings from street right-of- way and adjoining property lines; (b) The location of any freestanding signs and the setback distance of said signs from street right-of-way and adjoining property lines; (c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or Formatted: Space Before: Auto, After: Auto fences; aad (d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines ;- (e) The location and size of all stormwater features with associated drainage easements demarcated, where applicable; and (3) The development has been inspected and approved by all applicable city divisions. (4) All applicable conditions of approval have been completed. March 2021 Final Redlined Draft Page 60 of 134 Formatted: Font: (Default) Arial Formatted: Table Normal 1, Indent: Left: 0.6", Space Before: Auto, After: Auto Formatted: Font: (Default) Arial Formatted: Space Before: Auto, After: Auto (Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061 , §2, 4-17-18) 166.03 - Plat Requirements (A) Original Plan Drawings. Plans shall be drawn in a legible manner, at a scale which best suits the size of the property being developed or platted. All plans shall be drawn at a standard engineering scale, and submitted in paper and/or digital form, as listed on the application. (B) Plat Information. The following information shall be submitted to the Planning Division and/or Planning Commission for review and approval: (1) General. (2) Legal Description. Formatted: Normal (Web) Property Large - Preliminary Final Concurrent Lot Scale, Plat Plat Plat Line Split SIP, Formatted Table Adi. PZD March 2021 Final Redlined Draft Page 61 of 134 Written legal descriptions including area in square feet or acres that read clockwise (Note: If the project is contained X X X in more than one tract, the legal for each individual tract and a total tract description must be provided.) Boundary survey of the property shown on the plat. The surveyor shall seal, sign and date the survey. Each survey plat shall have 2 points described in State Plane X X X Coordinates, Arkansas, North, North American Datum, 1983 (NAD 83) Provide a benchmark, clearly defined with an accuracy of 1/100 feet. This benchmark must be tied to USC & GS Datum. Benchmarks X X X include but are not limited to the following: fire hydrant, manhole, etc. Point -of -beginning from a permanent well-defined reference point. This P.O.B. shall be clearly labeled on the X X X drawing. Curve data for any street which forms a project boundary. X X X (3) Floodplain/Floodways/Wetlands. Show 100-yr floodplain and/or floodway and based flood elevations. Reference the FIRM panel number and effective date. Note regarding wetlands, if applicable. Note if Army Corps of Engineers determination is in progress. (4) Topographic Information. Formatted: Left X X X F Formatted: Left X X X X Formatted: Left X Formatted: Left X X X X X .-X Formatted: Left Preliminary Final Concurrent Property Lot Large - Plat Plat Plat Line Split Scale Formatted Table Adj. SIP, PZD Formatted: Left X X X X X X X Formatted: Left X I X X Property Large - Preliminary Final Concurrent Lot C Plat Plat Plat Line Split Scalet Formatted Table Adj. SIP, PZD March 2021 Final Redlined Draft Page 62 of 134 Existing and proposed topographic information Formatted: Left with source of the information noted. Show: a. 2-foot contour intervals for ground slope X X between level and 10%. b. 5-foot contour interval for ground slope exceeding 10%. Spot elevations at grade breaks along existing Formatted: Left road centerlines, X X gutter lines and top of curbs or edge of pavement. Contours of adjacent land within 100 feet of the X X Formatted: Left project shall also be shown. (5) Tree Protection/Landscaping. Preliminary Plat Final Plat Concurrent Plat Property Line Adj. Lot Split Large - Scale, SIP,E PZD ble Delineate trees to be retained ft on -site and the measures to be X X X X implemented for their protection. Clearly depict the limits of soil ft disturbance to include all areas to be graded both on and X X X X off -site. Show proposed location of all X X X X ftutilities.Landscape proposals for parking lots and/or tree eft replacement requirements shall include proposed plant species and size. Existing and proposed utility lines shall be shown on the X X X X plan. State the method for irrigating the plant material on the plan. When an ordinance requires shrubs or other screening material, show the layout of planting beds. (6) Utilities - Existing. Large - Property Preliminary Final Concurrent Lot Scale, Plat Plat Plat Line Split SIP, Formatted Table Adj. PZD Show on the drawing all known X X X X X X Formatted: Left on -site and off -site existing utilities and easements March 2021 Final Redlined Draft Page 63 of 134 (dimensioned) and provide the structure's locations, types, and condition and note them as "existing" on the plat. Existing easements shall show the name of the easement holder, purpose of the easement, and the book and page number for the easement. If an easement is blanket or indeterminate in nature, a note to this effect shall be placed on the plat or plan. (7) Utilities - Proposed. X I X I X I X I X I X Formatted: Left Preliminary Final Concurrent Prne y Lot Scale, Plat Plat Plat Split Formatted Table Adj. SIP, PZD Show all storm sewer structures, sanitary sewer' Formatted: Left structures and drainage structures: X X X X a. Provide structure locations and types b. Provide pipe types and sizes Sanitary sewer systems: a. Provide pipe locations, sizes, and types X b. Manhole locations of rim and invert elevations. FNeoccurrence of any previous water, sewer, orwer Xproblems on -site or in the proximity of the If a septic system is to be utilized, provide a table of acreage and X percolation rates. Water systems, on or near the site: a. Provide pipe locations, types, and sizes b. Note the static pressure and flow of the nearest X hydrant if requested. c. Show location of proposed fire hydrants and meters. Underground or surface utility transmission lines: (Note: This category includes, but is not limited to telephone, electrical, natural gas, and TV cable) a. Locations of all related structures (pedestals, poles, X etc.) b. Locations of all lines (note whether the line is below or above ground) c. A note shall be placed where streets will be placed March 2021 Final Redlined Draft Page 64 of 134 Formatted: Left X I X I X I X I X Formatted: Left X I X ...........L.... Formatted: Left X X Formatted: Left X I X I X I X I X X I X X Formatted: Left underthe existing overhead facilities and the approximate change in grade for the proposed street. State the width, location, and Formatb purpose of all proposed easements or rights of way for utilities, X X X X X X X drainage, sewers, flood control, ingress/egress or other public purposes within and adjacent to the project. d: Left (8) Streets/Right-of-Ways/Easements. Property Large - Preliminary Final Concurrent Line Lot Scale, Plat Plat Plat Split SIP, Formatted Table Adj. PZD Street right-of-way lines clearly Formatted: Left labeled. The drawing shall depict any future R.O.W. needs as determined by the AHTD and X X X X X X X Master Street Plan. Future R.O.W. as well as existing R.O.W. and center lines should be shown and dimensioned. The location, widths, grades, and names of all existing and Formatted: Left proposed streets (avoid using first names of people for new streets), alleys, paths, and other rights -of -way, whether public or private, within and adjacent to the project; private X X X X X X X easements within and adjacent to the project; and the radius of each centerline curve. Private streets shall be clearly indicated and named. Names of streets should be approved by the 911 Coordinator. A layout of adjoining property (within 300 feet) in sufficient Formatted: Left detail to show the effect of proposed and existing streets (including those on the Master Street Plan), adjoining lots, and off -site easements. This X X X X X information can be obtained from the Master Street Plan, Aerial Photos, and the City Plat Pages located in the Planning Office if requested. The location of all existing and Formatted: Left proposed street lights (At every X X X X intersection, cul-de-sac & every 300 feet and associated easements to serve each light.) March 2021 Final Redlined Draft Page 65 of 134 (9) Subdivision of Land. Property Large - Preliminary Final Concurrent Line Lot kale, Plat Plat Plat Split SIP, Formatted Table Adj. PZD The lot layout, the dimensions of each lot, number of each Formatted: Left lot, total area in square footage or acreage to the nearest 1/100 th acre of each lot, and the approximate finish grade where pads are proposed for X X X X X X building sites. Lots shall be numbered consecutively for all phases. The total number of lots shall be indicated on the plat. rphased development, a plat showing all phases is X X ' X Formatted: Left uired. (10) Site Specific Information. March 2021 Final Redlined Draft Page 66 of 134 For non-residential development, Formatted: Left indicate the gross floor area, and if for multiple uses, the floor area X devoted to each type of use. The location and size of existing and proposed signs, if any. X X X X X F.X......... Formatted: Left The location and number of bike racks provided and X Formatted: Left required. Location, size, surfacing, Formatted: Left landscaping, and arrangement of parking and loading areas. Indicate pattern of traffic flow; include a table showing X required, provided, and handicapped accessible parking spaces. Location and width of curb cuts and driveways. Dimension Formatted: Left all driveways and curb cuts from side property line and FX surrounding intersections. Location of buffer strips, fences or screen walls, where Formatted: Left required (check Unified Development Code for X X X specific requirements). Indicate location and type of Formatted: Left garbage service. Dimension turnaround area at X X dumpster location. A description of commonly held X X t X........... Formatted: Left areas, if applicable. A written description of requested waivers or variances X X X X X t X Formatted: Left from any city requirement. Show required building setbacks. Provide a note on the plat F ..... Formatted: Left of the X X X X X X current setback requirements for the subdivision. Preliminary grading and drainage plans and reports as X X ' X Formatted: Left required in the City Engineer's Office. (11) Other requirements. Preliminary Final Concurrent Property Lot Large - Plat Plat Plat Line Split Scale, Formatted Table Adj. SIP, PZD Any other data or reports as deemed necessary Formatted: Left for project review by the Zoning and X X X X X X X Development Administrator, City Engineer or Planning Commission. March 2021 Final Redlined Draft Page 67 of 134 Signature block to certify approval of streets, Formatted: Left drainage and utility X X easements. tureblock to certify approval of water and F X X F Formatted: Left r system. Signature block to certify approval of building X X setback dimensions. Signature block certifying approval for X X X X recording. WFormatted: Signature block certifying approval of park land X X dedication or money in lieu.Signature block certifying approval of utility easements. Signature block certifying X X X F 1~` Formatted: Left ownership, title and dedication. Formatted Table Signature block X X X t Formatted: Left certifying survey and accuracy. (12) Easement Plat. Prior to the issuance of a building permit for a large scale development, site improvement plan or planned zoning district an easement plat shall be filed of record in the office of the Circuit Clerk dedicating all required easements and rights -of -way. Preliminary Final Concurrent Property Lot Large - Line Sc Formatted Table Plat Plat Plat Split Adj. SIP, PZD Formatted. Left X All plats should meet or exceed the most current State of Arkansas Standards of Practice for Property Boundary Surveys and Plats. **SIP = Large or Small Site Improvement Plan ***PZD = Planned Zoning District (C) Signatures Required. The final plat or concurrent plat may be signed by any officer of the Planning Commission. (D) Number of Plats. The Planning Division may require additional copies of plats if the amount required by this chapter is not sufficient for distribution to the various committee members. (Code 1965, App. C., Art. III, §A(1); Ord. No. 2695, 1-20-81; Ord. No. 3080, 4-2-85: Ord. No. 3201, 8-5-86: Ord. No. 3315, 11-17-87; Code 1991, §§159.05, 159.30k.; Ord. No. 3578, 11-19- March 2021 Final Redlined Draft Page 68 of 134 91; Ord. No. 3615, § 1, 6-2-92; Ord. No. 3738, § 1, 11-16-93; Ord. No. 3793, § 1, 5-17-94; Ord. No. 3797, §1, 5-17-94; Ord. No. 4068, §1, 11-4-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4199, 11-2-99; Ord. No. 4454, 01-07-03; Ord. No. 4545, 02-17-04; Ord. No. 4725, 7-19-05; Ord. No. 4864, 05-02-06; Ord. 5152, No. 7-15-08; Ord. No. 5215, 1-20-09; Ord. No. 5271, 9-1- 09; Ord. 5296, No. 12-15-09) 166.04 - Required Infrastructure Improvements - Development In City Limits (A) Generally. Required of developer. (1) On and Off -Site Improvements. On -site improvements are adjacent to or within a project site; such as widening the street along the project street frontage, constructing interior streets and utilities, etc. Off -site improvements are not adjacent to a project; such as the extension of an off - site sewer line to the property boundary, off -site storm drainage improvements, or an off -site intersection improvement, etc. (2) Standards Applicable. Any required on or off -site improvements in the city and within one (1) mile of the city limits shall be installed according to the city's standards; provided on or off -site improvements to roads located outside one mile of the city limits shall be installed to the county's standards. The developer shall be required to bear that portion of the cost of off -site improvements which bears a rational nexus to the needs created by the development. (3) Required Infrastructure Improvements. On and off -site improvements that are roughly proportional and bear a rational nexus to the impact of the development are required for all development within the City of Fayetteville. The developer shall be required to install on and off - site improvements where the need for such improvements is created in whole or in part by the proposed development. (4) Planning Commission and Planning Division. At the time the Planning Commission or Planning Division (where applicable for administrative approval) grants development approval, the Planning Commission or Planning Division shall determine whether the proposed development creates a need for off -site improvements and the portion of the cost of any needed off -site improvements which the developer shall be required to bear; provided, that portion of the cost of off -site improvements to roads located outside the city's corporate limits but within the city's planning area shall be determined by the county. In determining that portion of the cost of off -site improvements which the developer shall be required to bear, the Planning Commission or Planning Division (where applicable for administrative approval) shall consider the acreage within the proposed development as a percentage of all the acreage which, when fully developed, will benefit from the off -site improvements; provided, the Planning Commission or Planning Division may use a different method of measurement if it determines that use of the acreage standard will not result in the developer bearing that portion of the cost which bears a rational nexus to the needs created by the development. (5) Determining Necessity for Off -Site Improvements - (a) When a proposed development has access to paved streets or roads only by way of substandard or unimproved roads or streets leading from the development to the paved streets or roads, the developer shall be responsible for contributing this proportionate share of the cost of improving the substandard access roads or streets to existing city or county standards. The developer's proportionate share of said costs shall be determined by the Planning Commission or Planning Division (where applicable for administrative approval) in accordance with the provisions of 166.04(A) above. (b) When a proposed development has direct access to, or fronts on an existing road or street, which is below current standards, the developer shall be responsible for contributing his/her proportionate share of the cost of improving said street or road to existing city or county standards. The Planning Commission or Planning Division (where applicable for administrative approval) shall determine the developer's proportionate share of said costs in accordance with the provisions of 166.04(A) above. March 2021 Final Redlined Draft Page 69 of 134 (c) Off -site drainage improvements shall be required whenever a proposed development causes the need for such improvements. (6) Delayed Improvements. The Planning Commission or Planning Division may determine a required on -site or off -site improvement shall be delayed or payment -in -lieu contributed instead in accordance with Chapter 158 of the UDC. (7) Variances-. A variance of off -site improvements may be granted in accordance with Chapter 156 Variances. (8) State Highways. The developer shall be required to dedicate sufficient right-of-way to bring those state highways which the Master Street Plan shows to abut or intersect the proposed subdivision into conformance with the right-of-way requirements of the Master Street Plan. The developer shall be required to install a sidewalk adjacent to that portion of a state highway abutting the proposed development; and provided that the Planning Commission or Engineering Division (where applicable for administrative approval) may waive the sidewalk requirement prescribed by this subsection upon application by the developer and a determination by the Planning Commission or Engineering Division (where applicable for administrative approval) that the topography of the proposed development where it abuts a state highway is such that installation of a sidewalk is not practical. Any other improvements required of the developer by the Planning Commission or Engineering Division (where applicable for administrative approval) shall be coordinated with the Arkansas Highway and Transportation Department. (B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for constructing the following minimum improvements. Formatted: Normal L!Lo* Property Line Adjustment or Exempted Properties of less than or equal to 1,200 square feet' Formatted: Numbered + Level: 1 + Numbering Style: of impervious area. No improvements are required unless the action would create or exacerbate 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: a nonconforming infrastructure situation such as cutting off a lot from public water, sewer, or street 0.3" + Indent at: 0.55" frontage. In such as case the property line adjustmentmaynot be filed of record until the required infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (2) Building Permit with no required grading review. a. Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replaceF Formatted monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. b. Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. c. Grading and Storm Drainage System. The developer shall install Water Quality, Flood, and Tree Mitigation Measures after approval of the corresponding Grading and Drainage / Stormwater documentation found in Section 166.02(F) i. All drainage facilities shall be so designed to serve the entire drainage area per Formatted the specifications found in Chapter 170 and the current versions of the City's Drainage Criteria Manual. Formatted: Normal (23) Lot Split, Building Permit requiring -grading review. (a) Dedication of Right -of -Way. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property into conformance with the March 2021 Final Redlined Draft Page 70 of 134 right-of-way requirements of the Master Street Plan for said streets; provided, the Subdivision Committee or Planning Commission may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. If a lot split would create or exacerbate a nonconforming situation (such as cutting off a lot from public water, sewer, street frontage, or street access), the lot split may not be filed of record until the required easement is dedicated and/or the infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (d) Parkland Dedication. Parks fees shall be assessed for each new residential unit that is constructed on the additional lot(s) in accordance with the parkland dedication requirements outlined in Fayetteville Unified Development Code Chapter 166. Said fees shall be paid prior to issuance of a building permit for construction on the new lot. (34) Preliminary/Final/Concurrent Plat; Large Scale Development, Large or Small Site Improvement Plan. (a) Dedication of Right -of -Way On -site. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance with the right-of-way requirements of the Master Street Plan for said streets, shall be approved by the Planning Commission or Subdivision Committee; provided, the Planning Commission or Subdivision Committee may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. Council Acceptance of Streets and Alleys. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Streets. On -Site. Widening the street adjacent to the project frontage and construction of all interior streets to meet Master Street Plan standards. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. March 2021 Final Redlined Draft Page 71 of 134 Off -Site. Street widening and/or new street construction off -site may be required to address traffic impacts based on the rough proportion and rational nexus of the impacts of the project. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. (iii) Private Street Name Signs. Where a structure is addressed on a private street or drive, the developer or property owner(s) shall be required to install, maintain, repair and replace all private street name signs. Any private street name sign existing at the time of passage of this ordinance shall be maintained, repaired and replaced as required by this section. Signs shall meet the standards of the Manual on Uniform Traffic Control Devices (MUTCD) and shall be installed at all street/drive intersections. Unless approved otherwise, all signs shall be retroreflective and utilize a white legend on a green background. (d) Curbs and Gutters. (i) On -Site. Curbs and gutters adjacent to the project frontage according to existing city standards and specifications as adopted by the City Council. (ii) Off -Site. Curbs and gutters off -site may be required to address drainage and/or traffic impacts based on the rough proportion and rational nexus to impacts of the project. Curbs and gutters according to existing city standards and specifications as adopted by the City Council. (e) Traffic Signals. As determined to be needed based on the rough proportionality and rational nexus of the impacts of the development. (f) Sidewalks. (i) On -Site. Sidewalks shall be installed along the property street frontage and along new interior streets according to existing city standards and the Master Street Plan as adopted by the City Council. (ii) Off -Site. Sidewalks may be required to be installed off -site based on the rough proportionality and rational nexus of the impacts of the development. (g) Streetlights—. Standard 8,000 lumen streetlights (or equal alternative approved by the Planning Division) shall be installed at each intersection or cul-de-sac and along one side of each street or cul-de-sac at intervals of no more than 300 feet; provided, streetlights of higher intensity may be required at intersections with collector streets or arterial streets. Developers are encouraged to utilize high -efficiency (LED or similar) streetlights where possible). (h) Grading and Storm Drainage System. (i) The developer shall install storm drainage facilities, including drains, sewers, catch basins, and culverts necessary for the proper drainage of all surface water. (ii) All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the Citv's Drainage Criteria Manual. (iii) All surface water drainage shall be transported to existing storm sewers, drainage facilities, or natural drainage ditches approved by the City Engineer. (iv) The City Engineer shall approve all drainage features. (v) Culverts and Bridges. Culverts and bridges shall be installed where needed in accordance with existing Arkansas State Highway Department standards and specifications. (i) Water Supply. (i) Accessible Public Water Supply. When an approved public water supply is reasonably accessible, the developer shall install a system of water mains and shall connect to March 2021 Final Redlined Draft Page 72 of 134 such supply so that each lot within the subdivision or development shall be provided with a connection to said public water supply. All connections shall be approved by the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (ii) Nonaccessible Public Water Supply. Where an approved public water supply is not reasonably accessible, any private water supply system proposed by the developer must be approved by the county sanitarian and the City Engineer in order to assure that the private water supply system will provide an adequate supply of potable water to every lot in the subdivision or development. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (iii) Fire Hydrants. Fire hydrants for single-family dwellings and duplexes shall be installed so that the distance between two consecutive fire hydrants does not exceed 800 feet, and no lot is more than 400 feet from a fire hydrant. Fire hydrants for apartment complexes, commercial structures, and industrial structures shall be installed so that the distance between two consecutive fire hydrants does not exceed 600 feet; provided, the Fire Chief shall have the authority to require additional fire hydrants upon a determination that such additional fire hydrants are necessary to provide adequate fire protection. The Fire Chief shall develop written criteria to be applied in determining whether additional fire hydrants shall be required. 0) Sanitary Sewer System. (i) Public Sanitary Sewer Accessible. Where a public sanitary sewer is reasonably accessible, the developer shall connect with such sewer, and each lot within the subdivision or development shall be provided with a connection thereto. All connections shall be subject to the approval of the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street if possible. (ii) Public Sanitary Sewer Not Accessible. Where a subdivision, lot split, or other development is proposed to utilize either individual septic systems or an onsite wastewater treatment system the following is required: (a) Lot Splits Resulting in Lots Less Than 1.5 acres . Prior to the City stamping the lot split document for approval, a letter from the Arkansas Department of Health is required verifying approval of soil tests and that the property could be developed with a septic system. (b) Prior to the city signing a final or concurrent plat a letter from the Arkansas Department of Health is required indicating approval of the overall plan for the utilization of either onsite wastewater systems or individual septic permits. (c) Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by state law and water wells on -site or off -site within 100 feet shall be shown on all proposed subdivisions, lot splits, and development plans. (d) Community Sewage Systems. The construction of community sewage systems or decentralized sewer systems shall be prohibited within the City unless expressly permitted by resolution of the City Council. (e) Annexation of Community Sewage Systems. Where a community sewage system is annexed into the city, then the following shall apply: (1) Unconstructed Systems. The wastewater system shall be designed such that the entire collection system is a traditional -style gravity sewer system that carries all wastewater flow to centralized treatment facilities and shall meet city standards for design construction. The system must also be designed such that there is one single point of connection from which a future gravity connection can be made to the city sanitary sewer system when the latter March 2021 Final Redlined Draft Page 73 of 134 becomes available. This connection shall be made at the expense of the owner of the decentralized wastewater system. (2) Constructed Systems. Systems constructed prior to annexation into the city must tie to the city sanitary sewer system when a city sanitary sewer main is constructed within 300 feet of the community sewage system and such main is reasonably available to the community sewage system. This connection shall be made at the expense of the owner of the decentralized wastewater system. (k) Trail Linkages/Corridor/Easements. The developer may be required to construct a trail linkage or corridor or grant a multi -use trail easement for trails shown on the Master Transportation Plan that abut, intersect, or traverse the project site, if it is determined that the improvements bear a rational nexus and rough proportionality to the needs created by the development. (1) Parkland Dedication. (i) Applicability. The requirements of this subsection shall apply to residential lot splits, subdivisions, large scale developments, planned zoning districts, large scale site improvement plans, and small scale site improvement plans; provided that these requirements shall not apply to a lot split or subdivision that does not create one (1) or more vacant lots on which a residential structure could be erected pursuant to the Unified Development Code. (ii) Residential Development. (a) Dedication or Fee -in -Lieu. When a proposed residential development does not provide an area or areas for a public park based on the Fayetteville Parks and Recreation Plan, the developer shall be required to make a reasonable dedication of land for public park facilities, or to make a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition and development of park land that serves the subdivision or development. (b) Parks and Recreation Advisory Board. Prior to the submittal of a preliminary plat, large scale development plan, or large site improvement plan the developer shall submit to the Parks and Recreation Advisory Board a concept plat or plan. (c) Planning Commission. The developer and the Parks and Recreation Advisory Board shall make a joint recommendation to the Planning Commission as to the land dedication or contribution in lieu of dedication. In the event that they are unable to agree, the developer and advisory board shall make separate recommendations to the Planning Commission who shall determine the issue. (d) Decision. If the developer proposes to dedicate land for a public park after consultation with the Parks and Recreation Advisory Board which the Planning Commission determines is suitable for park purposes, the proposed dedication shall be accepted. Upon consent and consultation with the developer and the Parks and Recreation Advisory Board, a developer may dedicate a portion of the required park land dedication and make a contribution of money in lieu of land dedication for the remaining park land dedication requirement. With consent of the Parks and Recreation Advisory Board, this monetary contribution may be used to develop the park land in the development or elsewhere within the quadrant consistent with the Fayetteville Parks and Recreation Plan. (e) Approval. The Planning Commission's decision must be incorporated into the developer's preliminary plat, large scale development, or large site improvement plan prior to plat or plan approval. March 2021 Final Redlined Draft Page 74 of 134 (f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for each single-family dwelling unit and 0.020 acres of land for each multi -family dwelling unit. (g) Fee -in -Lieu formulas. A contribution in lieu of land dedication shall be made according to the following formula: $1,089.00 for each single-family unit. $952.00 for each multi -family unit based upon actual density. The Parks and Recreation Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review. (h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds the requirement of this subsection, the developer shall make a written request to the Planning Commission who may grant the developer a credit equivalent to said excess. Said credit shall be applied toward the developer's obligation under this subsection for any subsequent development located in the same park quadrant. (iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city signs the final plat, or issuance of building permits for a large scale development or large site improvement plan. A final plat shall not be released for recordation until the deed for a land dedication is received. Deeded land is dedicated public park land and not subject to any right of reversion or refund. A cash contribution in lieu of required land development shall be payable before the city signing the final plat, or issuance of building permits for a large scale development or large site improvement plan. With the approval of the planning commission a developer may pay such contribution in three (3) equal installments to be paid in full within one (1) year of final plat approval. If a developer makes a cash contribution in lieu of land dedication, the developer shall be entitled to a pro rata refund, together with the accrued interest therefrom, in the event actual density is less than the density used as the basis for the developer's contribution; provided, no refund shall be made unless application therefore is made in writing to the Zoning and Development Administrator within one (1) year from the date of final plat approval. In the event actual density is more than the density used as the basis for a dedication of land or case contribution the developer must make an additional land dedication or contribution in lieu of dedication. (iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be required to meet the standards for lot size, bulk and area within any zoning district. Lots created for the purpose of park land dedication to serve the residents of the surrounding area shall not be subject to POA/HOA dues or other fees established for maintenance or other purposes within the neighborhood. (v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in an interest bearing account. This money together with its earned interest shall be expended within five (5) calendar years of the last date of the calendar year in which it was received for the acquisition and/ or development of parkland that services the subdivision or development for which the contribution in lieu of dedication was made. If this money has not been expended within the allowed period, the unexpended money together with any of its remaining earned interest shall be refunded to the present owner of the property that was the subject of the new development and against which the parkland fee was assessed and collected. (C) Other Infrastructure Improvements. Other infrastructure improvements may be required where the need for such improvements is created in whole or in part by the proposed development as determined by the City Engineer. March 2021 Final Redlined Draft Page 75 of 134 (Code 1965, App. C., Art. III, §A(2), (3); Ord. No. 1979, 2-5-74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1-81; Code 1991, §§159.31, 159.32; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4263, 8-1-00; Ord. No. 4660, 12-21-04; Ord. No. 5152, 7-15-08; Ord. No. 5271, 9-1-09; Ord. No. 5296, 12-15-09; Ord. No. 5374, 12-21-10; Ord. No. 5523, 9-4-12; Ord. No. 5570, 03-05-13; Ord. No. 6116, §1, 11-20-18; Ord. No. 6166, §§1, 2, 4-2-19; Ord. No. 6195, §1, 6-4-19) 166.15 - Application For Building Permit (AZW Application. All applications for building permits shall be accompanied by plans in duplicate drawn- Formatted: Outline numbered + Level: 1 + Numbering to scale showing: Style: A, B, C, ... + Start at: 1 + Alignment: Left + LIL�The actual dimensions and shape of the lot to be built upon; Aligned at: 0" + Indent at: 0.25" (2Lc2-)---The exact sizes and locations on the lot of any existing structures or impervious Formatted: Outline numbered + Level: 2 + Numbering areasb ild ngs already existing, if any. Impervious areas will be considered as existing only if they Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned are in place prior to the effective date of this ordinance; at: 0.25" + Indent at: 0.5" (aL4�—The location and dimensions of the proposed structures and any new impervious area building or alteration; (4)_ Construction of between 1,201 and-10,000 square feet of impervious area on a single Formatted: Font: (Default) Arial, 10 pt lot meeting the -requirements of 166.02, including _building additions, shall Formatted: Font: (Default) Arial, 10 pt require additional reviews which may include, but is not limited to, grading and/or drainage review by engineering and tree preservation review urban forestry. (Reference §169.03, Formatted: Font: (Default) Arial, 10 pt 166.02) Formatted: Font: (Default) Arial, 10 pt (�(45)—The location and dimensions of the proposed Green Stormwater Practices (GSPs) and / or Mitigation Measures, as described in the current Drainage Criteria Manual. (6) 56The application shall include such other information as lawfully may be required by the Zoning and Development Administrator, including: LaLka)--Existing or proposed structures, building-eFalterations and impervious areas; Formatted: Outline numbered + Level: 5 + Numbering f�L{f3Y--Existing or proposed uses of the building and land; Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned Lcj_�e�The number of families, housekeeping units, or rental units the building is at: 1" +Indent at: 1.25" designed to accommodate; LdLkd —Conditions existing on the lot; and ice) ---Such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter. (B) Approval/Denial. One copy of the plans shall be returned to the applicant by the Zoning and Development Administrator after he/she shall have marked such copy either as approved or disapproved, and attested the same by his/her signature on such copy. The original of the plans, similarly marked, shall be delivered to, and retained by the Building Safety Division. (C) Expiration of Building Permit. (1) Begin Work-. If the work described in any building permit has not begun within one hundred eighty (180) days after the date of issuance thereof, said permit shall expire. It shall be canceled by the building inspector and written notice thereof shall be given to the persons affected. (2) Substantial Completion. If the work described in any building permit has not been substantially completed within two (2) years of the date of issuance thereon, said permit shall expire and be canceled by the Building Inspector and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained. March 2021 Final Reclined Draft Page 76 of 134 (3) Expiration of Building Permit After City Council Orders Raze and Removal of Dilapidated Structure. If the City Council has determined that a building is so unsafe, dilapidated, unsanitary, or such a nuisance that its raze and removal is necessary and orders such raze and removal pursuant to Section 173.09 of the Unified Development Code, any existing building permit shall automatically expire and be canceled by the Building Official within thirty (30) days of the City Council's Order of Raze and Removal unless the Building Official determines that such substantial work and progress has been accomplished that all of the safety and other problems of the building justifying its raze and removal have been or will soon be repaired, remediated or resolved so that a reasonable extension of the building permit is justified. The Building Official may also issue a new building permit for a structure's repair and rehabilitation within thirty (30) days of the Order of Raze and Removal, but such new building permit shall be authorized only for a thirty (30) day time limit to accomplish complete repair and renovation of the structure or at least sufficient work and progress so that the Building Official can determine that all of the safety and other problems of the building justifying its raze and removal will be promptly repaired, remediated or resolved so that a reasonable extension of the building permit is justified. The Building Official may then extend either the existing or new building permit for a period of time the Building Official deems sufficient to complete the repair, rehabilitation and remediation of the building. (Code 1965, App. A., Art. 9(2), (4); Ord. No. 1747, 6-29-70; Code 1991, §§160.191, 160.193; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 6127, §1, 12-18-18) 166.20 - Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land (grading)peen* / (7)-Sstorm water, drainage, and erosion control (drainage) permits; (67) Tree preservation plans; and (98) Floodplain development permits. (B) Time Limit. (1) Tasks to Be Completed. All of the above -enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive all building permits for the project; and/or, (b) For a Planned Zoning District, comply with the approved phasing plan; and/or (c) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (d) Receive a business license; and/or, (e) Receive all permits and approvals required by city, county, state, and federal regulations to complete construction of the development or project. (2) Administrative Extension Within One (1) Year. Prior to the expiration of the one (1) year time limit, an applicant may request the Zoning and Development Administrator to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. March 2021 Final Redlined Draft Page 77 of 134 Extensions that are not permitted administratively may be requested of the Planning Commission within ten (10) days of the final administrative decision. (3) Planning Commission Extension Within Eighteen (18) Months. Should an applicant miss the deadline to request an administrative extension, within eighteen (18) months of the date of approval the applicant may request the Planning Commission to extend the period up to one (1) additional year from the original date of approval, subject to the burden of showing good cause as described in this section. (4) Planning Commission Extension. Prior to the expiration of any allowed extension period (maximum of two (2) years from the date of original approval), an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year, if the plans and permits are substantially the same as those originally approved. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit and the permitted extension period. Extensions beyond three (3) years from the original date of approval shall not be permitted. (5) Ordinance Amendments. To receive approval of an extension, the applicant shall comply with all applicable zoning and development requirements that have been adopted subsequent to the original project approval. Projects that must be substantially modified to meet new code requirements are subject to Ch. 166.05(F) Modifications. (6) Variances. Variances from applicable zoning and development requirements that have been adopted subsequent to the original project approval shall be reviewed by the Planning Commission prior to approval of the extension. (7) Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (C) Three (3) Year Time Limit. (1) Tasks to Be Complete. All of the above -enumerated plans and permits are also conditioned upon the applicant completing the project and receiving final inspection approval and/or a final Certificate of Occupancy permit within three (3) years from the date of issuance of a building permit or receipt of all permits and approval required to complete construction of the project. (2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the Planning Commission to extend the three (3) year period to complete the project by up to two (2) additional years. The applicant has the burden to show good cause why the project could not reasonably be completed within the three (3) year time limit. (3) Expiration. If the applicant fails to meet the requirements of subsection (C)(1) within three (3) years from the date of issuance of a building permit/receipt of all permits and approval required or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (Ord. No. 5155, 7-15-08); Ord. No. 5425, 8-2-11) 166.21 - Downtown Design Overlay District (A) Purpose. The intent of this ordinance is to encourage good architectural form through the use of quality design and materials. The goal of the code is to promote functional architecture that creates attractive and usable space. Downtown Fayetteville has a rich architectural history spanning many decades and styles; therefore, architecture should be respectful of the existing built environment and should strive to enhance the public realm. A strong emphasis shall be placed upon designing and implementing sustainable and green architecture practices. (B) Applicability . The Downtown Design Overlay District applies to parcels of land located within the boundaries of the Downtown Design Overlay District. The Downtown Design Overlay District Architecture Standards are applicable in the following instances: March 2021 Final Redlined Draft Page 78 of 134 (1) If a conflict occurs between different standards, these standards shall supersede the City's Nonresidential Design Standards; Office, and Mixed Use Design and Development Standards in the Downtown Design Overlay District and College Avenue Overlay District. (2) All new construction, additions or renovations shall comply with these standards regardless of whether the improvements require a permit; ordinary repairs and maintenance are not subject to these standards. Specifically, only the new construction or portions of the building that are being renovated shall comply with these standards. (3) Building designs that strictly comply with these standards are to be considered approved for matters of aesthetics and shall not require further discretionary review for architectural character or appearance. (4) Building designs that do not comply with these standards may be permitted by a variance after review and approval by the Planning Commission. (5) Building designs that are denied or approved by the Planning Commission may be appealed to the City Council. (C) Downtown Design Overlay District Manual. (1) The City of Fayetteville Downtown Overlay District Manual shall be used in support of this chapter to explain specific objectives and principles and to provide a resource for guidance in implementing these standards. (2) Copies of the Manual are to be made readily available to the public in the Planning Division. (D) Special Building Elements and Appurtenances. If a building has a marquee, awning, balcony, colonnade, arcade, turret, cupola, porch or stoop then it shall comply with the following regulations: (1) Marquees and Awnings. (a) Standard. These dimensional requirements apply to first or ground floor awnings and marquees. There are no minimum standards for awnings above the first floor. (i) Depth. To the back of the curb maximum. (ii) Height. 7 feet minimum clear. (b) Right -of -Way Encroachment . Marquees and awnings shall occur forward of the principal fagade and may encroach within the right-of-way, in accordance with the Building Code adopted by the City of Fayetteville. (c) Placement. Placement of awnings or marquees shall not interfere with street trees, street lights, street signs, utilities or other such civic infrastructure. (d) Prohibited Materials. High -gloss or plasticized fabrics are prohibited. (2) Balconies. (a) Standard. (i) Depth. To the back of the curb maximum. Balconies above the second floor shall have a maximum projection of 4 feet from the principal fagade. (ii) Height . 10 feet minimum clear to the underside of the horizontal floor. Supports or appendages may not extend below 7 feet clear. (iii) Length. 80% maximum of principal building fagade for the second floor. 40% maximum for all balconies above the second floor. (iv) Roofs . Balconies may have roofs, but are required to be open, non -air conditioned parts of the building. March 2021 Final Redlined Draft Page 79 of 134 (v) Underside. The underside of a balcony extending over a sidewalk shall be covered with a solid material and lighting may be required, depending upon the proximity to a street light. (b) Right -of -Way Encroachment. Balconies may encroach within the right-of-way, in accordance with the Building Code adopted by the City of Fayetteville. (c) Placement. Balconies shall not interfere with street trees, street lights, street signs, utilities, or other such civic infrastructure. (3) Colonnades and Arcades. (a) Standard. (i) Depth. 8 feet minimum from the principal fagade to the inside of the column face. Columns must be set back 18 inches from the outside of the column face to the back of the curb. (ii) Height. 10 feet minimum clear. (iii) Length . 75-100% of the principal fagade. (iv) Underside. The underside of a colonnade or arcade extending over a sidewalk shall be covered with a solid material and lighting may be required, depending upon the proximity to a street light. (b) Right -of -Way Encroachment. Colonnades shall only be constructed where the minimum depth can be obtained. Colonnades shall occur forward of the principal facade, and may encroach within the right-of-way, but shall not extend past 18 inches from the back of the curb, in accordance with the building code adopted by the City of Fayetteville. (c) Placement. Colonnades may replace street trees along their length. (4) Turrets and Cupolas. (a) Standard. Area. 20 feet x 20 feet maximum footprint (ii) Height. If the footprint is larger than 10 feet x 10 feet, then the cupola/turret may extend a maximum of 25 feet above the eave or top of the parapet of the highest story. If the footprint is less than 10 feet X 10 feet then the turret or cupola may extend to maximum of 50 feet above the eave or top of the parapet of the highest story. (5) Front Porches. (a) Standard. (i) Depth. 6 feet minimum from the principal facade to the inside of the column face. (ii) Length . 25 to 100% of the principal facade. Front porches may be multi -story and are required to be open or screened and non -air conditioned. (b) Right -of -Way Encroachment. Front porches may occur forward of the principal facade. Porches shall not extend into the right-of-way. Front porches and stoops shall not be built within 18 inches of the side property line on attached unit types. (6) Stoops. (a) Standard. Stoops may be covered or un-covered and stairs may run to the front or to the side. (i) Depth. 4 feet minimum from the principal facade to the inside of the column face for stoops with a covered landing. (ii) Height. 96 inches maximum. March 2021 Final Redlined Draft Page 80 of 134 Length . Maximum 12-foot width for each individual building entrance or group of connected entrances. The pedestrian connection from the stoop to the public sidewalk shall be allowed to run from the door along the facade of the building, parallel to the street, for a maximum of 12 feet from the door, before connecting directly to the public sidewalk. (b) Right -of -Way Encroachment. Stoops may occur forward of the principal fagade and may extend into the right-of-way in accordance with the building code adopted by the City of Fayetteville. (c) Placement. Sidewalks shall have a minimum 5 feet clear access for pedestrian movements. Stoops shall not be built within 18 inches of the side property line on attached unit types. (7) Projected Bay. (a) Standard. Bays shall consist of habitable space. (i) Depth. 4 feet maximum from the principal facade. (ii) Second Story Height. Bays above the first or ground floor shall have a minimum of 10 feet clear to the underside of the horizontal floor. Supports or appendages shall not extend below 7 feet clear. (iii) Length . 20% maximum of the principal fagade length. (b) Second Story Right -of -Way Encroachment . Bays above the first or ground floor may encroach within the right-of-way, in accordance with the Building Code adopted by the City of Fayetteville. (c) Placement . Projected bays shall not interfere with street trees, street lights, street signs or other such civic infrastructure. (E) Exterior Architectural Elements. The lists of permitted materials and configurations have been selected for their durability, sustainability and responsiveness to climate. The primary goal of the Architectural Elements is authenticity; the elements encourage construction that is straightforward and functional and draws its ornament and variety from the assembly of genuine materials. Items not listed in the Architectural Elements may be approved upon review by the Planning Commission. (1) Rear Yards Only. The following shall only be located in the rear yard: (a) Trash dumpsters. (b) Trash and recycling carts and bins. (2) Exterior Prohibited Materials. The following shall be prohibited: (a) Undersized Shutters. Shutters shall be sized so as to equal the width required to cover the window opening. (b) Shutters made of plastic . (c) Glass with reflective coatings other than clear glass with Low-E coatings. (See opacity and fagade section). (d) Plastic or PVC roof tiles. (e) Aluminum siding. (f) Vinyl siding. (g) Wood fiber board. (h) Unfinished pressure -treated wood. (i) EIFS (Exterior Insulation Finish System) located on the first or ground floor. (3) Columns, Arches, Pedestals, Railings and Balustrades. March 2021 Final Redlined Draft Page 81 of 134 (a) Permitted Configurations . (i) Square columns shall have a minimum width of 6 inches with or without capitals and bases. (ii) Round columns shall have a minimum 6-inch outer diameter with or without capitals and bases. (iii) Pedestals shall have a minimum width of 8 inches. (b) Permitted Materials. (i) Columns and Pedestals . Brick, painted stained or natural wood, Terra Cotta, stained painted or un-painted concrete with a smooth finish, cast -in -place concrete with or without stucco, pre -cast concrete, fiber cement board, concrete masonry units with stucco, stone, structural steel, and cast iron. (ii) Arches and Lintels. Brick, painted stained or natural wood, Terra Cotta, stained painted or un-painted concrete with a smooth finish, cast -in -place concrete with or without stucco, pre -cast concrete, fiber cement board, concrete masonry units with stucco, stone, structural steel, and cast iron. (iii) Railings and Balusters . Brick, painted stained or natural wood, Terra Cotta, stained painted or un-painted concrete with a smooth finish, cast -in -place concrete with or without stucco, pre -cast concrete, concrete masonry units with stucco, stone, structural steel, cast iron, wrought iron, and glass. (4) Windows, Skylights, and Doors. (a) General Requirements. (i) Visible sills on the exterior of the building are required for all windows. (ii) Windows shall have trim on the sides and top when the exterior of the building is wood or lap sided. Window trim shall have a minimum dimension of 0.75 inches x 3.5 inches (a normal 1 x4). (iii) A minimum of 10% of the window area per floor shall be operable with the exception of the first or ground floor. (b) Permitted Configurations . (i) All window configurations are allowed. (c) Permitted Finish Materials Windows. Windows may be made of wood, aluminum, copper, steel, clad wood, thermally broken vinyl or aluminum. No false grids are permitted except for where mullions and muntins are permanently adhered to both the interior and exterior of a pane of thermally broken glass separated by a spacer aligned with the mullions or muntins in between panes of thermally broken glass. (Commonly referred to as simulated divided light windows). Doors. Doors may be made of wood, glass, fiberglass or metal. (Le. steel, aluminum, copper, bronze, etc.) (iii) Sills. Brick, painted stained or natural wood, Terra Cotta, stained painted or un-painted concrete with a smooth finish, cast -in -place concrete with or without stucco, pre -cast concrete, fiber cement board, concrete masonry units with stucco, stone, structural steel, and cast iron. (5) Roofs and Gutters. (a) General Requirements. (i) Roofs may be gabled, hipped, mansard, shed, gambrel, barrel-vaulted, or domed. March 2021 Final Redlined Draft Page 82 of 134 (ii) Applied mansard roofs are not permitted. (iii) Low sloped roofs (less than 1 in 12 pitch) shall have light colored finish materials. (b) Permitted Configurations . (i) Metal panel roofs shall expose the panel ends at the overhang. (ii) Gutters may be rectangular, square, half -round, or Ogee sections. (c) Permitted Finish Materials (i) Metal Roofs. Metal roofs may be made of galvanized steel, aluminum -zinc coated steel, copper, aluminum, zinc -alum, lead coated copper, terne, or powder coated steel. (ii) Shingles . Shingles shall be made of asphalt, metal, concrete, terrra-cotta, slate, or cedar shingles or shakes. (iii) Gutters and Downspouts. Gutters and downspouts shall be made of copper, aluminum, galvanized steel, aluminum -zinc coated steel, lead coated copper, terne, or powder coated steel. (6) Garden Walls, Fences and Hedges. (a) General Requirements. (i) Fences, garden walls, or hedges are permitted along side yards, rear yards, and all property lines which abut public streets or alleys. (ii) Fences in the front yard shall be not be 100% opaque and shall provide visible separation between the fence slats. Fences in a rear or side yard, at least 10 feet behind the principal fagade of the primary structure, may be at a maximum 100% opaque. (b) Height. (i) Front yard (in front of the primary structure) maximum height of 42 inches. (ii) Fences located in the rear and side yards (behind the principal fagade of the primary structure) shall have a minimum height of 36 inches and a maximum height of 8 feet. (c) Permitted Configurations. (i) Wood Fences. Vertical picket fences or horizontal slat fences with corner posts, and split rail fences; privacy fences are permitted in the rear and side yard only, behind the principal fagade of the primary structure. (ii) Metal Fence . Fence shall be comprised of primarily vertical pickets with a minimum 5/8 -inch diameter, and 4-inch maximum clear space between the pickets. (iii) Brick and Stone. (d) Permitted Finish Materials (i) Wood. (ii) Wrought iron, steel and cast iron. (iii) Brick and stone. (iv) Concrete masonry units with or without stucco so long as the primary structure corresponds. (v) Reinforced concrete with or without stucco as long as the primary structure corresponds. (7) Opacity and Facades. (a) General Requirements. March 2021 Final Redlined Draft Page 83 of 134 (i) Each floor of any principal building fagade above the first floor facing a park, square or street shall contain windows covering from 15% to 60% of the principal fagade area. (ii) The permitted percentage of glass may be increased to 80% for any two floors above the fourth floor provided that there is a minimum stepback of 15 feet from the principal fagade. (iii) A minimum of 10% of the window area per floor shall be operable with the exception of the first or ground floor. (iv) All glass shall have a Low-E coating. (v) Glass used above the first or ground floor shall have a visible transmittance rating of 0.4 or higher. (b) First or Ground Floor Requirements of Any Principal Fagade . (i) Glass on the first or ground floor shall have a visible transmittance rating of 0.6 or higher. (ii) Commercial space and storefronts shall have a minimum of 75% glass on the first or ground floor. (iii) Office, institutional, and other non-residential space shall have a minimum of 50% glass on the first or ground floor. (iv) Multi -family residential space shall have a minimum of 40% glass on the first or ground floor. (v) Single family and two (2) family residential space shall have a minimum of 5% glass on the first or ground floor. (vi) The measurement for glass percentage on the first or ground floor shall be calculated at the pedestrian level between 2-12 feet above the sidewalk. For a building fagade located outside of a build -to zone the measurement for glass percentage on the first or ground floor shall be at the pedestrian level between 2 and 12 feet above the finished floor elevation (FFE). (vii) Doors or entrances for pedestrian access shall be provided at intervals no greater than 50 ft. apart along the principal fagade. (Ord. No. 5056, 9-04-07; Ord. No. 5679, 4-15-14; Ord. No. 6017 , §1, 12-5-17) 166.23 - Urban Residential Design Standards (A) Purposes. (1) To protect and enhance Fayetteville's appearance, identity, and natural and economic vitality. (2) To create appealing street scenes so that development enhances the image of the city and provides safe, pedestrian -friendly neighborhood environments. (3) To minimize service and parking impacts in order to preserve surrounding property values and scenic resources that contribute to the city's economic development. (4) To compose attractive residential facades that enhance the economic viability of and provide compatibility with surrounding property. (B) Applicability. All references to urban residential design standards shall include the following uses as permitted by right or conditional use in all zoning districts: (1) 2-F, Two (2) family dwellings (2) 3-F, Three (3) family dwellings (3) MF, Multi -family dwellings March 2021 Final Redlined Draft Page 84 of 134 (C) Site Development Standards. The following site development standards shall apply for all urban residential development. (1) Intent. The intent of these site development standards is to create a pedestrian -friendly streetscape. (2) Vehicular Access/Circulation/Parking. (a) Site access and internal circulation should promote pedestrian safety, efficiency, and convenience and minimize conflicts between vehicles and pedestrians. Continuous circulation shall be provided throughout the site to the greatest extent possible creating a complete, compact, and connected transportation network both within the development and to the surrounding neighborhood. The visual impact of parking areas should be minimized by locating parking behind buildings and internal to the site. (i) Garage entries and carports shall not protrude forward from the principal facade. Driveways shall extend at least 18 feet into the property from the Master Street Plan right-of-way to allow parking to occur without encroaching into the right-of-way. (ii) Parking areas should be accessed by mid -block alleys whenever possible. Developments should minimize multiple driveways and should utilize a shared access to reduce the number of vehicle conflicts at the street. (iii) On -street parallel parking may be provided on at least one (1) side of the street in front of all multi -family buildings where feasible. Each on -street parking space provided along the project frontage shall count toward the total required spaces for the development. (3) [Reserved.] (4) Pedestrian Circulation. (a) Ground floor dwelling units adjacent to a public street shall have a primary pedestrian entry that is visible from the street. This entry shall connect to the public sidewalk where sidewalk exists. The entry may be shared, but must occur at a spacing of no fewer than one (1) entrance for every two (2) street level dwellings. The pedestrian connection to the street may run from the door along the facade of the building parallel to the street for a maximum of 12 feet from the door before connecting directly to the public sidewalk. (b) Urban residential projects should incorporate pedestrian connections to adjacent residential and commercial properties where sidewalks and/or trails exist and can be extended in the future. (5) Screening Requirements if Visible from the Highway/Street Right -of -Way. (a) Mechanical and Utility Equipment. All mechanical and utility equipment located on the wall and/or on the ground shall be screened, except for air conditioning window units. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting building. Mechanical and utility equipment over 30 inches in height shall meet building setbacks, unless located in a utility easement. (b) Recycling and Trash Containers. Adequate space and screening shall be provided for the placement of recycling and trash containers in urban residential developments. (i) Urban residential developments are required to provide adequate space to provide both recycling and trash services for residents. The Recycling and Trash Collection Division Director may exercise discretion in approving the dimensional size of the required enclosure or dedicated space for servicing recycling and trash containers. Large multi- family urban residential developments typically will be required to provide adequate space for the placement of two (2) front-end load dumpsters that are easily accessible with a minimum enclosure dimension of 24 feet wide and 12 feet deep. March 2021 Final Redlined Draft Page 85 of 134 (ii) Recycling and trash containers shall be screened by enclosures with materials that are complementary to the principal structure, with access to the refuse containers not visible from the public right-of-way. (c) Screening. Screening shall mean a view obscuring fence, berm, vegetation, architectural treatment consistent with the residential architecture, or a combination of the four of sufficient height to prevent the view of the screened items from the public right-of-way. Vegetation shall be planted at a density sufficient to become view obscuring within two years from the date of planting. (6) Fencing. The following types, height, and location of fences shall be prohibited: (a) Razor and/or Barbed Wire. Razor and/or barbed wire fences are prohibited, unless and except barbed wire fences are used for agricultural purposes. (b) Chain Link. Chain link fence is prohibited if closer to the street than the front of the building. (c) Height of Fences in Front of Buildings. Fences in the front yard area shall have a maximum height of 42 inches subject to visibility requirements in Chapter 164.09 and 164.17. (D) Architectural Design Standards. (1) Intent. The intent of these building design standards is: (a) To ensure that urban residential buildings add to the character and quality of the community, offer a sense of security, and make a positive contribution to the life of the street. (b) To maximize the quality, value and longevity of urban residential neighborhoods. (c) To make housing appealing and comfortable for its inhabitants. (2) Construction and Appearance Design Standards for Urban Residential Development. (a) Building Form and Design. (i) In order to provide a variety in form and design, one (1) building type may not be utilized more than three (3) times in a development. Each building type shall be differentiated by variations in materials, colors and roof forms. (ii) Ancillary structures such as carports, garages, recreational buildings and storage structures shall be designed as an integral part of the project architecture. (iii) The following architectural elements shall be required of all principal facades: (a) Variations in materials; (b) Insets or other relief in the wall plane; (c) Incorporation of two or more of the following: (1) Balconies; (2) Bays or bay windows; (3) Porches; (4) Dormers; (5) Porticoes; (6) Turrets; or (7) Other architectural feature approved by the Zoning Development Administrator that meets the intent of the code. (E) Planning Commission Approval. An applicant may request approval from the Planning Commission of a variance from the maximum requirements where unique circumstances exist and the effect will March 2021 Final Redlined Draft Page 86 of 134 not adversely impact adjoining or neighboring property owners. The applicant shall provide notification to adjacent property owners prior to the date of the meeting. (Ord. No. 5118, 3-18-08; Ord. No. 5262, 8-4-09; Ord. No. 5679, 4-15-14; Ord. No. 6170, § 1, 4- 2-19) CHAPTER 167: - TREE PRESERVATION AND PROTECTION 167.04 - Tree Preservation And Protection During Development (A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified Development Code as follows: (1) Large Scale Developments. (2) Large Site Improvement Plan. (3) Small Site Improvement Plan. (4) Preliminary Plat. (5) Final Plat. (6) Concurrent Plat. (7) Planned Zoning Districts. (8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for permits on projects that are required to go through the subdivision or large scale development process. (9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family residential development shall submit an abbreviated tree preservation and site plan at the time of applying for a building permit. (10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for grading permits on projects that are not required to go through the development process. (11) Building Permits. Tree preservation requirements apply to all permit applications for of thFee (3) OF FnGFe dwelling ,,..,.sdevelopments of greater than 6,000 square feet of impervious area. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision or large scale development process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree preservation plan or review from Urban Forestry. p. versons seeKing io euRa-cons>ruci n,uuu square reei or less or impervious area ene-F+i — l Formatted: Not Highlight �'�� single family `welling Unit OF ^'�� �a1e specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all Formatted: Not Highlight the provisions of this ordinance shall apply. b. Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in an enlargement of the building footprint or roof dripline shall not require an abbreviated tree preservation plan. March 2021 Final Redlined Draft Page 87 of 134 (B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant information, when evaluating tree preservation plans: (1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species. (2) Whether the design incorporates the required tree preservation priorities. (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. (4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. (5) Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. (6) Whether the size or shape of the lot reduces the flexibility of the design. (7) The general health and condition of the tree or group of trees, or the presence of any disease, injury, or hazard. (8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the property. (9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. (10) Whether proposed roads and proposed utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. (11) Construction requirements of on -site and off -site drainage. (12) The effects of proposed on -site mitigation or off -site alternatives. (13) The effect other chapters of the Unified Development Code, or City policies have on the development design. (14) The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations. (15) The impact a substantial modification or rejection of the application would have on the applicant. *Note— The above items are not presented in any particular order of importance. The weight each is given will depend in large part on the individual characteristics of each project. (C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum Canopy, unless the applicant has been approved for on -site mitigation or off -site alternatives as set forth in §167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new development is based on the total area of the property for which the applicant is seeking approval, less the right-of-way and park land dedications. An applicant shall not be required to plant trees in order to reach the percent minimum canopy requirement on land where less than the minimum exists prior to development. Table 1 Minimum Canopy Requirements PERCENT ZONING DESIGNATIONS MINIMUM CANOPY R-A, Residential - Agricultural (nonagricultural uses) 25% RSF-.5, Single-family Residential - One Half Unit per 25% Acre March 2021 Final Redlined Draft Page 88 of 134 RSF-1, Single-family Residential - One Unit per Acre 25% RSF-2, Single-family Residential - Two Units per Acre 20% RSF-4, Single-family Residential - Four Units per Acre 25% RSF-7, Single-family Residential - Seven Units per Acre 20% RSF-8, Single-family Residential - Eight Units per Acre 20% RSF-18, Single-family Residential - Eighteen Units per Acre R-O, Residential -Office 20% 20% RI-12, Residential Intermediate, Twelve (12) Units Per Acre 20% RI-U, Residential Intermediate - Urban 15% RMF-6, Multi -family Residential - Six Units per Acre 20% RMF-12, Multi -family Residential - Twelve Units per Acre 20% RMF-18, Multi -family Residential - Eighteen Units per Acre 20% RMF-24, Multi -family Residential -Twenty-Four Units per Acre 20% RMF-40, Multi -family Residential - Forty Units per Acre 20% NS-L, Neighborhood Services - Limited 20% NS-G, Neighborhood Services - General 20% C-1, Neighborhood Commercial 20% CS, Community Services 20% C-2, Thoroughfare Commercial 15% UT, Urban Thoroughfare 15% C-3, Central Business Commercial 15% DC, Downtown Core 10% MSC, Main Street Center 10% DG, Downtown General 10% NC, Neighborhood Conservation 20% 1-1, Heavy Commercial and Light Industrial 15% 1-2, General Industrial 15% P-1, Institutional 25% PZD, Planned Zoning District (HHOD) 25% (30%) March 2021 Final Redlined Draft Page 89 of 134 All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%. (D) Prior tree removal. (1) If trees have been removed below the required percent minimum canopy within the five (5) years preceding application for a development, the site must be forested to meet the Percent Minimum Canopy requirements set forth in Table 1, plus an additional ten percent (10%) of the total area of the property for which the applicant is seeking approval, less the right-of-way and park land dedications. The number of trees required to be planted shall be calculated using the Base Density for High Priority trees. (2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of this chapter, the additional 10% reforestation requirement shall be waived. (E) Tree Preservation Priorities. (1) Percent minimum canopy. Proposed designs must meet the percent minimum canopy requirements for the particular zoning designation, emphasizing the preservation and protection of high priority trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to avoid existing canopy. (2) Existing Natural Features. Each design shall consider the existing natural features of the site, the preservation priorities for the trees, and the impact their proposed removal may have both on and off -site. (3) Preservation Priorities. The list of preservation priorities (See: Table 2) shall guide the review of each development's design. The submittal of designs which do not incorporate preservation priorities for the trees on the site shall result in the denial of the tree preservation plan. (4) High Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently to meet the minimum percentage of canopy preservation. The preservation and protection of lower priority trees shall not be substituted for that of high priority trees, except: (a) When the justification for such a substitution is set forth in the analysis report; and (b) The substitution is approved by the Urban Forester. Table 2 Preservation Priorities High Priority Mid -level Priority Low Priority Canopied slopes Contiguous Invasive species woodlands Floodways and riparian Non-native buffers woodlands Relic orchards Native woodlands Use buffers Less desirable species Significant trees March 2021 Final Redlined Draft Page 90 of 134 *Note— Each of the above is listed alphabetically beneath its respective category. They are not presented in any particular order of importance within that category. (F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments (1) Residential Developments. The percent minimum canopy in residential developments shall be located in areas that have the least possibility of impact as public infrastructure and proposed utilities are installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the use and enjoyment of prospective lot owners. Residential developments requesting tree removal below the percent minimum canopy requirement may choose either residential on -site mitigation, or to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement, and such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent minimum canopy requirement. (2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for the development of nonresidential developments. The Urban Forester shall recommend to the Planning Commission the option that will potentially preserve the largest amount of priority canopy based upon the tree preservation criteria set forth in §167.04(B) above. (a) Preservation Plan for Entire Development. The developer may choose to preserve the percent minimum canopy required for the entire development. With this option, the preserved canopy shall be located in areas that will not be impacted by future development of the individual lots. Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in §167.04(L) below. Should the entire percent minimum canopy requirement for the site be so protected, the final plat shall include a statement that the individual lots, as represented thereon, shall not require separate tree preservation plans. (b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall delineate the area required for the construction of the infrastructure and improvements for the development. This area should include street rights -of -way, and utility and drainage easements. Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal of trees during the grading of individual lots, unless shown by the developer to be essential to the project's engineering design. The developer will be required to compensate for the canopy removed from defined individual lots by making the appropriate payment into the Tree Escrow Account. On all other areas of the development, the developer shall protect the existing canopy during the construction phase in accordance with §167.05 below. The final plat shall include a statement that the individual lots shall require separate tree preservation plans. (3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum tree canopy requirement. (4) Developers have the option of creating cluster development, such as a Planned Zoning District, which would encourage more open space and tree preservation. In this pattern of development, the trees preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead of individual lots required to meet minimum percent requirements. The Tree Preservation Easements shall be clearly depicted on easement plats or final plats. (G) Initial Review. (1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to submitting a proposed development to the City. During the initial review, the Urban Forester shall make recommendations to ensure the proposed subdivision or development complies with the requirements of this chapter. These recommendations shall be nonbinding. March 2021 Final Redlined Draft Page 91 of 134 However, applicants proceed at the risk of higher costs and longer approval times due to changes required by a noncompliant submittal should they choose not to have the initial review or to disregard the recommendations of the Urban Forester. (2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial review meeting in the Tree Preservation and Protection staff report given to applicants going through the development review process. If the applicant chooses to attend an initial review meeting, the staff report shall also document any recommendations made. The Urban Forester shall ensure that a copy of the report or email becomes part of the permanent file for the project. (H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree preservation criteria and percent minimum canopy requirements as set forth under § 167.04 (B) and (C). (1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree preservation analysis to determine the approximate age, health, size and species distribution of the trees, noting each on a tree preservation plan, and clearly showing the locations and types of all natural features on a site, including features 100 feet beyond the property lines. The tree preservation plan shall also specifically depict the applicable preservation priority level for each tree or group of trees on the site. The plan should include, but not be limited to, delineation of the following features as they exist on the site: (a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the natural drainage patterns; (b) The property line boundaries of the site; (c) Soils identified according to the Unified Soil Classification System; (d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species, diameter at breast height (DBH), and the overall health of each significant tree; (e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species, average height, diameter at breast height (DBH), and general health of the trees. (f) All existing utilities and utility easements; (g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist on the site or within 100 feet of the limits of disturbance; (h) Floodplains and floodways on the site; (i) All existing rights -of -way within and surrounding the project site, including any designated trails or bike paths; and, Q) Any other factors that may impact the design of the site. (2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements, and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be implemented for their protection. These measures shall include, but need not be limited to, fencing, limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation, Protection and Landscape Manual for details, examples and specific checklists. Examples can be provided upon request to the Urban Forester. (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between 6,001 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, Subdivision Committee and Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site March 2021 Final Redlined Draft Page 92 of 134 plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. (4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not met. The report shall detail the design approaches used to minimize damage to or removal of existing canopy that were considered in arriving at the proposed design. Written justification shall be presented as to why individual trees or canopy must be removed. The report shall also detail proposed on -site mitigation options or off -site alternatives, as detailed below. (5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas, preserved trees, and the physical limits of all protective measures on site required during construction. (6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree preservation plans shall not be required to submit analysis report. (7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation Easements for the added protection of trees preserved to meet percent minimum canopy requirements or trees planted, in those instances where such would be of mutual benefit to the applicant and the City of Fayetteville. (1) Request for On -Site Mitigation. (1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum canopy requirement must be incorporated with the applicant's tree preservation plan. (2) Plan Requirements. The tree preservation plan must graphically represent the species and location for all existing trees on -site. It shall also include a chart clearly stating the following information: (a) The number of trees requested for removal; (b) The percentage below the percent minimum canopy requirement they represent; and, (c) The species and number of trees to be planted based on the forestation requirements below. (3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (4) Forestation Requirements. The number and species of trees required for forestation shall be based upon the quality of the canopy lost: (a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy required, the canopy square footage removed shall be forested at a base density of two hundred (200), 2-inch caliper trees per acre removed. (b) Mid -Level Priority Canopy. When removing mid -level priority canopy required, the canopy square footage removed shall be forested at a base density of one hundred fifty (150), 2- inch caliper trees per acre removed. March 2021 Final Redlined Draft Page 93 of 134 (c) Low Priority Canopy. When removing low priority canopy below the percent minimum required, the canopy square footage removed shall be forested at a base density of one hundred (100), 2-inch caliper trees per acre removed. (5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be accomplished by forestation on a per acre basis. The base density formula used above is based on 2-inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases, the number of trees to be planted may be adjusted in accordance with the species table to be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars, when available, or selected from the list of preferred tree species set forth in the City of Fayetteville Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the amount of space available for proper growth on the site, and must be approved by the Urban Forester. (7) Placement of Trees . The applicant is expected to plant trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured. (8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments shall comply with all the provisions of §167.04(1), as well as the following: (a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees based on the forestation requirements as set forth at §167.04(1)(4). (b) All plans requesting residential on -site mitigation shall include a binding three (3) year maintenance and monitoring plan, which shall hold the applicant responsible for the health of all planted trees. (i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the applicant depositing with the city an irrevocable letter of credit in an amount equal to the estimated cost of materials and labor for all trees at the time of planting. The irrevocable letter of credit must cover the entire three (3) year maintenance and monitoring period. Applicant shall submit cost estimates to the Urban Forester for approval. (ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall inspect the site and determine whether 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the city shall release the letter of credit. (iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the Urban Forester. If the applicant does not take remedial steps to bring the property into compliance, the city shall use the necessary moneys from the landscape establishment guarantee to do so. (iv) In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (c) Developers requesting mitigation trees be planted along the street right-of-way of residential developments shall submit a landscape plan that complies with the standards outlined in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new trees planted are of the highest quality, require low maintenance, and do not interfere with public safety. The species of trees to be planted shall be selected from the March 2021 Final Redlined Draft Page 94 of 134 approved street tree species list, or be otherwise specifically approved by the Urban Forester. The applicant's mitigation plan for planting street trees shall describe in detail the method for tracking the development of the individual lots, which shall best ensure that required number and species of mitigation trees are planted. (J) Request for Off -Site Alternatives. (1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in, and submitted concurrently with the applicant's tree preservation plan. (2) Off -Site Preservation . The applicant may seek approval of the Urban Forester to preserve an equal or greater amount of canopy cover at a site within the city limits or, with the express approval of the City Council by its resolution, within'/4 mile of the Fayetteville city limits. (3) Off -Site Forestation. (a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban Forester to plant the required number of trees on another site owned by the applicant and located within the city limits or, with the express approval of the City Council by its resolution, within one -quarter mile of the Fayetteville city limits. A tree preservation easement must be conveyed concurrently with or prior to submission of a final plat by the applicant to the City to protect any off -site preservation or forestation and the legal description of the tree preservation easement shall also appear on the final plat. (b) An applicant may plant and maintain mitigation trees needed for the applicant's development as to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city park or public right-of-way if expressly approved by City Council resolution. The City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about the advisability of forestation of the nearby city park and may apply express conditions including requiring irrigation to be installed and regular maintenance to be performed by the applicant. (4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation and off -site forestation to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and maintenance for three (3) years. (a) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights - of -ways, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (b) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (c) Money contributed under this section: (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; (ii) Shall not revert to the general fund for ongoing operations. March 2021 Final Redlined Draft Page 95 of 134 (d) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. (e) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. (f) Refunds shall be paid to the applicant who made the original contribution. (g) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (h) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. (i) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account under this ordinance. (K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all recommendations or administrative determinations made regarding an applicant's tree preservation plan. (1) The form shall clearly indicate whether the Urban Forester is making a final administrative determination, or a recommendation to the Planning Commission or City Council. (2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or "CONDITIONALLY APPROVED," and explain the reasoning therefore. (3) A statement shall appear on the form explaining the process by which a final administrative determination may be appealed in accordance with Chapter 155 of the Unified Development Code. (4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the permanent file for the project. (L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation Easements. (1) In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted on the easement plats for large scale developments and the final plats for nonresidential subdivisions. This shall be accompanied by a narrative statement describing the nature of the protection afforded, and bearing the signature of the Urban Forester. Lots in residential subdivisions are expressly exempt from these requirements. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) The geographic extent and location of tree preservation easements, once recorded, may only be modified, or abolished with the express approval of the City Council. Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville. Such requests shall be s ubmitted to the March 2021 Final Redlined Draft Page 96 of 134 urban forester, who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council meeting. (3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation easement shall seek prior approval from the Urban Forester, who shall determine if such removal is consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter. Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester determines that natural replacements of sufficient health and vigor are already present in the tree preservation easement. (Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03- 04; Ord. No. 4855, 4-18-06; Ord. No. 4930, 10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No. 5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824, §3, 11-17-15; Ord. No. 5945, §17, 1-17-17; Ord. No. 5986 , §§4(Exh. A), 5-35, 7-6-17) CHAPTER 168: - FLOOD DAMAGE PREVENTION CODE 168.01 - Purpose (A) The purpose of this erdinaase Chapter is to promote the public health, safety and general welfare, to prevent adverse impacts from any floodplain development activities, and to minimize public and private losses due to flooding events in identified special flood hazard areas. This flood damage prevention codeerdiaaase advances the stated purpose through provisions designed to: (1) Protect human life and health; (2) Protect natural floodplains against unwise development; (3) Eliminate adverse impacts of necessary floodplain development; (4) Protect, restore and maintain the chemical, physical, and biological integrity of the water resources; (5) Reduce pollutants in surface waters by filtering, settling, and transforming pollutants in runoff; (6) Stabilize the banks of streams to reduce erosion and the downstream transport of sediment and nutrients; (7) Maintain tree canopy to shade streams, reduce water temperatures, promote desirable aquatic organisms resulting in ecological integrity with improved fishing, greater scenic value and recreational opportunity; (8) Minimize expenditure of public monies on flood control projects; (9) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (10) Minimize prolonged business interruptions due to flooding events; (11) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in Special Flood Hazard Areas; (12) Minimize future flood blight areas to help maintain a stable tax base; (13) Provide for notice to potential buyers when property is in a special flood hazard area; (14) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (B) This ordinance uses the following methods to accomplish the stated purpose: March 2021 Final Redlined Draft Page 97 of 134 (1) This ordinance restricts or prohibits structures or uses in special flood hazard areas that adversely impact health, safety or property during flooding events; (2) This ordinance requires protection against flood damage for structures or uses vulnerable to floods at the time of initial construction, or after substantial improvement of the structure, or after substantial damage has occurred; (3) This ordinance controls the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation and transport of flood waters; (4) This ordinance controls floodplain development (structural development, placement of manufactured structures, clearing, grading, mining, drilling, dredging, placement of fill, excavating, watercourse alteration, drainage improvements, roadway or bridge construction, individual water or sewer installations and other activities) which may increase flood damage by increasing flood elevations, flood water velocities, or flood discharge patterns; (5) This ordinance regulates the construction of flood barriers which unnaturally divert floodwaters or which may adversely impact other lands. (Ord. No. 4368, §4 (Ex. B), 02-05-02; Ord. No. 5141, 5-6-08; Ord. No. 5390, 3-1-11) 168.02 - Definitions Unless SpeGif'Gally defined below, words or phrases in this Code h;;vp thpir nAMMA to give the most FeaSE)Rable appliGAtOAR to this Code. See Section 151.01; aAdditional definitions for floodplain management ieFm can be found at Part §59.1 of 44 CFR. One hun"d (100) year flood is any floed with a 0 misleading, beGause Af its statistipal derivation. A. "Ane hundFed (100) yeaF - I , any times any given e hundred (100) year peried, or if m not n of all in nne hundred (100) years Five hundred (500) year flood is any flood with a 0 chance Of occurring in any given year. As with the one hundred (100) year flood, this term is -also misleading, because of its statistical deriv-ation A five of ell i.. five hundred (500 years. d, erne im vef rneans aRy negative. er h..rrnf,-I eff....r elevations. A.H. 46k zenw; are speGial flood hazard arpas sharaGteFized by shallow flooding with pending effGGtS (where floodwaters anrurnudate On depressions and longer until absorbed or evaporated). A04F* zonag are SpeGial flood hazard are;;-; AMmGterized by shallow flooding With sheet flow (where flee.d.....1ero fle..9 OR a hmad shalle%v ;heel rather 1h AR fh FE)Ugh aRaFFE)W ehaRRel\ ,4 Airk oze.Fieq nrt- speGial flood hazard areas %vithout detailed studies, where hast, floAd PlevatmoRs have Fief hpp...d..lerw.i.....J March 2021 Final Redlined Draft Page 98 of 134 March 2021 Final Redlined Draft Page 99 of 134 Formatted: b0 March 2021 Final Redlined Draft Page 101 of 134 Cha#ew FneaRs a .depth of less than 2 feet hefere the a rote 06 real flooding. The rnaps furtheF GategorizLz thpss Rrsas into var'nur flood risk zones A, AE, AH, and AQ. Start ofnonqtrurtion ind, Ops quinstantial and means the d te the building permit WaS ssued, provided the antual start of GORStFUGtion, repair, FeGen&UGtien, rehabilitation, addition plaGement, OF other ifflffeverne.nt i.vas I.Nithi.n. one hundFed eighty (180) days of the peffnit date. The aGtual start slab or feetings, the installation of piles, the GenStFUGtien Of GOlumns, or any werk beyond the stage of nclude land preparation, such as clearing, grading and filling; nor does it include the installation of streets substantial improvement, the aGtUal start of nonstruntiOn mp;;n,; the first alteration of any wall, Geiling, the building building, the building. Statp- r-o-o-rd-6n.-t-00 agenc), is the agency that acts as -a liaison hPhNPp.n. IFF-IN.40. and. a. community for the purposes of fleodplaiR maRagerneRt. The Arkaw;as Natural Reseurres Comm ssien is the State Coordinating Agency for Arka Ryas a� - ' I . - or shore."ne that is managed to maintain the integrity of the watepNay and to redUGe StrwGtwe, for the purposes of fleadplain management, refers to any building with two (2) or mere rigid walls and a fully sepured FO-Of OR A pepmarieRt Site Ew to aRy gas ar liquid stE)Fage taRk that is PFORGipally above ground. exeeeding the aVeFage el high water stage USA,; vuhneirab.W to floods aFe simply aRy land or struAt-wal -W;es that may be Regatively aff8Gted by a fteod. Fisk 7ene,; Are speGial gFE)UP of ins- wanee risk zen s. One (1) type, shown as nen shaded areas on FRAA. 4-ssupd flood rnaps, indiGate'; a. zone v;hwL, flooding is not eXpeGtpd to ncGur. The SeGand type, ghpy.m as shaded amgs of FRAA. flood maps, ind'Gattas a flood hazard area that is expeGtpd to bs affeGted by the five hURdred (500) year flood, but not by the eRe hundred (100) year base flned (QFd Ale 4368 RA (C.. B) 00 nC 02; QFd No. 514 1 C 6 08; QFd No. 5390 4 1 11 \ '- Formatted: b0 168.05 -Administration (A) Designation of the Floodplain Administrator. The Mayor, or his/her designee, is hereby appointed to act as the Floodplain Administrator. March 2021 Final Redlined Draft Page 102 of 134 (B) Duties and Responsibilities of the Floodplain Administrator. It is the duty and responsibility of the Floodplain Administrator or his/her designee to: (1) Obtain accreditation each year as required by A.C.A. §14-268-106 through the state coordinating agency, whinh is the Arkansas Natural Resnumes rnmmissinn (2) Administer and implement the provisions of this Code and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) as they pertain to floodplain management (3) Review applications for floodplain development permits to: (a) Evaluate proposed projects for reasonable safety from flooding; (b) , (c) Ensure that all other permits necessary (including Section 404 Wetlands Permits as required by the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) for proposed projects are obtained from the appropriate government agency prior to issuing a floodplain development permit; and (d) Ensure that proposed projects conform to the applicable provisions of this Code. (4) Approve or deny applications for floodplain development permits on the basis of: (a) The proposed development's compliance or non-compliance with the provisions of this Code; (b) The expected flood elevation, flood water velocity, flood duration, rate of rise and sediment transport of the floodwaters expected at the proposed development site; (c) The proposed development's potential to adversely impact life and property by changing flooding patterns, changing erosion rates, or being swept onto other lands by flood waters; (d) The proposed development's susceptibility to flood damage; (e) The PFE)pose.d development's natihility with existing and nlannpdcarn-munity development; nt; rr /f-_The proposed development's accessibility by ordinary and emergency vehicles during flooding events; events,(g) The anticipated costs of providing governmpntal qPrvirps to the proposed development during and a#er flooding maintenanGe and repair of , bridges, fanilities anal publie � �tilitie-s as seweF, gas, .., elentrinal and ate. systems; (hr) e-pTvPvS2d development's fnnt,iona„lly dependent vS2,The availability of alternative IGGations, net subjeGt tG flooding or erosion daFnage, f4gr the proposed development; and !'1 lot' f the d_a to the hen Ion for that The use ",ararea. (5) Interpret the exact location of the boundaries of special flood hazard areas whenever a mapped boundary appears to be different from actual field conditions. (The sole purpose of this interpretation is to determinate the applicability of the provisions of this Code to the proposed project.) (6) Notify adjacent communities and the state coordinating agency, Whinh is the ArlaRsaG Natural Resources Commission, a minimum of sixty (60) days prior to any alteration or relocation of a watercourse, and submit evidence of all such notifications to FEMA. (7) Ensure that the flood carrying capacity within an altered or relocated portion of a watercourse is not diminished, and that the alteration or relocation does not adversely impact any other lands. March 2021 Final Redlined Draft Page 103 of 134 (8) Obtain, review and reasonably utilize, whenever the current Flood Insurance Study or current Flood Insurance Rate Map does not provide base flood elevation data, any base flood elevation data and floodway data available from any federal, state or other source. The Floodplain Administrator may obtain such data by requiring the applicant to submit it in conjunction with a floodplain development permit application. (The sole use of this data is the administration of the provisions of this Code.) (9) Inspect floodplain developments as necessary to ensure construction is in accordance with the application data that formed the basis for the decision to issue the floodplain development permit. (10) Issue certificates of compliance where applicable. (11) Maintain all records and documents pertaining to this Code for public inspection. (Ord. No. 5141, 5-6-08) 168.06 - Establishment Of Floodplain Development Permit A floodplain development permit is required for any proposed change to improved or unimproved real estate r bridge tFUG+,. individual w;;Uar r spv., nstallati nsany t ,, her �.. e . in a special flood hazard area for the purposes of ensuring compliance with to ensure GenformanG^ with the provisions of this Code and Title 44 Emergency Management and Assistance of the Code of Federal Register. Under 44 CFR Ch. I, Subchapter B, Subpart A —General §59.1 Definitions, this includes any development, or man-made change, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.- 168.07 - Permit Procedures (A) Application for a floodplain development permit shall be presented to the Floodplain Administrator ea forms furnished by hirn4ief electronically and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. (B) The documentation required with each application for a floodplain development permit, and the specific provisions of this Code applicable to the proposed development, are dependent upon the type of development proposed and the risk zone of the proposed development site. §168.10(A) contains standards for all developments in all risk zones. §168.11 contains standards for specific development types in specific risk zones. (C) The decision of the Floodplain Administrator to approve or deny issuance of a floodplain development permit is subject to appeal to the designated Appeal Board. Within Fayetteville, Arkansas the designated Appeal Board is the City Council. (Ord. No. 5141, 5-6-08) 168.10 - Provisions For Flood Hazard Reduction Formatted: Space Before: Auto, After: Auto General Standards. The following standards apply to all developments in special flood hazard- Formatted: Indent: Hanging: 0.05" areas, regardless of the type of proposed development or the risk zone of the proposed site. (A) All new and substantial construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; March 2021 Final Redlined Draft Page 104 of 134 (B) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (C) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (D) All critical facilities constructed or substantially improved in special flood hazard areas (SFHA) must be constructed or modified to exceed five hundred (500) year flood protection standards or located outside the SFHA. (E) The placement or construction of all new structures must be in full compliance with the provisions of this Code. (F) For the purposes of this Code, all mixed -use structures are subject to the more stringent requirements of residential structures. (G) A substantial improvement or substantial damage to an existing structure triggers a requirement to bring the entire structure into full compliance with the provisions of this Code. The existing structure, as well as any reconstruction, rehabilitation, addition, or other improvement, must meet the standards of new construction in this Code. (H) Any improvement to an existing structure that is less than a substantial improvement requires the improvement, but not the existing structure, to be in full compliance with the provisions of this Code. (1) All manufactured homes to be placed within a special flood hazard area on a community's FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Screw augers or expanding anchors will not satisfy the requirement of this provision. (J) The design or location of electrical, heating, ventilation, plumbing, and air conditioning equipment for new structures, or for any improvements to an existing structure, must prevent water from entering or accumulating within the components during base flood events by meeting the same freeboard or floodproofing requirements of the structure they serve. (K) The design of all new and replacement water supply systems must minimize or eliminate infiltration of floodwaters into the system during base flood events. (L) The design of all new and replacement sanitary sewage systems must minimize or eliminate infiltration of floodwaters into the system during flooding events and must prevent sewage discharge from the systems into floodwaters. (M) The placement of on -site waste disposal systems must avoid impairment to, or contamination from, the disposal system during base flood events. (N) Construction of basement foundations in any special flood hazard area is prohibited. (0) New construction and substantial improvements, with fully enclosed areas (such as garages and crawlspaces) below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are below the base flood elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 1. A minimum of two (2) openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. 2. The bottom of all openings shall be no higher than 1 foot above grade. March 2021 Final Redlined Draft Page 105 of 134 i Formatted: Centered l 100 sq. Feet Ft nax. 1DD sqInches tat., 3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (P) The placement of recreational vehicles (RV) in special flood hazard areas must either: 1. Be temporary, as demonstrated by the RV being fully licensed, being on wheels or a jacking system, attached to the site only by quick disconnect type utilities and security devices, having no permanently attached additions, and being immobile for no more than one hundred eighty (180) consecutive days; or else 2. Meet all provisions of this Code applicable to manufactured home structures. (Q) All proposals for the development of a residential subdivision, commercial business park or manufactured home park/subdivision must have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (R) All proposals for the development of a residential subdivision, commercial business park or a manufactured home park/subdivision must include an adequate drainage plan to reduce exposure to flood hazards. (S) All proposals for the development of a commercial business park or a manufactured home park/subdivision must include an adequate evacuation plan for the escape of citizens from affected nonresidential structures during flooding events. (T) Standards for Subdivisions: Applications for preliminary, final, and/or concurrent plat approval shall: 1. Identify the special flood hazards areas, including delineation of floodways and the elevation of the base flood. 2. All final plats shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be verified by a registered professional engineer, or surveyor, and provided to the Floodplain Administrator. 3. To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing man-made drainage ways within subdivisions to avoid the creation of lots that can be built upon in only by altering such drainage ways. (See illustration: Figure 3). Any lot platted so that a portion of the lot lies in a special flood hazard area shall contain a minimum of 6,000 square feet of buildable area, including setbacks, outside the special flood hazard area, or if it contains less than 6,000 square feet of buildable area, it shall be platted to contain a minimum March 2021 Final Redlined Draft Page 106 of 134 of one (1) acre. Any lot platted so that the entire lot lies in a special flood hazard area shall contain a minimum of 1 acre. (See illustration: Figure 4) 11 VJ44. For subdivisions partially located in special flood hazard areas, minimum lot area- Formatted: List 2, Indent: Left: 0.25" requirements may be waived by the director to allow the platting of lots to be clustered outside the special flood hazard area, the density permitted for the zoning district to be averaged over the entire parcel, provided a permanent conservation easement is granted to the city, a land trust, or the property owners association to ensure that the area of special flood hazard will remain undeveloped. (5. ce�ln any area that is located outside a special flood hazard area, but where a stream is located, no building or fill may be located within a distance of the stream bank equal to two and one-half (2'/z) the width of the stream measured from top of bank to top of bank, or 25 feet o n each side, whichever is greater. 11 Formatted: List 2, Indent: Left: 0.6", No bullets or all areas designated as a Zone A on the FIRM where a detailed study has not been numbering completed to specify the floodway and base flood elevations, no building eF#Meyelopment shall Formatted: List 2, Left, Indent: Left: 0.6", No bullets or be located within a disc anre of hye and one half (214) tirnes the width of the sire am rnea red Uorn numbering, Hyphenate the top of the bank +nthe topof bank, or 95 feet nn .� enh cirVe ,.,hinhe..er i e�+er the Zone A area, (} (i) Provided, the applicant may choose, if not required by other provisions of this chapter,-' Formatted: Font: to provide a detailed hydrologic and hydraulic study which delineates the floodway, one hundred Formatted: Hyphenate (100) year floodplain boundary, and base flood elevations. At such time as a study is approved i Formatted: Font: Not Highlight by FEMA. Afevided jg +ham �,h, and adopted by ^fie —the applicant shall meet all requirements for areas designated with floodway, one hundred (100) year floodplain, and base CllFormatted: Not Highlight flood elevations. Formatted: List 2, Left, Indent: Left: 0.25", Numbered (ii) If, for some reason, the property owner believes the FIRM to be inaccurate, a letter of map- + Level: 5 + Numbering Style: 1, 2, 3, ... + Start at: 1 + amendment may be submitted to FEMA by the applicant. If the boundaries of the floodplain are Alignment: Left + Aligned at: 1.5" + Indent at: 1.75", approved and amended by FEMA, setbacks will be enforced pursuant to the amendment, Hyphenate (U) Any new construction, addition or other development -may, be approved in a special flood hazard area Formatted: Font: Not Highlight only Formatted: Font: Not Highlight 1. The applicant has provided a detailed hydrologic and hydraulic study performed by a professionals' ,Formatted: Font: Not Highlight engineer licensed in the state of Arkansas which delineates the floodway, year1 % annual chance (100-year) floodplain boundary, and base flood elevations and Formatted: Font: Not Highlight Formatted: Font: Not Hiahliaht Formatted: Font: Not Highlight Formatted: Font: Not Highlight Formatted: Font: Not Hiahliaht March 2021 Final Redlined Draft Page 107 of 134 of more frequent occurrence, and flood storage capacity. orand substantial improvement, constructed on property fully or partially lesated-within the special flood hazard area (SFHA) shall meet the elevation or floodproofing requirements within 168.11 as applicable, (Ord. No. 5141, 5-6-08) 168.11 - Risk Zone Specific Standards In addition to the general standards, the following standards apply to specific development types in specific Risk Zones, except as revised in Section E of this Article. Risk Zones listed in this Code that do not appear on the current FIRM are not applicable. (A) In AE risk zones: special flood hazard areas with base floods determined: (1) For residential structures in Zone AE: (a) For all new residential structures, the top surface of the lowest floor and any mechanical equipment must have an elevation 2 feet or more above the published BFE. This elevation must be documented on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures, the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (2) For nonresidential structures in Zone AE: (a) All new commercial, industrial or other nonresidential structures must either: Have the lowest floor (including basement) and any mechanical equipment elevated 2 feet or more above the base flood level; or Be floodproofed such that, together with attendant utility_ -and -sanitary facilities and mechanical equipment, be designed so that below an elevation of 3 feet above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify on a floodproofing certificate that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, March 2021 Final Redlined Draft Page 108 of 134 Formatted: Font: Not Highlight Formatted: Font: Not Highlight Formatted: Font: Not Highlight Formatted: Font: Not Highlight Formatted: List 2, Left, Indent: Left: 0.25", Numbered + Level: 5 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.5" + Indent at: 1.75", Hyphenate Formatted: Font: Not Highlight Formatted: Font: Not Highlight Formatted: Font: Not Highlight Formatted: listl, Indent: Left: 0", Numbered + Level:4 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 1.25" + Indent at: 1.5" Formatted: Font: Not Highlight Formatted: Font: Not Highlight but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (3) For manufactured homes in Zone AE: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision; (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated 2 feet or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11(A)(3)(a) of this section be elevated so that either: (i) The lowest floor of the manufactured home and any mechanical equipment is 2 feet or more above the base flood elevation; or The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (iii) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. (iv) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (c) Where FEMA has not established a regulatory floodway in Zone AE, no floodplain development permit may be issued unless a detailed engineering analysis is submitted along with the application that demonstrates the increase in base floodwater elevation due to the proposed development and all cumulative developments since the publication of the current FIRM will be less than 1 foot. (B) Floodways -High Risk Areas of Stream Channel and Adjacent Floodplain: (1) Developments in regulatory floodways are prohibited, unless: (a) A no -rise certificate, signed and stamped by a professional engineer licensed to practice in the State of Arkansas, is submitted to demonstrate through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed development would not result in any increase in flood levels within the community during the occurrence of a base flood event; or (b) All requirements of 44 CFR §65.12 are first met. (2) No manufactured home may be placed in a regulatory floodway, regardless of elevation height, anchoring methods, or no -rise certification. (C) In AH or AO Risk Zones -Special flood hazard areas of shallow flooding: (1) For residential structures in Zones AH or AO: March 2021 Final Redlined Draft Page 109 of 134 (a) All new residential structures must be constructed with the top surface of the lowest floor and any mechanical equipment elevated 2 feet or more above the published BFE, or 2 feet above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM. This elevation must be documented on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (2) For nonresidential structures in Zones AH or AO: (a) All new commercial, industrial or other nonresidential structure must either: Have the top surface of the lowest floor and any mechanical equipment elevated 2 feet or more above the published BFE, or 2 feet or more above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM, with documentation on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas; or Be floodproofed such that the structure, together with attendant utility,y-aad-sanitary facilitiesand mechanical equipment be designed so that below 3 feet or more above the published BFE in Zone AH, or 3 feet or more above the base specified flood depth in an AO Zone, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (3) For manufactured homes in Zones AH or AO: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation along with any mechanical equipment such that the lowest floor of the manufactured home is elevated 2 feet or more above the published BFE, or 2 feet or more above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11 (C)(3)(a) of this section be elevated so that either: March 2021 Final Redlined Draft Page 110 of 134 (i) The lowest floor of the manufactured home meets the elevation standard of §168.11 (C)(3)(a)(iv); or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. (d) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (4) Where FEMA has not established a regulatory floodway in Zones AH or AO, no floodplain development permit may be issued unless a detailed engineering analysis is submitted along with the application that demonstrates the increase in base floodwater elevation due to the proposed development and all cumulative developments since the publication of the current FIRM will be less than 1 foot. (5) Require adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. (D) In "A" risk zones - Special flood hazard areas with no base flood elevations determined: (1) In Zone A, The applicant or the applicant's agent must determine a base flood elevation prior to construction. The BFE will be based on a source or method approved by the local Floodplain Administrator. (2) For residential structures in Zone A: (a) For all new residential structures, the top surface of the lowest floor and any mechanical equipment must have an elevation 2 feet or more above the BFE. This elevation must be documented on an Elevation Certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures, the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (3) For nonresidential structures in Zone A: (a) All new commercial, industrial or other nonresidential structures must either: Have the lowest floor (including basement) and any mechanical equipment elevated {2 feet or more} above the base flood level; or (ii) Be floodproofed such that, together with attendant utility-aad-sanitary facilities and mechanical equipment.; be designed so that below an elevation of 3 feet above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (iii) A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify on a floodproofing certificate that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. March 2021 Final Redlined Draft Page 111 of 134 (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (4) For manufactured homes in Zone A: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision; (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home and any mechanical equipment is elevated 2 feet or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11(D)(4)(a) of this section be elevated so that either: (i) The lowest floor of the manufactured home is 2 feet or more above the base flood elevation; or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. Formatted: Centered (d) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (5) Base flood elevation data and a regulatory floodway, utilizing accepted engineering practices, shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than fifty (50) lots or 5 acres, whichever is lesser, if not otherwise provided. (Ord. No. 5141, 5-6-08) March 2021 Final Redlined Draft Page 112 of 134 168.12 - Streamside Protection Zones (A) Streamside Best Management Practices Manual. The City of Fayetteville's Streamside Best Management Practices Manual, which may be administratively changed by the City Engineer, shall be used in support of this chapter to explain specific objectives and principles. (B) Applicability. This ordinance shall apply to all land within the streamside protection zones_-exsept for as provided belo%v- (1) Undeveloped lots created by a lot split, concurrent, or final plat application, which Af-as s, ibrnittead or approved prior to the effentive clate Af this PrdinaFiGe, are exempt from the requiremeRts Af this e.Atie.. fer the following Lime periods: (a) Twenty fouFT24) months from +he effertiye data of this nr din.;n a fer In+s 14 2G�eless; (b) Fighteen (18) months &-em thL, LaffertivL- date nf this ordin;;nGe for lots greater than 1 but legs than I n (n)Twelve (12) months from. the effen-tiyp .date of this__erd'nanne f��� fn lots Iota Ian e_or_nreate.r(2) A preliminary plat whiGh was submitted or approved prier to the effentive date. of this ordinanrp shall be P)(eFnpt fFE)Fn the FeqUOFGFnents of this GeGtian, PFE)Vided the tome peFieds listed heFein shall be in fame from the daUz of final plat approval. (3) A use andier aGt'V'ty permitted by an unexpired building PeRnit, WhiGh wa6 approved prior to the efferAive date Af this ANJOnAnGe, is exempt fFem this Ardina.RAe. (C) Establishment of Designated Surface Waters. The streamside protection zones shall apply to all surface waters meeting any one of the following criteria: (1) All surface waters identified on the adopted Protected Streams Map (which may be administratively amended by the City Engineerto reflect applicable surface waters within annexed areas), including any pond, lake or reservoir located within the natural drainage way of said surface water; or (2) Any surface water where a floodway has been established by the Federal Emergency Management Agency (FEMA). (3) Surface waters that would have otherwise been protected, but were outside the City Limits when Ordinance No. 5390 was adopted on March 1. 2011, shall be automatically included as designated surface waters within the requirements of M8.12 Streamside Protection Zones upon the annexation into Fayetteville of the property on which the surface waters are located (D) Streamside Protection Requirements. The streamside protection zones shall be established as follows: (1) Zone 1: Waterside Zone. The waterside zone shall extend a minimum of 25 feet landward from the top of bank in each direction, measured horizontally on a line perpendicular to the top of bank and includes the surface water. (a) Steep Slope. Slope shall be calculated at the upstream and downstream property lines for every property. Properties with more than 100 feet of stream frontage shall require additional slope calculations at 100-foot increments, beginning at the upstream property line and ending at the downstream property line. When slope calculations are equal to or greater than 15%, the width of the waterside zone shall be extended by an additional 20 feet at that point. The boundary width determined at each designated slope measurement point shall be connected by a continuous line to form the boundary of the waterside zone (illustrations available in the Best Management Practices Manual ). (2) Zone 2: Management Zone. The management zone shall begin at the outer edge of the Waterside Zone and extend landward 25 feet as measured horizontally on a line perpendicular to Zone 1. The combined width of Zones 1 and 2 shall be no less than 50 feet from the top of bank on all sides of the surface water. March 2021 Final Redlined Draft Page 113 of 134 (a) Floodway. Where the floodway extends beyond the edge of the management zone boundary, said boundary shall be adjusted so that the zone consists of the extent of the floodway as designated by the most recently adopted FEMA Flood Insurance Rate Map (FIRM). (3) Piped Streams-. When reviewing any development, grading or building permit application, the City Engineer may determine that normal streamside protection regulations shall not be applicable to that portion of a stream that has been piped or enclosed within a culvert or similar conduit prior to the adoption of this ordinance. (4) Daylighting. Streams enclosed prior to the effective date of this ordinance and subsequently daylighted shall only require a 5-foot setback measured from the established top of bank. Daylighted streams shall be maintained in a natural state by the property owner, who shall also be responsible for monitoring and controlling trash, litter and pollutants. (E) Regulated Uses, Structures and Activities Within the Streamside Protection Zones. (1) The following are permitted within the designated streamside zone, subject to the requirements of this section, the Flood Damage Prevention Code, and all applicable requirements of the City of Fayetteville. Where a use is not listed, but is similar to a permitted use and is in keeping with the purpose of the streamside protection zones, the City Engineer may determine the use to be allowed. All other uses shall be prohibited. (a) Zone 1: Waterside Zone. The following may be permitted in the waterside zone, provided the standards of the Streamside Best Management Practices Manual shall be followed where applicable and that these uses and any necessary construction is designed and built to minimize the impact upon streamside areas and minimize any excavation or filling that will only be allowed by express authorization of the City Engineer. All construction, grading, excavation or filling must also fully comply with all necessary local, state and federal permits. (i) Open space uses that are primarily passive in character including: preserves, fishing areas and docks, parkland, and natural trails. (ii) Streambank restoration or stabilization. (iii) Water quality monitoring, education and scientific studies. (iv) Revegetation and reforestation. (v) Dam maintenance. (vi) Paved trails or other impervious surfaces not exceeding 12 feet in width when the City Engineer determines that there is no practical and feasible alternative. Such area may not be used to park vehicles. (vii) Stream crossings, including driveways, roadways, trails, or railroads when the City Engineer determines there is no practical and feasible alternative. (viii) Maintenance and upgrades of existing utility facilities. (ix) New utility facilities when the City Engineer determines there is no practical and feasible alternative. (x) Management of lawns and gardens. (xi) Removal of dead vegetation, pruning for reasons of public safety, removal of invasive species. (xii) Application of any fertilizer, herbicide, pesticide, or insecticide shall be allowed only if their harmful effect on water quality is prevented by ensuring no over -application or misapplication occurs. (xiii) Maintenance of drainage capacity in the channel including tree and sediment removal. March 2021 Final Redlined Draft Page 114 of 134 (xiv) New stormwater conveyances when the City Engineer determines that there is no practical and feasible alternative. (b) Zone 2: Management Zone. (i) New stormwater conveyances when the City Engineer determines that there is no practical and feasible alternative and provided the standards of the Streamside Best Management Practices Manual shall be followed. (ii) All uses within the waterside zone with the exception of stormwater conveyances, provided that compliance with the standards of the Streamside Best Management Practices Manual are not required but encouraged. (iii) Accessory structures without a foundation and no larger than 150 square feet, including storage sheds, playground equipment, gazebos, decks, etc. (iv) Active recreational uses. (2) Establishment of the following uses/activities after the effective date of this ordinance shall be prohibited in both streamside protection zones, except where necessary to allow an activity permitted by Section (E)(1). (a) Grading, dredging, dumping, filling, or similar construction activities. (b) Landfills, junkyards, salvage yards. (c) Clearing of non-invasive woody vegetation. (d) Storage of hazardous materials or chemicals unless within waterproof containers and within a structure. (e) Parking lots. (f) Buildings and accessory structures with a building footprint larger than 150 square feet. (g) Parking or storage of motor vehicles. (h) Septic systems and/or lateral lines. (i) In -ground pools. Q) Animal feedlots or kennels. (k) Housing, grazing or other maintenance of livestock. (1) Land application of biosolids. (F) Existing Land Use Exemptions. The following activities and structures are allowed to continue within the streamside protection zones, provided that the provisions of the Flood Damage Prevention Code and all other applicable regulations shall be enforced. (1) Existing Uses. Existing uses shall be permitted to continue in their present state, but may not be enlarged, extended, or moved within the streamside protection zones. A use or activity shall be existing if it is present and ongoing within the streamside protection zones as of the effective date of this ordinance or the effective date of annexation for areas outside the City Limits when Ordinance No. 5390 was adopted on March 1, 2011. Uses and activities cease to be existing under the following conditions: (a) Agricultural and Animal Husbandry Activities. The activities cease to be existing when the area on which they were conducted has been converted to a nonagricultural use or has lain idle for more than eighteen (18) consecutive months. (b) All Other Uses. This ordinance shall apply when an existing use is converted to another use. (2) Existing Principal Structures. March 2021 Final Redlined Draft Page 115 of 134 (a) Reconstruction Within Existing Footprint. Existing principal structures as of the effective date of this ordinance may be redeveloped or reconstructed within the same footprint. (b) Minor Alterations . Minor alterations or additions to an existing structure, such as an awning or deck, shall also be permitted, provided the modifications do not extend more than 10 feet further toward the surface water than the original foundation of the principal structure, and do not extend into the waterside zone. (c) Berm to Prevent Flooding. If a principal structure has suffered flooding from a stream, the owner may construct a berm to protect the principal structure if approved by the City Engineer as to the berm's location, size and composition. Revegetation of the disturbed area and berm shall be in accordance with the Best Management Practices Manual. (3) Emergencies. Actions taken under emergency conditions, either to prevent imminent harm or danger to persons, or to protect property from imminent danger of fire, violent storms, or other hazards. (G) Development Application Procedures. (1) All persons required to submit an application pursuant to Chapter 166 of the City's Unified Development Code shall also show the location and type of surface water, the top of bank, Zone 1: Waterside Zone and Zone 2: Management Zone boundaries, and slope, when any portion of the property being developed falls within the streamside protection zones. The same shall also be identified for building, moving, demolition and grading permits. (2) An applicant may request that the city's Floodplain Administrator perform a site visit to view conditions on site with the applicant to assist in making a determination of top of bank location and widths of the waterside zone and management zone. (3) A final determination of any boundary shall be made by the City Engineer or designated representative, where there is question as to its location or width. (H) Streamside Protection Measures and Construction. (1) Prior to any land clearing or soil disturbing activity, the streamside protection zone boundaries shall be clearly delineated on site by the applicant, and such delineation shall be maintained throughout construction activities. (2) A site inspection followed by periodic inspections during construction will be conducted by the City Engineer or designated representative to ensure compliance with the streamside protection zone ordinance. (3) Streamside protection zones shall be protected from construction activity except where necessary to allow an activity permitted by Section (E)(1). To prevent impacts, construction vehicle access is prohibited in the streamside protection zones except at permitted crossings. Storage of construction vehicles, materials, debris, spoils or equipment is prohibited in the streamside protection zones. Before commencing any construction activity, the applicant shall install silt fencing on the site at the outer edge of the management zone or as directed by the City Engineer. The City Engineer may require other protective measures based upon the individual characteristics of the site and the proposed construction methods. If the required barriers surrounding the streamside protection zones are not adequately maintained during construction, the City Engineer shall prescribe remedial measures, and may issue a stop work order in accordance with §153.07. All remedial measures shall be completed within the specified amount of time and shall be considered prior to granting final plat approval or issuing a certificate of occupancy. (Ord. No. 5390, 3-1-11) CHAPTER 169: - PHYSICAL ALTERATION OF LAND March 2021 Final Redlined Draft Page 116 of 134 169.03 _ Review and/or Permits Required/Exceptions (A) Grading Review Required. (Reference §166.02(E)) (1) When located within the Hillside/Hilltop Overlay District boundaries. 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 (2) Construction of greater than 1,200 square feet of impervious area on a single site; @A) _Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling, excavation, or land alteration of any kind shall require: (1Z(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) .Construction of new impervious area greater than 1 0000 SF (32) A grading permit pursuant to this chapter; and (43) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law. Formatted: listl, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" Formatted: Font: Italic Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" Formatted: Font: (Default) Arial, 10 pt F Formatted:listl beu+adaries: (1) Construction of -greater than 1,200 scivare feet of impervious gEgg up to two (2) single family sdennes or a duplex on a siRgle In+ shall require side Mial grading permit; (2) _Residential building additions of 000 29�1:square feet or More of ale lot shall r Fading n mit —' — Res'dpnflal building additions of less than 21,000 22�1:square feet, %AAL-m ';;nd altt;ratinn are anted do not requiregrading perrn't (4) PaFGels of land divided by the HillsideMilltop Overlay DistriGt boundary shall only be subjeGt tO the r onts of this nhantor on that nertien of land lying within the ho„ndan, LCL,G)--Exceptions to Permit Requirements. Grading permits are not required for the following however the Minimum Erosion Control Requirements in §169.04 still apply: (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 FamilyDuplex. Construction of 10,000 o where assordated land- Witpraflon anfivitleswe not beVE)Rd the sGave of ..,hat i , +n n nstr„nt said n+ and n .,ided th single let, eF duplex Unless IOP2tP_d I.Nithm.n. the HillsideiHilltep Overlay DiStFiGt per §169.03(6) nbevp 4.1'lls'd P(HA lt..n Overlay District n r f.1FO n1/Q1 ahn.,e , (W = Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require the use of heavy construction equipment, French Drains, yard grading, maintenance, farming, gardens, and similar activities. Example Antibes that ran„ire use of heavy nenntr„ration March 2021 Final Redlined Draft Page 117 of 134 (D) _—Grading Permit Application and Approval. No grading permit shall be issued until the ""Grading and Erosion & Sediment Control Planplan, endorsed by an architect, 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. (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; Ord. No. 6061 , §4, 4-17-18) 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. (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. March 2021 Final Redlined Draft Page 118 of 134 (C) Intermittent/Perennial Streams-. Grading activities will meet the Streamside Protection Requirements found in Section 168.12 - Streamside Protection Zones. Fording of streams with construction equipment or other activities which destabilize stream banks shall not be permitted. In instances where streams are not protected under 168.12, nNo 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 ording of streams with constrUGtion equipment or other artavtops whorh //CC`` rtesteh�l��e stream has nkshall not hepermitted. C'T debris,sn shall nnt bL, allowed any debris, mud, or seil frarn development sites reaphps the publiG StFeet it shall he immediately removed via sweepiRg or other metheds of phys 0 ARI rerne� - 4 Debris, mud, or soil in the street may not be washed off the strPet or waqhPd into the s -torm drainage system. Storm drainage systems d0_1.A.ms_trPam of a development site should be protected from d semi On the event, art that dt-br.s emir ashes 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; Ord. No. 6061 , §5, 4-17-18) 169.05 - Stormwater Discharges From Construction Activities required by its National Pollutant Discharge Elimination System (NPDES) permit. (B) General Requirements for Construction Sites. (1) Construction Site. A construction site is a site with activity that would result in the creation of a new stormwater management system, including the building, assembling, expansion, modification, or alteration of the existing contours of the property; the erection of buildings or other structures, any part thereof; or land clearing. (2) Owner Responsibility. The owner of a site of construction activity shall be responsible for compliance with the requirements of this chapter. (3) Erosion and Sediment Control. Best Management Practices (BMPs) shall be implemented to prevent the release of airborne dust and waterborne sediment from construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site entrances/exits shall be managed to prevent sediment tracking. Streets and storm inlets must be kept clean at all times and free of loose rock, mud, debris and trash. Specific inlet protection measures may be necessary, as long as they do not interfere with vehicular traffic. Mud on streets must be physically removed and not washed into inlets. (4)Debris, Mud. and Soil in Public Streets. All necessary modifications to stormwater best management practices should be immediately implemented in order to prevent further track -out. 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. March 2021 Final Redlined Draft Page 119 of 134 Formatted: IistO, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" (a)Debris, mud, or soil in the street may not be washed off the street or washed into theme Formatted: Indent: Left: 1", First line: 0" 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. (ba)Use of a power broom or mechanical sweeper on a regular basis is not allowed as an Formatted: Font: (Default) Arial acceptable BMP for keeping Debris, Mud and Soil off Public Streets )unless equipped with water and vacuum capabilities, these sweepeFs AGR `oMeS Make ^ar'M^'^'S amr-h^•^^ are then washed thp storm network thp next raffin Pvpnt In addoto Formatted: Table Normal1, Indent: Left: 1" (54) Construction Sites Requiring Storm Water Pollution Prevention Plans. Erosion and sediment control systems must be installed and maintained per a state approved Storm Water Pollution Prevention Plan (SWPPP) before the beginning of construction and until slope stabilization and/or vegetation is established. For sites between 1 and 5 acres, the SWPPP and Notice of Coverage (NOC) must be onsite at all times. For sites over 5 acres, the SWPPP and NOC must be onsite at all times. The site owner bears responsibility in accordance with the Arkansas Department of Environmental Quality standards and general permit. (65) Construction Exits. A stabilized rock exit is required on construction sites. If track out becomes an issue, the City may also require tire wash down areas or other measures to prevent track out. (76) Concrete Truck Wash Areas. No washing of concrete trucks or chutes is allowed except in Properly located and constructed concrete wash pits. Proper runoff and erosion controls must be in place to retain all concrete wash water. (87) Dewatering. All rainwater pumped out of sumps and depressions on construction sites should be clear and free of sediment. BMPs such as dewatering baps and dewaterinq into vegetated areas shall be utilized at all times. (98) Storage of Materials. Public streets and sidewalks shall not be used for temporary storage of any containers or construction materials, especially loose gravel and topsoil. In addition to on - street storage being a violation of this chapter, all liability for any accidents and/or damages due to such storage will be the responsibility of the owner of the stored materials. (109) Dirt and Topsoil Storage. All storage piles of soil, dirt or other building materials (e.g. sand) shall be located more than 25 feet from a roadway, drainage channel or stream (from top of bank), wetland, and stormwater facility. Topsoil piles surfaces must be immediately stabilized with appropriate stabilization measures. (110) Franchise and Private Utilities. The property owner or main contractor onsite will be responsible for restoring all erosion and sediment control systems and public infrastructure damaged or disturbed by underground private or franchise utility construction such as water and sewer service leads, telephone, gas, cable, etc. Erosion and sediment control systems must be immediately restored after each utility construction. (11) The landscape of erosion control features shall be maintained until completion of construction. (Code 1991, §163.09; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5431, 8-16-11; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) March 2021 Final Redlined Draft Page 120 of 134 169.05-06 - 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) 169.06-07 - 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. March 2021 Final Redlined Draft Page 121 of 134 (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. (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 20-10 acres. An additional 20-10 acres (a maximum of 40-20 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 50 feet from a drainage channel or stream, as measured from the top of the bank to the stockpile, March 2021 Final Redlined Draft Page 122 of 134 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. (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 with the percent minimum canopy required on site per Chapter 167, Tree Preservation and 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; Ord. No. 6061 , §6, 4-17-18) March 2021 Final Redlined Draft Page 123 of 134 ' Formatted: Indent: Left: 0.5" Formatted: Indent: First line: 0.5" L E G E N D NOTES I ------- UISTIM5GROUND ACNSUVER ExlsrlriG PRDPERTr ILINES OR SETBa PROPERTY OR EASEMENT LINE �- CONSTRUCTION LIMITS INDICATE —IF FOR INITML—STELOTcE OF THE ucnaN OR MAINTENANCE STRUCTUREIN TXF FUTURE - PROPOSER GROUND 3. REVIEW ZONINGS BUILDING SETBACK REQUIREMENTS. DEFER - COnSTRUCTON LIMIT& TO NMI CHEVER MAY 6E GREATER. 4. MINIMUM 6LOPE ANG DISTANCE FROM THE 6TRVGTVRE PER L STATE BUILDING CODE MUST NOT BE VIOLATED 66x MINIMVM SETBACN HAOMPROPERTY LINEURHILL 5- ItAL SECTION S CHAPTERS TB TIEBACK FOR SOI L TYPES A_SLOPE O nTION TO DETERMINE THE S SLOPE LIMITSOFOONSTRUCTION. F TOVNDATIDN DOWNHILL B. APPLICABLE FOR RETAINING WALLS MERE THAN J FT HEIGHT Fx FOV NDATION UPH ILL Cx LIMITS OF CGNSTRUCTIONUPHILL ILL 9Bx B. _ 1 aL PIL EL SBA Be I• Z SIB 1• FILL SLOPE Y' Flauer Thaa5:1 Uphil lDown•illl 5' 5.1 To,31 B' GrealaThen 3:1 CUT SLOPE DPwnhil FILL SLOPE UphII1 PIL EL PL. EL 86I SBx IL w0. PL. EL SBt SBx See NO18 t ~ ^� — Uphil j SBx BE, = F,+S Dovmhill SBi= _ VPhill RETAINING WALL CUT SLOPE Oo•�r FII RETAINING WALL FILL SLOPE EL c1 BE, SBx PLm EL EL EL --SeeNo[e1 y 'SBI Cx IUPhlll S8x•Cx•1' UPh Ih 361= Fi •5' D—h-11 $Bi = F+5' Dawah1II BLOCK RETAINING WALL BLOCK RETAINING WALL CUT SLOPE FILL SLOPE March 2021 Final Redlined Draft Page 124 of 134 56� 5' SO, Apply W 5. Existing Struotu2s Uphill �1 sl�q Downhill CUT SLOPE- STRUCTURES 86v 2 S&. Rail 1 / EELOW Uphill ___ - Sn,. FILL SLOPE 5' Flatter Than 11 Tip 41-113 Greater Than 2'1 DiE%ISTING FILL SLOPE- E7(I$TING STRUCTURES • D-5' For Existing D=2' For Proposed sax c� •D cx se, i SSx-Cz+S C�Hx and cx+D Uphill -� Uphill F, -� SB, = H'4/3 Di F, 88,= H•W3 Downhill RETAINING WALL WITH STRUCTURES RETAINING WALL WITH STRUCTURES CUT SLOPE FILL SLOPE SBz • D=5' Far Exisdng D=2' For Proposed SBx Cz I S' Cx •0 -_ T � -7' 4SB, SB, TB Sri, Cz•5' / H / Uphill __ SBx=cx*D __ H-. Uphill F, SO, = H•413 Downhill SB, = H'4I3 D—hill BLOCK RETAINING WALL nLOCK RETAINING WALL WH STRUCTURES CLT SLOPE WITH STRUCTURES FILL SLOPE 169.07-08 - Grading Plan Specifications (A) Grading Plan. The applicant shall prepare a grading plan for all developments of greater than 6,001 square feet of impervious area as follows: March 2021 Final Redlined Draft Page 125 of 134 (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 all impervious areas, including but not limited to let buildings, streets and; parking lots, shall be indicated as well as and parks, playgrounds or green space shall "� a.. indicated. A's-^'^ he indin-ated '&A -any existing or proposed building within 100 feet of the site boundary shall be indicated. (9) Natural Features. Location of natural features such as drainage ways, ponds, rock outcroppings, wetlands 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, temporary -and _disturbed area and permanent impervious 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. March 2021 Final Redlined Draft Page 126 of 134 (c) Nonstructural grassed swales for rear lot drainage concentration is discouraged and shall not be installed in combination with a utility easement. (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; Ord. No. 6061 , §7, 4-17-18) CHAPTER 170:—STORMWATER MANAGEMENT .yimu, DRAINAGE AND EROSION CONTROL 170.01 - Intent (A) Intent. It is the intent of this chapter to protect, maintain, and enhance the health, safety, and general welfare of the citizens of the City of Fayetteville by: (1) Preventing increases in the magnitude and frequency of stormwater runoff to prevent increases in flood flows and associated hazards and costs. (2) Controlling soil erosion and sedimentation to minimize soil deposition in streams and other receiving water bodies and storm drainage systems. (3) Requiring surface and stormwater management practices that comply with requirements of this chapter. (4) Promoting the development of stormwater facilities that are aesthetically desirable. (B) Findings of Fact. The City Council finds that uncontrolled stormwater runoff from developed land adversely affects the public health, safety, and welfare because: (1) Impervious Surfaces/Runoff. Impervious surfaces increase the quantity and velocity of surface runoff, which reduces percolation of water through soil and increases erosion and flooding. (2) Collection and Conveyance of Stormwater. Improper stormwater collection and conveyance adversely affects property and increases the incidence and severity of flooding, which can endanger property and human life. (3) Erosion-. Increased erosion leads to sedimentation in stormwater management systems, which decreases the system's capacity (4) Future Problems. Many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices. (5) Limited Jurisdiction. As a non-traditional, or regulated, MS4, the University of Arkansas' — Formatted: Font: Italic Fayetteville campus is permitted by ADEQ to administer its own stormwater management program upstream and physically inter connected to the City's MS4. (Code 1991, § 163.03; Ord. No. 3895, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) March 2021 Final Redlined Draft Page 127 of 134 170.02 -Adoption Of Drainage Criteria Manual The City Council hereby adopts by reference the Drainage Criteria Manual-, prepared for the City of Fayetteville, and adopted by Ordinance No. 5702 of the City of Fayetteville, and as may be amended from time to time by the City Engineer. All technical procedures and design standards contained therein shall have the same force and effect as if printed word for word in this chapter. (Code 1991, §163.03; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4920, 09-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) 170.03 - Permits Required (A) Applicability. This chapter shall apply to all land within the corporate limits of the City of Fayetteville. No person may subdivide and develop, change to a more intensive land use, construct or reconstruct a structure, or change the size of a structure, or conduct grading, clearing, or filling activities without first obtaining a stormwater management, drainage and erosion control permit (hereinafter referred to as a "drainage permit") from the city, except as specified in §170.03 (C) and §170.03 (D) below. (B) Permit Application. Any application for a drainage permit shall be submitted to the City Engineer using appropriate forms as provided by the city for review, processing, and approval. The drainage permit application shall be submitted as part of con^u rr� ently with -the application for a grading permit, if such grading permit is required by §169.03. A permit application shall contain sufficient information and plans to allow the City Engineer to determine whether the project complies with the requirements of this chapter. The specific items to be submitted for a permit application shall be in the form and follow the procedures as described in the Drainage Criteria Manual, Section 1.4, Drainage Report Template and Checklist. The City Engineer shall make the final determination regarding detention. (1) Fee. A nonrefundable permit application fee shall be paid when the application is submitted to help cover the cost of the plan review, administration and management of the permitting process and inspection of project implementation and operation (separate from the Physical Alteration of Land fee). (2) Issuance. If the City Engineer determines that the permit application submittal is in compliance with all provisions of this chapter, a permit may be issued. If the City Engineer determines that the permit submittal does not conform with all provisions of this chapter, permit issuance may be denied and a written statement as to the reasons for the denial shall be provided to the applicant. (C) Project not Requiring Detention. Any project that requires a drainage permit that does not require detention must submit documentation to this effect to the City Engineer. After review and aaay-Feceive; witia ihLa approval of the City Engineer, a grading permit may be issued prior to issuance of the drainage permit. (D) Any grading permit and/or drainage permit issued shall be subject to the following (1) Insufficient or Incomplete Drainage Permit Application. If the drainage permit application, including the required calculations, is determined by the City Engineer to be insufficient or incomplete, it shall be revised and resubmitted by the applicant within four (4) weeks of receipt of written notice of insufficiency or incompleteness. (2) Deadline for the Revised Application or Insufficient or Incomplete Revisions. A -step work order foF all gFad,..,. GR the P eGt shall he ,s ,ed by the City FRgi. eGF lif a revised application is not submitted within four (4) weeks of receipt by applicant of the written notice of insufficiency or incompleteness a stop work order for all grading on the project shall be issued by the City Engineer. A stop work order for all grading on the project shall be issued by the City Engineer if the revised application is determined by the City Engineer to be still insufficient or incomplete. However, the City Engineer may delay issuance of the stop work order if the City Engineer determines that the applicant has demonstrated prior to the deadline that circumstances not reasonably foreseeable and beyond the applicant's reasonable control prevented his timely resubmission of a sufficient and complete revised drainage permit application. March 2021 Final Redlined Draft Page 128 of 134 shall be issued by the City Engineer if the revised application is determined by the City Engineer (43) Stabilization and Revegetation After Stop Work Order. If a stop work order is issued pursuant to §170.03 (C) (32), the applicant shall stabilize and revegetate all graded and otherwise disturbed areas as set forth in the Drainage Criteria Manual. (54) Termination of Stop Work Order. Any stop work order issued pursuant to §170.03(C)(2) of §1-70-.03(C)(3),shall expire upon the issuance of a drainage permit and compliance with any conditions contained in the drainage permit. (E) Exceptions Where No Drainage Permit is Required. Drainage permits are not required for the following activities unless the Project is otherwise covered under this UDC or occurs upstream of a known public flooding problem: (1) _S44gl Famii)A!Duplex. One (1) single family . side^^^ of duplex. n .drainage permit is of requiredNew developments, redevelopments or additions that create less or equal to 10,000 square feet of new impervious area. See Section 170.40-09 for building permit submittal requirements. (2) Lots that are part of a Larger Development. One (1) seaersiat er industrial project built on an individual lot that is part of a larger subdivision development that has been issued an approved drainage control permit when the proposed project is demonstrated to be in compliance with the overall subdivision drainage permit. (3) Existing Non-residential. Existing corrimprcoal and nonresidential structure where the additional impervious area is less than 2;000-10.000 square feet. See Section 170.09 for building permit submittal requirements. (4) Maintenance. Maintenance or clearing activity that does not change or affect the quality, rate, volume, or location of stormwater flows on the site, or runoff from the site. (5) Agriculture. Bona fide agricultural pursuits, for which a soil conservation plan has been approved by the local Soil and Water Conservation District. (6) Emergency. Action taken under emergency conditions, either to prevent imminent harm or danger to persons, or to protect property from imminent danger of fire, violent storms, or other hazards when determined to be necessary by the Citv Enaineer. (F) Compliance with Chapter Provisions. Although a specific permit is not required for these particular circumstances, this exception does not exempt the owner/developer/builder from complying with the Pollution pFeventie.n and ^ and- serlir e.nt sent•^' provisions of this-Chhapter 169. Physical Alteration of Land. (Code 1991, §163.04; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4314, 5-15-01; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) March 2021 Final Reclined Draft Page 129 of 134 170.05 — Permit Process ^^Off -Site Stormwater Management Improvements (A) Upon review by the City Engineer, if it is determined according to present engineering practice that the proposed development will provide rentrol Af 1#94W.A.fatOr runoff in annordaRne vioth the purposes, design Griteria, and peFfermanGestandards efthpse regulations and will net be diatrimetntal to the publiG health, safety, and general welfare, the City Engineer shall approve the plan or GOnditienally approve the plan ettiRg forth the .. Rdifions thereof 03 —Off--Site Improvements. If it is determined that offsite drainage improvements are required, and that such specific off -site drainage improvements are consistent with the city's current and established priorities, then cost sharing will be in accordance with "Required Off -site Improvements." If the city is unable, or unwilling, to contribute its share of the off -site costs, the developer shall have the option of: (1) Developer's Expense. Building the off -site improvements at hisFhertheir own expense; (2) Detention. Providing detention so as to match downstream capacities; or (3) Delay Project. Delaying the project until the city is able, or willing, to share in the off -site costs. (Code 1991, §163.06; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) 170.06 - Performance Criteria Drainage Criteria Manual, adopted by §170.02 of this chapter and as may be amended from time to time by the City Engineer, shall be used to determine compliance with the performance criteria established by this chapter. Formatted: Outline numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + at: 0" + Indent at: 0.25" (B) Performance Criteria. Except as otherwise provided in this chapter, a development must be designed, Formatted: Font: (Default) Arial, 10 pt constructed, operated, and maintained to comply with the following stormwater sizing performance criteria. Each minimum standard is intended to be used in conjunction with the others to address the overall stormwater impacts from a development site. Supporting technical detail can be found in the Section 2.1 of the Drainage Criteria Manual (DCM): Formatted: Font: Italic Formatted: Font: Not Italic j�(��1tAinimum Standard #1 - Water Quality_ Reduce the average annual post -development total�,> ---- Formatted: Outline numbered + Level: 2 + Numbering suspended solids (TSS) loadings from increased impervious areas either by TSS Reduction Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" March 2021 Final Redlined Draft Page 130 of 134 Method or the Runoff Reduction Method (RRM). `NheFe ^ ^^"^^h'^ r^a„^^ the avepage aRRUal post _development total suspended solids- loadings by 809 �(2-Minimum Standard #2 -Channel Protection. Provide extended detention to reduce flows and - Formatted: Font: Italic protect downstream channels from erosive velocities and unstable conditions. Post -development flows shall not exceed the predevelopment flowsCaptUFe the ;r ^^a value ,^ of the ^ ^ (1 ` yeaF twenty four (24) hour storm and r^I^.;s^ it ever an extended n ied of tirne LIL,4�/IAinimum Standard #3 - Overbank and c� � ,-.,fr^me- Flood Protection. Provide peak discharge _ Formatted: Font: Italic control of the storm events noted in the DCM such that the post -development peak rate does not exceed the predevelopment rate. Th^ ^nit t^„^'nnm^nt 'peak rate- of rf,^^ discharge must not t-xGpi-d the existing diSGharge for the one huRdred (100) year, tweRty four (24) hour storm; the the five (5) year, twenty four (24) hour storm; and the two (2) year, twenty four (24) hour storm, �("Minimum Standard #4 -Extreme Flood Protection. Provide peak discharge control such that Formatted: Font: Italic the post -development peak rate does not exceed the predevelopment rate. f� Better Site Design and Green Stormwater Practices,.- Use Ofaew-irnpast development design ^tr^t^^i^^ as described in the Drainage Criteria Manual-, to attenuate lesser storms and more closely mimic predevelopment hydrology is -are encouraged. N f-5)—Direct Discharge., Direct discharge of a pipe into streams and/or floodways is not allowed. A stilling basin or other structure that will collect sediment, trash, etc. and that will reduce the likelihood of erosion in the receiving stream due to discharge from the pipe shall be installed at pipe discharges into streams and/or floodways., (6) sion and Channel Stability., All stormwater management systems shall be evaluated based on their ability to prevent erosion and sedimentation of the receiving waters and adverse impacts on the site's natural systems. The design engineer shall consider the on -site and downstream effects of the peak discharges and shall design both the permanent and the construction phase of the stormwater management system in a manner that will not increase flooding, channel instability, or erosion downstream when considered in aggregate with other developed properties and downstream drainage capacities. 1?Lf may be amended frorn tirne to tome by the Gity FR&GeF, shall be used for guidaRG8 te determiRe Gornnl•anGe with the performance criteria estahrshed by this chanter (Code 1991, §163.07; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) 170.07 - Maintenance Responsibility (A) Dedication. Those stormwater management systems approved in compliance with this chapter that will function as a part of the stormwater management conveyance system shall be dedicated to the city. All areas and/or structures to be dedicated to the city must be accompanied by a drainage easement, dedicated by plat or separate instrument and accepted by the City Engineer. (B) Maintain Stormwater Systems and Structures . The owner of the property on which stormwater systems and structures have been installed shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices. (C) Right -of -Entry for Inspection . The owner shall provide for the City Engineer or designee to enter the property at reasonable times and in a reasonable manner for the purpose of inspecting stormwater systems and structures. March 2021 Final Redlined Draft Page 131 of 134 Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.45" + Indent at: 0.7" Formatted: Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" (D) Failure to Maintain . If a responsible person fails or refuses to meet the maintenance requirements the city may give written notice requesting corrective action. If the conditions described in the failure to maintain notice are not corrected within ten (10) days after such notice is given, the Mayor, or his duly authorized representative, is hereby authorized to enter upon the property and do whatever is necessary to correct or remove the conditions described, in the notice. The costs of correcting said conditions shall be charged to the owner or owners of the property and the city shall have a lien against such property for such costs. (1) Enforcement of the Lien . The lien herein provided for may be enforced and collected in either one of the following manners: (a) The lien maybe enforced at anytime within eighteen (18) months after work has been done, by an action in circuit court; or (b) The amount of the lien herein provided may be determined at a hearing before the City Council held after thirty (30) days written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owner or owners be known, and if the name of the owner or owners cannot be determined, then only after publication of notice of such hearing in a newspaper having a bona fide circulation in Washington County for one insertion per week for four consecutive weeks; the determination of the City Council shall be subject to appeal by the property owner in circuit court; and the amount so determined at said hearing, plus 10% penalty for collection, shall be by the City Council certified to the tax collector of the county, and by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less 3% thereof, when so collected shall be paid to the city by the county tax collector. (c) In case the owner of any lot or other real property is unknown or his whereabouts is not known or he is a nonresident of this state, then a copy of the written notice hereinabove referred to shall be posted upon the premises and before any action to enforce such lien shall be had, the City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts or non -residence, and thereupon service of the publication as now provided for by law against nonresident defendants may be had, and an attorney ad litem may be appointed to notify the defendant by registered letter addressed to his last known place of residence if same can be found. (E) Removal and modification of Stormwater Systems and Structures. Stormwater systems and structures may only be modified or removed with the approval of the City Engineer, who shall determine whether the stormwater system or structure does not function as a part of the stormwater management system. The applicant may be required to provide supporting data and calculations that justify the removal of the stormwater systems or structures. (Code 1991, §163.08; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) March 2021 Final Redlined Draft Page 132 of 134 170.00-08 - Preliminary Plat, Lot Requirements (A) Preliminary Plats. Preliminary Plats shall include a master drainage plan for each lot related to the proposed infrastructure and adjacent lots. (B) Preliminary Plats for Residential Subdivisions . Preliminary Plats for residential subdivisions shall provide drainage information meeting the Arkansas Fire Prevention Code for building safety regulations for positive drainage of each lot. (1) 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. (2) 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. (C) Rear Lot Drainage Easements. Rear lot drainage easements for nonstructural grassed swales shall not overlap utility easements with above ground structures, i.e., electric transformers, gas meters, communication junctions, etc. March 2021 Final Redlined Draft Page 133 of 134 (D) Final Plat. The final plat shall include the approved master drainage plan to be filed as a supplemental document. The scale shall be legible and approved by the City Engineer. (Code 1991, §163.10; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) �7l1 4f1 _ 4 P. 9 Family Residential Dequiremen4c Formatted: Not Highlight Street. t ....... Formatted:list0 March 2021 Final Redlined Draft Page 134 of 134 (AS) Private Drainage Systems. (1) Private Drainage System Maintenance. A private drainage system includes groundwater, drainage pipes or channels, and any flowing or standing water not within a right-of-way or drainage easement. The owner of any private drainage system shall maintain the system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is not limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover, and removal of debris from pipes and structures. (2) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainage system is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site. (3) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall clean the pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this Code. Material shall not be swept or washed into the storm drainage system. This section does not apply to pollutants discharged from construction activities. (4) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor, uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery and equipment must be maintained to reduce leaking fluids. (5) Materials Storage. In addition to other requirements of this Code, materials shall be stored to prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of hazardous substances is prohibited. (6) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided. (7) Open Drainage Channel Maintenange Maintenance. Every person owning or occupying property through which an open drainage channel passes shall prevent trash, debris, excessive vegetation, and other obstacles from their property from entering the drainage channel or obstructing flow. _(D) Release Reporting and Gleanup. ARy person respeRsible for a release Of rnRtPriAI'; WhiGh are or may hazard-e-0,; rnateFial, said PGFSGR shall GOrnply with all state, federal, and IeGal laws FeqUiFiRg FGPGFtiF1g, cleanup, containment, and any other appropriate rernedial antion in response to the release. (€B) Authorization to Adopt and Impose Best Management Practices. The city may adopt and impose a Best Management Rr;;Gt,,.e�Drainage Criteria Manual and requirements identifying Best Management Practices for any rip vate activity, operation, or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are required, every person undertaking such activity or operation, or owning or operating such facility shall implement and maintain these BMPs at their own expense. March 2021 Final Redlined Draft Page 135 of 134 (Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) 170.10 — Illicit Discharge Detection and Elimination (A) Purpose. (1) The purpose of this section is to provide for the health, safety, and general welfare of the citizens of Fayetteville through the regulation of non -storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. (2) It establishes methods for controlling the introduction of pollutants into its municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. i.91 i ne universiry or Arkansas, rayerrevme campus is a separare smaii ivia4 i,4ruta permir noiger ang------- --- Formatted: listl, Numbered + Level: 1 + Numbering responsible for Illicit Discharge Detection and Elimination (IDDE) within its service area. Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned (B) Prohibition of Illegal Discharges and Illicit Connections. at: 0" + Indent at: US" (1) Illegal discharges are prohibited. No person shall throw, drain, or otherwise discharge, cause, or allow Formatted: Indent: Left: 0" others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. Common stormwater contaminants include trash, yard waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste Formatted: Font: (Default) Arial, 10 pt and sediment. (2) Illicit connections are prohibited. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) No person shall connect a line conveying sanitary sewage, domestic sewage or industrial waste, to the storm drainage system, or allow such a connection to continue. (C) Exemptions. The following non-stormwater discharges are acceptable and not a violation of this chapter provided that ADEQ has not determined and notified the Citv in writing that these sources are substantial contributors of pollutants 1) juncontaminated waterline flushing; 2) landscape Irrigation; 3) rising ground waters; uncontaminated ground water infiltration (infiltration is defined as water other —than wastewater that enters a sewer system, including sewer service connections —and foundation drains, from the ground through such means as defective pipes, —pipe joints, connections, or manholes. Infiltration does not include, and is 4) distinguished from, inflow.); 5) .uncontaminated pumped ground water; 6) discharges from potable water sources; 7) uncontaminated foundation drains; 8) uncontaminated air conditioning condensate; 9) irrigation water; 10) springs; 14) individual residential car washing; 15) flows from riparian habitats and wetlands; 16) dechlorinated swimming pool discharges; 17) uncontaminated street wash water; 18) discharges or flows from emergency firefighting activities; and March 2021 Final Redlined Draft Page 136 of 134 Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" Formatted: Font: (Default) Arial, 10 pt Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 03' + Indent at: 0.55" Formatted: Font: (Default) Arial, 10 pt Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 03' + Indent at: 0.55" Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 03' + Indent at: 0.55" Formatted: Font: (Default) Arial, 10 pt Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: 1, 2, 3,... + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" Formatted: Font: (Default) Arial Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 03' + Indent at: 0.55", Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers 19) unless otherwise permitted or regulated by ADEQ, discharges of gray water from municipal splash pads (also known as spray ponds or spray grounds), as defined in Part 6.35 of this permit, provided the discharges comply with all applicable municipal or county ordinances enacted or pursuant to law. Discharges from recirculating systems shall be de -chlorinated prior to discharge.. Formatted: Font: (Default) Arial, 10 pt (D) Release Reporting and Cleanup. Any person responsible for a release of materials which are or may' Formatted: Indent: Left: 0" result in illicit discharges to the storm drainage system shall take all necessary steps to ensure the discovery, containment, abatement and cleanup of such release. In the event of such a release of a hazardous material, said person shall comply with all state, federal, and local laws requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release-. Failure to address an illicit discharge will result in enforcement action per Chapter 153. 170.1-211-170.99 - Reserved (Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) Formatted: Heading 2 March 2021 Final Redlined Draft Page 137 of 134 Exhibit A Reseal the followina definitions in 151.01: • One hundred (100) year flood (flood damage prevention) • Accessory dwelling unit (zoning, supplemental zoning) • Caliper (landscape regulations) • Cistern (stormwater) • Cribbing (physical alteration of land) • Hilltop (Hillside/Hilltop Overlay District) • Levee system (flood damage prevention) • Lot (development) • Major developments (development) • Rain barrels (stormwater) • Regulatory area (stormwater management, drainage and erosion control) • Stormwater management, drainage and erosion control permit (stormwater management, drainage and erosion control) • Unified Soil Classification System (physical alteration of land) • Universal soil loss equation (physical alteration of land) • Variance (flood damage prevention) • Variance (zoning) Repeal and replace certain definitions in § 151.01 with the following: • Accent lighting (outdoor lighting). Any directional lighting which emphasizes a particular object or draws attention to a particular area. • Applicant (enforcement, appeals, tree preservation and protection). Any person, party, partnership, corporation or other business entity seeking the city's approval of a proposed tree preservation plan. • Base flood (stormwater management, drainage and erosion control, flood damage prevention). The flood having a 1 % chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year storm event. The base flood is the national standard used by the National Flood Insurance Program (NFIP) and all Federal agencies for the purposes of requiring the purchase of flood insurance and regulating new development. • Bed and breakfast facility (zoning). A permanently owner -occupied private home with a maximum of five (5) guest rooms furnishing temporary lodging and meals to overnight and event guests. • Building permit (manufactured homes and parks) (manufactured homes and parks opened or expanded after 4- 20-72). A written permit issued by the enforcement officer permitting construction, erection, alteration, remodeling, or repair of a manufactured home park. • Caliper (landscape regulations, parking and loading). A measurement of general tree size taken at a point located 6 inches above natural ground or root ball surface. • City Engineer (stormwater management and drainage, physical alteration of land). The City Engineer or his appointed representatives, including assigned staff engineers, technicians and inspectors. • Detention (stormwater management and drainage, physical alteration of land). The collection and temporary storage of stormwater per the specifications of the City's Drainage Criteria Manual with subsequent gradual release of the stormwater; see also Extended Detention Area. • Development (stormwater management and drainage, physical alteration of land). To make a site or area available for use by physical alteration. Development includes, but is not limited to, providing access to a site, clearing vegetation; grading; earth moving; providing utilities and other services such as parking facilities; stormwater management and erosion control systems; and sewage disposal systems; altering Iandforms; or construction of a structure on the land. Development shall also mean any of the following: (A) Construction, installation, alteration, demolition, or removal of a structure, impervious surface, or stormwater management system, or (B) Clearing, scraping, grubbing, or otherwise removing or killing the vegetation of a site; or (C) Adding, removing, exposing, excavating, leveling, grading, digging, dumping, or otherwise disturbing the soil or rock of a site in a manner contrary to the requirements of the stormwater management, drainage and erosion control regulations. • Flood or flooding events (flood damage prevention). General or temporary conditions of partial or complete inundation of normally dry land areas from the overflow of flood waters, or the unusual and rapid accumulation or run-off of surface water from any source. (A) 100-year flood (flood damage prevention) is any flood with a 1 % chance of occurring in any given year. The term is misleading, because of its statistical derivation. A one hundred (100) year flood may occur many times in any given one hundred (100) year period, or it may not occur at all in one hundred (100) years. (B) 500-year flood (flood damage prevention) is any flood with a 0.2% chance of occurring in any given year. As with the one hundred (100) year flood, this term is also misleading, because of its statistical derivation. A five hundred (500) year flood may occur many times in any given five hundred (500) year period, or it may not occur at all in five hundred (500 years). • Flood Insurance Rate Map (FIRM) (flood damage prevention). The official map on which the Federal Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. Unless otherwise stated, it shall be the latest regulatory FIRM including any effective letters of map revision that has been adopted by FEMA. • Flood Insurance Study (flood damage prevention). The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. Unless otherwise stated, it shall be the latest regulatory Flood Insurance Study for Washington County that has been adopted by FEMA. • Functionally dependent use (variances, flood damage prevention). A use which cannot perform its intended purpose unless it is located or carried out in close proximity to a feature, such as water. Green roof (Stormwater). A green stormwater practice, designed per the City's Drainage Criteria Manual, in which an elevated roof surface is entirely covered with a thin soil and vegetation layer. • Impervious area or surface (stormwater management and drainage. physical alteration of land). Land that has been compacted or covered so that it is highly resistant to infiltration by water. Examples include rooftops, sidewalks, driveways, parking lots, and streets unless specifically designed, constructed, and maintained to be pervious. Areas of compacted gravel are considered impervious. • Intermittent stream (tree preservation and protection). A stream that carries water part of the year is dry another part but receives flow from the groundwater table when it is high enough. • Land disturbance (tree preservation and protection, physical alteration of land, landscape regulations). Clearing, scraping, grubbing, or otherwise removing or destroying the vegetation of a site, or adding, removing, exposing, excavating, leveling grading, digging, tunneling, trenching, burrowing, dumping, piling, dredging or application of toxic substance, storage of materials, and operation of equipment, or otherwise significantly disturbing the soil, mud, sand, or rock of a site. • Large scale development (development). Generally intended for development on a site of 1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area and where a corresponding subdivision of land is not proposed. • Lot. (zoning, flood damage prevention). A parcel of land of at least sufficient size to meet minimum zoning, and where applicable the flood damage prevention, requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. The term includes the words "plot" or "parcel". Such lot may consist of: (A) A single lot of record; (B) A portion of a lot of record; (C) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; (D) A parcel of land described by metes and bounds; provided that in no case of division or combinations shall any residential lot or parcel be created which does not meet the requirements of the zoning regulations, Chapter 167. • Natural drainage ways (flood damage prevention, physical alteration of land). Ephemeral, intermittent and perennial streams. Chapter 169 is not concerned with ephemeral streams. • New development (water and wastewater impact fees, development, physical alteration of land, tree preservation and protection). Construction of a new structure or other impervious area (IA) and the construction or expansion of any other building or structure. The change in use of a building or structure that results in increased demand from water and wastewater facilities shall also be considered new development. • Outfall (drainage criteria manual). A point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and that are used to convey waters of the United States. • Peak flow (stormwater management, drainage and erosion control). The maximum rate of flow of water at a given point and time resulting from a given storm event as defined by the City's current Design Criteria Manual. • Peak flow attenuation (stormwater management, drainage and erosion control). The reduction of the peak discharge of storm runoff by storage and gradual release of that stored flow as defined by the City's current Design Criteria Manual. • Retention (landscape regulations). The use of complete storage to prevent the discharge of a given volume of stormwater runoff into surface waters. • Riparian (tree preservation and protection, low impact development). Of, relating to, or located on the bank of a river or stream. • Riparian buffer (tree preservation and protection, low impact development). A biological community consisting of trees, woody shrubs and groundcover that exists along the banks of rivers, creeks or intermittent and perennial streams. • Sediment basin (physical alteration of land). A temporary depression in a waterway designed to trap sedimentation before entry into the stormwater system or natural drainage ways. • Stormwater facility (landscape regulations, physical alteration of land, stormwater management, drainage and erosion control). A facility designed to meet the requirements for stormwater management. For the purposes of Chapters 169 and 170, stormwater facilities refer primarily to detention ponds. • Stream (flood damage prevention). Defined for the purposes of Chapter 168, Flood Damage Prevention, as single lines with no floodplain or floodway defined as illustrated on the City's current Flood Insurance Rate Map. • Substantial improvement (flood damage prevention). Any repair, reconstruction, rehabilitation, addition or improvement of a structure or any combination thereof, the cost of which equals or exceeds 50% of the market value of the structure and cumulative substantial improvements over a five (5) year period, either: (A) Before the improvement or repair is started; or (B) In the case of cumulative substantial improvement before the initial improvement or repair is started within the past 5-year period. (C) If the structure has been damaged, and is being restored, before the damage occurred. This phrase shall include structures which have incurred substantial damage. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (a) Any project for improvement or a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (b) Any alteration of a structure listed on the National Register of Historic Places, or a state inventory of historic places provided that the alteration will not preclude the structure's continued designation as an historic structure. • Water surface elevation (flood damage prevention). The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas. Enact the following new definitions in 6 151.01: • 44 CFR, Emergency Management and Assistance - National Flood Insurance Program Regulations, Parts 59-75 (flood damage prevention) contain Federal regulations upon which local floodplain managements are based. • 44 CFR § 65.12 (flood damage prevention) contains the section of the federal regulations which involves revision of flood insurance rate maps to reflect base flood elevations caused by proposed encroachments. • A risk zones (flood damage prevention). Special flood hazard areas without detailed studies, where base flood elevations have not been determined. • Addition (flood damage prevention). Any improvement to an existing structure which increases the habitable space. This can include but is not limited to lateral additions, storage space conversions and garage/carport conversions. • ADEQ (physical alteration of land, stormwater management and drainage). The Arkansas Department of Environmental Quality which is the governing authority for the National Pollutant Discharge Elimination System program in the state of Arkansas. • Adverse impact (flood damage prevention). Any negative or harmful effect. • AE risk zones (flood damage prevention). Special flood hazard areas where detailed studies have determined base flood elevations. • AH risk zones (flood damage prevention). Special flood hazard areas characterized by shallow flooding with ponding effects (where floodwaters accumulate in depressions and linger until absorbed or evaporated). • AO risk zones (flood damage prevention). Special flood hazard areas characterized by shallow flooding with sheet flow (where floodwaters flow in a broad, shallow sheet rather than through a narrow channel). • Appeal Board (flood damage prevention). A person or persons specifically designated to render decisions on variance applications and floodplain management complaints. • Automatic entry and exit of floodwaters (flood damage prevention). Water must be able to enter and exit with no intervening action from a person. • Base flood elevation (flood damage prevention). The expected height of floodwaters during the peak of the base flood event. • Basement (flood damage prevention). Any enclosed area that is below grade on all sides. • BMP (physical alteration of land, stormwater management and drainage). The acronym for Best Management Practices which means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include green stormwater practices (GSPs), treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. • BFE (flood damage prevention). The acronym for base flood elevation. • Building permit (development). Authorization issued by the Building Safety Division to commence building, electric, gas, mechanical, plumbing, and other work in conformance with adopted codes. • Buoyancy (flood damage prevention) is the upward force exerted by water. Buoyancy can cause underground tanks to float free and can lift structures off foundations. • Certificates of Compliance (flood damage prevention). Formal documents issued by floodplain administrators certifying that completed projects comply with the requirements of the local Code. • CFR (flood damage prevention). The acronym for the Code of Federal Regulations. The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into fifty (50) titles that represent broad areas subject to federal regulation. The Federal regulations pertaining to the national Flood Insurance Program are found in title 44, Emergency Management and Assistance. • Clearing (flood damage prevention). The act of cutting timber or shrubs from an area. • Concrete deadman anchors (flood damage prevention). Heavy steel rods embedded in buried sections of concrete, used to secure items in place under tension. • Covenant (flood damage prevention). A clause in a contract that requires one party to do, or refrain from doing, certain things. A covenant frequently appears as a restriction that a lender imposes on a borrower. • Crawlspace (flood damage prevention). A type of structural foundation where the space beneath the lowest floor is typically not deep enough to allow a person to stand and not all of its sides are below grade. • Critical facilities (flood damage prevention). Governmental facilities that are considered essential for the delivery of critical services and crisis management (such as data and communication centers and key governmental complexes); facilities that are essential for the health and welfare of the whole population (such as hospitals, prisons, police and fire stations, emergency operations centers, evacuation shelters and schools); mass transportation facilities (such as airports, bus terminals, train terminals); lifeline utility systems (including potable water, wastewater, oil, natural gas, electric power and communications systems); high potential loss facilities (such as nuclear power plants or military installations); hazardous material facilities (such as industrial facilities housing or manufacturing or disposing of corrosives, explosives, flammable materials, radioactive materials and toxins. • D Zone areas (flood damage prevention). Areas in which the flood hazard has not been determined but may be possible. • Daylighting (flood damage prevention). To restore a stream, creek or natural drainage way or other waterway from an underground pipe to open air and daylight. • Deed restriction (flood damage prevention). A clause in a deed that limits the future uses of the property in some respect. Deed restrictions may impose a vast variety of limitations and conditions, for example, they may limit the density of buildings, dictate the types of structures that can be erected, prevent buildings from being used for specific purposes or even from being used at all. • Development (flood damage prevention). Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. • Discharge (physical alteration of land, stormwater management and drainage). When used without qualification, means the "discharge of a pollutant." • Discharge of Stormwater Associated with Construction Activity (physical alteration of land). Refers to a discharge of pollutants in stormwater runoff from areas where soil disturbing activities (e.g., clearing, grading, or excavation), construction materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck washout, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located. • Discharge -related activities (physical alteration of land, stormwater management and drainage). Includes activities which cause, contribute to, or result in stormwater point source pollutant discharges; and measures to control stormwater discharges, including the siting, construction and operation of best management practices (BMPs) to control, reduce or prevent stormwater pollution. • Drainage Criteria Manual (physical alteration of land, stormwater management and drainage). The supporting technical manual adopted by City Council as Ordinance No. 5702 and which may be amended by the City Engineer. • Dwelling, accessory (zoning, supplemental zoning). A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to a single-family structure. • Elevation Certificate (flood damage prevention). Refers to FEMA form 81-31, which for the purposes of this Code must be properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. • Existing structure (flood damage prevention). A structure which is in place before any reconstruction, rehabilitation, addition, or other improvement takes place for flood management purposes. • Existing manufactured home park or subdivision (flood damage prevention). A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. • Expansion to an existing manufactured home park or subdivision (flood damage prevention). The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). • Extended detention area (stormwater management and drainage). An area designed based on the proposed site and existing conditions upstream of proposed detention and can also be referred to as a stormwater pond. These constructed stormwater detention basins have a permanent pool (or micropool) of water that captures and treats runoff from each rain event per the Drainage Criteria Manual. • Extreme flood protection (stormwater management and drainage). Measures taken to prevent adverse impacts from large low -frequency storm events with a return frequency of 100 years or more. • Flood fringe (flood damage prevention). The portion of the one hundred (100) year floodplain which is outside the floodway. • Floodplain Administrator (flood damage prevention). The community official designated in the local Flood Damage Prevention Code as responsible for the Code's administration. • Floodplain development permit (flood damage prevention). A permit issued by the local Floodplain Administrator and is required before beginning any development in an area designated as a special flood hazard area on the community's FIRM. • Floodproofing Certificate (flood damage prevention). This term refers to FEMA form 086-0-34, which for the purposes of this Code must be properly completed by a professional engineer or architect licensed to practice in the State of Arkansas. • Flow -through openings (flood damage prevention). Openings specifically designed to allow floodwaters to flow into and out of enclosed spaces, minimizing the danger of foundation or wall collapse from lateral hydrostatic pressure. • Grading and drainage permit (physical alteration of land, stormwater management). Permit issued by the City of Fayetteville to an entity with the legal ability to construct temporary erosion and sedimentation control practices and permanent stormwater practices in accordance and compliance with the provisions and permit conditions of Chapters 169 and 170. • Green Stormwater Practices (GSPs) and / or Mitigation Measures (development, stormwater management). A green stormwater practice or Water Quality, Flood, and Tree Mitigation Measure, as designed per the City's current Drainage Criteria Manual. • Hazardous Materials (flood damage prevention). Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. • Hydrodynamic forces (flood damage prevention). The forces and stresses associated with moving water, including impacts from objects carried in the water. • Hydrostatic flood forces (flood damage prevention). The forces and stresses associated with standing floodwaters. • Illicit Connection (stormwater management and drainage). Any man-made conveyance connecting an illicit discharge directly to the City's municipal separate storm sewer system. This can include either: (A) Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm drain system including but not limited to any conveyances that allow any non -storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, (B) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. • Illicit discharge (stormwater management and drainage). Any discharge to a municipal separate storm sewer that is not composed entirely of stormwater unless specifically allowed by 170.10 and discharges resulting from emergency firefighting activities. • Lacustrine flooding (flood damage prevention). Flooding associated with a lake. • Lateral forces (flood damage prevention). The horizontal hydrostatic forces associated with standing water. Water exerts an equal force in all directions, and as little as 3 feet of standing water can generate sufficient lateral force to collapse a foundation or wall. • Mixed use structures (flood damage prevention). Structures with both a business and a residential component, but where the area used for business is less than 50 percent of the total floor area of the structure. • MS4 (stormwater management and drainage). The acronym for Municipal Separate Storm Sewer System and means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, and storm drains): (A) Which is owned or operated by a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act (33 U.S.C.1288) that discharges to waters of the United States; (B) Designed or used for collecting or conveying stormwater; (C) That is not a combined sewer; and (D) That is not part of a publicly owned treatment works. • New manufactured home park or subdivision (flood damage prevention). A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the initial floodplain management regulations adopted by a community. • No adverse impact principle (flood damage prevention). A principle of restricting or prohibiting land development that does harm or "adversely affects" someone else's property or land. • Nonresidential structures (flood damage prevention). Structures used only for commercial or public purposes, such as businesses, schools, churches, etc. • No -Rise Certificates (flood damage prevention). Formal certifications signed and stamped by a professional engineer licensed to practice in the State of Arkansas, demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that a proposed development will not result in any increase (0.00 feet) in flood levels within the community during the occurrence of a base flood event. • Non -Traditional MS4 (stormwater management and drainage). Systems similar to separate storm sewer systems in municipalities, such as systems at military bases, hospitals, public universities or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewer systems in very discrete areas such as individual buildings. • NPDES (stormwater management and drainage, physical alteration of land). An acronym for the National Pollutant Discharge Elimination System Storm Water Discharge Permit means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. • Overbank flood protection (stormwater management and drainage). Measures taken to prevent an increase in the frequency and magnitude of out -of -bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain). • Piers (flood damage prevention). Columns of concrete or other structural material, used to support other structural members. • Pilings (flood damage prevention). Steel tubes driven to rock or a suitable soil bearing layer and connected to the foundation of a structure. • Pollutant (stormwater management and drainage). Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. • Post Construction stormwater management (stormwater management and drainage). Term involves stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a drainage permit issued per Chapter 170 and the City's current Drainage Criteria Manual. • Protected Streams Map (flood damage prevention). The official map adopted by the Fayetteville City Council, and revised as required administratively for annexed areas, indicating the point where at least 100 acres drains into a waterway and the requirements of the streamside protection zone apply downstream. • Recreational vehicles (flood damage prevention) means a vehicle which is: (A) Built on a single chassis; (B) 400 square feet or less when measured at the largest horizontal projections; (C) Designed to be self-propelled or permanently towable by a light duty truck; and (D) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. • Risk zones categorize special flood hazard areas into groupings by the specific risk of flooding. Zones A, AE, AO, and AH are special flood hazard areas. See "X Risk Zones" in this section. • Riverine flooding (flood damage prevention). Flooding associated with a river or stream channel. • Runoff reduction method. Refers to the use of Green Stormwater Practices as described in the City's current Drainage Criteria Manual, to control stormwater runoff volume by attempting to mimic a site's natural hydrology through the use of design techniques that promote infiltration, filtration, storage, and evapotranspiration. • RV (flood damage prevention). The acronym for recreational vehicle. • Screw augers (flood damage prevention). Any type of anchor that twists into the soil, typically to a depth of 4 feet or more. They are not suitable for securing manufactured homes against floodwaters because saturated grounds often soften and fail to hold the anchor in place. • Section 404 Wetlands Permit (flood damage prevention). A permit required under Section 404 of the Clean Water Act for the discharge of dredged and fill material into any surface water of the United States. The US Army Corps of Engineers issues Section 404 permits. • SFHA (flood damage prevention). The acronym for special flood hazard area. • Shallow flooding (flood damage prevention). Flooding at a depth of less than 3 feet. • Slab anchors (flood damage prevention). Anchors where the hook of the anchor is wrapped around a horizontal rebar in the slab before the concrete is poured. • Special flood hazard areas (flood damage prevention). Geographical areas identified on FEMA flood maps as being at -risk for flooding. The maps further categorize these areas into various flood risk zones A, AE, AH, and AO. • State coordinating agency (flood damage prevention). The agency that acts as a liaison between FEMA and a community for the purposes of floodplain management. The Arkansas Department of Agriculture Natural Resource Division is the State Coordinating Agency for Arkansas. • Stormwater sizing criteria (stormwater management, drainage and erosion control). Development projects applying for a Grading and Drainage Permit shall meet the Minimum Standards related to stormwater runoff and protection of existing water bodies and properties. These stormwater sizing criteria must be used to design required structural stormwater controls and can be found in the City's current Drainage Criteria Manual. • Streamside protection zones (flood damage prevention). Areas generally, but not always, made up of trees and accompanied by shrubs and other vegetation along a stream, river or shoreline that is managed to maintain the integrity of the waterway and to reduce pollution. • Structural development (flood damage prevention). A development that includes the placement or construction of a structure. • Structure (flood damage prevention). Refers to any building with two (2) or more rigid walls and a fully secured roof on a permanent site or to any gas or liquid storage tank that is principally above ground. • Top of bank (flood damage prevention). The point along a streambank where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high water stage. • Uses vulnerable to floods (flood damage prevention). Any land or structural uses that may be negatively affected by a flood. • Watercourse alteration (flood damage prevention). Refers to any change that occurs within the banks of a watercourse. • X risk zones (flood damage prevention). A special group of insurance risk zones. One (1) type, shown as non - shaded areas on FEMA issued flood maps, indicates a zone of minimal flood risk. The second type, shown as shaded areas of FEMA flood maps, indicates a flood hazard area that is expected to be affected by the five hundred (500) year flood, but not by the one hundred (100) year base flood. Exhibit B Repeal and Replace § 159.01 — Fees/Schedule with the following: 159.01 - Fees/Schedule (A) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost of public notices and such other expenses as may be incurred in connection with processing of applications, plan reviews, amendments, permits, variances and other matters pertaining to the UDC. An alderman may present a resolution to the City Council to waive or reduce development permit fees otherwise required by this chapter or elsewhere within the Unified Development Code, where it is permitted. If the reduction or waiver would serve the public interest, alleviate an unfair burden upon an applicant, or be beneficial to the city as a whole, the City Council may grant such reduction or waiver of permit fee. (B) Fee schedule. (1) General. Unless specific fees are otherwise adopted by the City Council, the following schedule of fees is established. (2) Signs. (a) Signs. $25 for each sign. (b) Windblown signs. $10 (c) Sign variance. Filing fee: $25 (3) Development. The following application fees are due for each of the following development review submittals: a) All Concept Plats. $50 b) Lot splits or property line adjustments. $200 c) Subsequent technical plat reviews for tabled items, after initial Fee in item d) below. $200 d) All other Plat Reviews (Concurrent, Preliminary and Final): Per Plat Review Nonresidential $800 10 or less residential units $200 25 or less residential units $400 26 or more residential units $800 e) Other Plan Reviews: Large Scale Development Planned Zoning and Site Improvement District Plans Nonresidential 5,000 or less sq. ftF $400 �$800 Nonresidential Over 5,000 sq. ft. $800 $1,125 10 or less residential units F— $200 $525 125 or less residential units I $400 I $725 26 or more residential units $800 $1,125 (4) Grading Permit. Two (2) reviews are covered with the initial application fee. For each subsequent review, a resubmittal fee shall apply. Permit Application Fees Grading Size of Disturbed Area Plan and Permit Less than 0.5 acre $75.00 0.51 to 1.0 acre $100.00 Over 1.0 acre $200.00 Drainage Resubmittal Fee Report Review (if required) $75.00 $75.00 $100.00 $100.00 $200.00 $200.00 Appeals $100.00 N/A N/A (5) Zoning. Rezoning $325.00 Accessory Dwelling $100.00 Conditional use $100.00 Manufactured home: Initial permit $25.00 Renewal Home occupation: $12.50 Initial permit $25.00 Renewal 1 $12.50 Planning Commission or Board of Adjustment Variance: Before any violation has occurred $25.00 After any violation has occurred $100.00 Appeal of Zoning and Development Administrator interpretation $100.00 (6) Streets and Sidewalks. Driveway, curb cut, sidewalk, and all 1 $25.00 other excavation in public right-of-way (7) Tree Preservation. Filing fee $120.00 (8) Floodplain Determination. Type of Review Grading Plan and Resubmittal Fee Permit Administrative review (EC, Fence, Acc $50 N/A Structure, etc..) LOMA, LOMR-F $75 $25 CLOMR/LOMR $200 $100 Appeals $100 N/A (9) Vacations. Filing fee $200.00 (10) Building Permits. (a) General fees. The following general provisions shall apply to all permits, including but not limited to building, electrical, gas, mechanical and plumbing; and shall apply in addition to the fees and requirements set forth in each separate code. (b) Permit Valuation. (i) Permit valuation is the reasonable valuation of all services, labor, materials, and appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy. (ii) The permit valuation shall include total cost such as plumbing, electrical, gas, mechanical, equipment, and other systems, however, the cost of excavation or grading, paying, and land cost are not deemed a part of such permit valuation. (iii) The building permit fee shall be based on the construction valuation as determined by the published Building Code Fee Schedule or as submitted by the applicant, whichever is greater. (c) Building Construction. Building construction fees shall be as set forth in the Building Code, fees appendix, except as set forth below: Original C of O—new building $15.00 Certificate of completion $15.00 C of O—existing building and/or $25.00 change of occupancy use Demolition permit $50.00 Temporary C of O $25.00 Footing/foundation only $50.00 Appeal of building official to Construction Board of Adjustment $50.00 and Appeal Moving permit $100.00 Administrative/Maintenance Fee $25.00 Permit extension [$50.00 Permit Processing Fee* �$200.00 *A permit processing and review fee shall be submitted with all building permit applications as required in the Building Code Fee Schedule. This fee shall be applied as a credit to the total fees due once the building permit is obtained. (d) The Building Official shall administer the collection and reporting of fees as required herein. In the event of whether a fee should be charged or not, the Building Official shall make the final determination. (e) Supplementary Permit fees. (i) Design/Build Fee. In addition to the permit fees, a design/build fee for fast -track, design -build, and buildings permitted with construction progressing as design and construction plans are in progress shall be equal to one-half the permit fee but shall not be more than $1,000.00. (ii) Emergency, Investigative and After Hour(s). In addition to the permit fee, an emergency fee for after- hours inspection, investigations and emergency inspections shall be $20.00 per inspection. (iii) Outside City Limits. In addition to the permit fee, each inspection required outside Fayetteville city limits shall be $20.00 per inspection. (iv) Work Without Permit. Where work for which a permit is required is started or proceeded prior to obtaining said permit, the fees herein specified shall be doubled. Payment of such double fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work nor from any other applicable penalties. (v) Re -inspection. For a re -inspection to correct a violation(s) and/or if installation is not ready for requested inspections the fee shall be $25.00. For each subsequent re -inspection, the fee shall be double the amount of the previous fee, with a maximum of $200.00. All re -inspect fees must be paid prior to the inspection taking place. (vi) A Temporary Certificate of Occupancy may be issued for a period of up to thirty (30) days for a fee of $25.00. For each subsequent month that a Temporary Certificate of Occupancy is requested by the applicant and granted by the city, a fee shall be imposed that is double the amount of the previous fee, with a maximum of $200.00, until a final Certificate of Occupancy is granted. (f) Exemptions from Permit Fees. (i) Historical Buildings. (a) Buildings identified and classified as historical buildings or structures by state or local jurisdiction shall be exempt from permit fees. (b) The Mayor may exempt all or part of the applicable permit fees for buildings that can be proven to be more than fifty (50) years old. This exemption shall apply only to owner -occupied, single-family dwellings where there is to be no change of use or occupancy. Affordable Housing. Construction of single family and non-profit multi -family supportive housing funded wholly or primarily by federal Community Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban Development housing loans and similar programs designed to provide affordable, owner -occupied, single family residences to low income individuals and non-profit multi -family supportive housing shall be exempted from payment of building permit fees. (iii) City -Owned Facilities. Construction projects that occur on city -owned properties for facilities that are partially or wholly owned by the city shall be exempted from payment of building permit fees. (g) Electrical. (i) Electrical Permit Fees. Fees for permit shall be paid to the city, as follows: (a) First four meters, new or replacement, $20.00. (b) For each additional meter on a building, $5.00. (c) $0.25 per outlet, and $10.00 per inspection with electrical wiring in concrete. (d) Neon tube lighting shall be $10.00 for each transformer. (e) A minimum fee for any electrical permit shall be $20.00. (i i) Apprentice Electrician. Registration of an apprentice electrician, $10.00. (h) Gas. (i) Gas Permit Fees. Fees for gas permit shall be paid to the city, as follows: (a) First five (5) fixtures for $20.00 plus $2.00 for each additional fixture. (i i) Exceptions. Gas ranges/ovens, domestic clothes dryers, and space heaters not required to have a vent are exempted and gas permits are not required to connect these appliances to an existing gas outlet in an existing piping system. (i) Mechanical Permit Fees. Fees for a mechanical permit shall be paid to the city as follows: Minimum permit fee for the first unit $20.00 Additional units greater than 1/3 horsepower $5.00 Fractional horsepower mechanical exhaust $2.00 Gas vent per unit $5.00 0) Plumbing. (i) Plumbing Permit Fees. Fees for plumbing permits shall be paid to the city, as follows: (a) First five fixtures for $20.00, plus $1.75 for each additional fixture, and (b) $10.00 for each inspection required for plumbing under slab. Exhibit C — Amendments to Chaster 166 Development Repeal and Replace 166.01 - Development Categories with the following: 166.01— Development Categories (A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between adjoining property owners which does not create a separate, new lot. A property line adjustment cannot dedicate new easements or right-of-way. (B) Subdivision of Land. (1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster Housing Development (C) Development Review Process, after the creation of more than four (4) lots from an original parent tract as established under Washington County's countywide 1985 reappraisal. Any subsequent subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right-of-way and may be combined with an easement plat. (2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, the application shall be processed as preliminary plat. A preliminary plat establishes the preliminary location of lot lines, streets, and utility infrastructure, and allows for the applicant to request construction plan approval and install required improvements. (3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for approval of the final plat. The final plat application may not be submitted until the final inspection for the required infrastructure has been scheduled with City Engineering staff. (4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one step. A concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, and the existing and new parcels do not require construction of new infrastructure. (C) Site Plan. (1) Large Scale Development. A large scale development is generally intended for development on a site of 1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area and where a corresponding subdivision of land is not proposed. (a) Requirement. The development of the following must be processed in accordance with the requirements for a large-scale development: i. A site 1 acre or greater in size and creating more than 10,000 square feet of new impervious area; ii. Facilities emitting odors or handling explosives and (b) Excluded Developments. Developments creating less than 10,000 square feet of new impervious area or a development on a lot or parcel in a zoning district subject to administrative approval. (2) Large Site Improvement Plan A large site improvement plan review is intended for a large scale development that is located on a site within a zoning district that permits administrative approval. A large site improvement plan is subject to the requirements and excluded developments for a large scale development listed in Fayetteville Unified Development Code 166.01(C)(1). (3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than one (1) acre in size with greater than 10,000 square feet of new impervious area. (a) Requirement. The development of the following must be processed in accordance with the requirements for a small site improvement plan: i. A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions; ii. The creation of more than 10,000 square feet of impervious area for a development on site of less than one (1) acre within any zoning district. (b) Excluded Developments. The construction of less than or equal to 10,000 square feet of new impervious area shall be exempt from the site improvement plan requirements and shall be submitted in accordance with the requirements of §166.02(E) and §166.15. (4) Concept Plan. When a developer intends to subdivide property within the city or city's planning area boundary, he/she shall submit a concept plan to obtain feedback and recommendations from city staff prior and the Planning Commission to submitting a fully engineered development plan for review. When a developer intends to develop greater than 10,000 square feet of new impervious area within the city or city's planning area boundary, they may submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. (D) Modifications. (a) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to, substitutions of one approved structural type for another, minor variations in placement of buildings in such a way that the overall limits of approved floor area, open space, or rooms per acre are not increased, and minor shifts in property line locations. (b) Major Modifications. In the event that a developer wishes to make major modifications to an approved development, such modifications shall be submitted to the approving body of the subdivision or site plan, whether staff, Subdivision Committee, or the Planning Commission. After submission, the approving body shall approve or disapprove the requested modification. Repeal and Replace § 166.02(D)(1) with the following: (1) Property Line Adjustment, Lot Split, Building Permit, 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. Repeal and Replace § 166.02(E) with the following: (E) Building Permits (1) Before a building permit is issued the developer shall: (a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (b) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. (c) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: i) Obtain approval from the appropriate governing body ii) On and Off -Site Improvements. Construct or guarantee required on- and off -site improvements in accordance with UDC Chapter 158. iii) Complete applicable conditions of approval. (2) In addition to 166.02(E), before a building permit is issued for site that creates between 1,201 and 10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate Grading and Drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place prior to the effective date of this ordinance. Required Mitigation Measures and Documentation by Development Threshold Development City-wide Grading and Drainage / Stormwater Documentation Threshold Standard Level 1 < or = 1,200 Exempt from Grading and Drainage provisions except for sf of IA those still associated with the Building Permit process such as HHOD. • Completed Green Stormwater Practice (GSP) Worksheet, demonstrating Runoff Reduction via 1,201- Better Site Design. Level 2 6,000 sf of IA • GSP Operation & Maintenance (O & M) Agreement to ensure the long-term functionality of these practices. Same as Level 2. 6,001— Level 3 10,000 sf of IA Repeal and replace § 166.02(F) with the following: Water Quality, Flood, and Tree Mitigation Measures Exempt • 2 or more measures from Step 1 of Table 2 that Reduce Runoff via Better Site Design • 1 or more Green Stormwater Practices (GSPs) measures from Step 2 of Table 2 as required to treat 100% of the developed portion of the site. • Same as Level 2. • As needed GSP measures from Step 3 to further reduce runoff • Abbreviated Tree Preservation Plan (F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale development, large site improvement plan, or small site improvement plan shall be issued, and no final plat or concurrent plat shall be signed for recordation until the following have been completed: (1) The requirements for on and off -site improvements have been completed, and maintenance bonds/guarantees deposited to city specifications. (2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing: (a) The location of all buildings and the setback distance for said buildings from street right-of-way and adjoining property lines; (b) The location of any freestanding signs and the setback distance of said signs from street right-of-way and adjoining property lines; (c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or fences; (d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines; (e) The location and size of all stormwater features with associated drainage easements demarcated, where applicable; and (f) The location and quantity of existing and new impervious area on the property. (3) The development has been inspected and approved by all applicable city divisions. (4) All applicable conditions of approval have been completed. Repeal and Replace § 166.03 - Plat Requirements with the following: 166.03 — Plat Requirements (A) Original Plan Drawings. Plans shall be drawn in a legible manner, at a scale which best suits the size of the property being developed or platted. All plans shall be drawn at a standard engineering scale, and submitted in paper and/or digital form, as listed on the application. (B) Plat Information. The following information shall be submitted to the Planning Division and/or Planning Commission for review and approval: (1) General. Property Large - Preliminary Final Concurrent Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Adj. PZD I I Name, address, zoning and property lines of all property owners adjacent to the exterior boundaries of the project. X X X X X FX-Fx Name, address, telephone numbers of owner(s), developer(s) and project representatives X X X X X X X North arrow, scale (graphic and written), date of preparation zoning classification, and X X X X X X X proposed use. Title block located in the lower right hand corner indicating the name and type of project, scale, firm or individual X X X X FX FX X preparing drawing, date and revisions. Provide a complete and accurate legend X X X X X X X A vicinity map of the project with a radius of 1.5 miles from the project. This map shall include any Master Street Plan X X X X X X X streets as well as the 100-year flood plain boundary. i The location of all existing structures X X X X FX X X Site coverage note indicating the percentage of site that is X X X X X X covered by impervious surface. (2) Legal Description. Property Large - Preliminary Final Concurrent Lot Scale, Concept Plat Plat Plat Line Add' Split SIP, Plat I PZD Written legal descriptions including area in square feet or acres that read clockwise (Note: If the project is contained in I X X X X X X more than one tract, the legal for each individual tract and a total tract description must be provided.) Boundary survey of the property shown on the plat. The surveyor shall seal, sign and date the survey. Each survey X X X X X X X plat shall have 2 points described in State Plane Coordinates, Arkansas, North, North American Datum, 1983 (NAD 83) Provide a benchmark, clearly defined with an accuracy of 1/100 feet. This benchmark must be tied to USC & GS Datum. Benchmarks include but are not limited to the following: fire hydrant, manhole, etc. Point -of -beginning from a permanent well-defined referen point. This P.O.B. shall be clearly labeled on the drawing. Curve data for any street which forms a project boundary. (3) Floodplain/Floodways/Wetlands. X X X X FceFX FX XXX X X X F -Xl X X Preliminary Final Concurrent Property Lot Large- Concept Plat Plat Plat Adj. Line Split Scale, SIP, PZD Plat Show 100-yr floodplain and/or floodway and based flood elevations. Reference the FIRM panel number and X X X X X X FX effective date. Note regarding wetlands, if applicable. Note if Army Corps of Engineers determination is in progress. (4) Topographic Information. Existing and proposed topographic information with source of the information noted. Show: a. 2-foot contour intervals for ground slope between level and 10%. b. 5-foot contour interval for ground slope exceeding 10%. Spot elevations at grade breaks along existing road centerlines, gutter lines and top of curbs or edge of pavement. Contours of adjacent land within 100 feet of the project shall also be shown. (5) Tree Protection/Landscaping. X I X X Preliminary Final Concurrent Property Lot Large- Concept Plat Plat Plat Line Split Scale, Adj. SIP, PZD plat Large - Preliminary Final Concurrent Property Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Add. I PZD Delineate trees to be retained on -site and the measures to X X XT X X be implemented for their protection. I I Clearly depict the limits of soil disturbance to inclu( areas to be graded both on and off -site. Show proposed location of all utilities. Landscape proposals for parking lots and/or tree replacement requirements shall include proposed I species and size. Existing and proposed utility lines shown on the plan. State the method for irrigating material on the plan. When an ordinance requires other screening material, show the layout of planti (6) Utilities - Existing. le all X X X X X X X F-T X Plant shall be X X X X :he plant hrubs or )g beds. P P y Large - Preliminary Final Concurrent Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat J_ Adj. pZD J_ Show on the drawing all known on -site and off -site existing utilities and easements (dimensioned) and provide the X X X X X X X structure's locations, types, and condition and note them as "existing" on the plat. Existing easements shall show the name of the easement holder, purpose of the easement, and the book and page number for the easement. If an easement is blanket or X X X X X X indeterminate in nature, a note to this effect shall be placed on the plat or plan. (7) Utilities - Proposed. Preliminary Final Concurrent PropeLine rty Scale , Lot Large- Concept Plat I Plat Plat Split Plat Adj. SIP, PZD Show all storm sewer structures, sanitary sewer structures and drainage structures: X X X X a. Provide structure locations and types b. Provide pipe types and sizes Sanitary sewer systems: a. Provide pipe locations, sizes, and types X X X X X X b. Manhole locations of rim and invert elevations. Note the occurrence of any previous water, sewer, or storm sewer overflow problems on -site or in the X X X proximity of the site. If a septic system is to be utilized, provide a table of X X X acreage and percolation rates. F Water systems, on or near the site: a. Provide pipe locations, types, and sizes X X X X X X b. Note the static pressure and flow of the nearest hydrant if requested. c. Show location of proposed fire hydrants and me Underground or surface utility transmission lines: (Note: This category includes, but is not limited to telephone, electrical, natural gas, and TV cable) a. Locations of all related structures (pedestals, pol etc.) b. Locations of all lines (note whether the line is be or above ground) c. A note shall be placed where streets will be plac under the existing overhead facilities and the approximate change in grade for the proposed str State the width, location, and purpose of all propo easements or rights of way for utilities, drainage, sewers, flood control, ingress/egress or other publi purposes within and adjacent to the project. (8) Streets/Right-of-Ways/Easements. ters. F es, low X X X X ed eet. sed X X X X X X X c Street right-of-way lines clearly labeled. The drawings depict any future R.O.W. needs as determined by the and Master Street Plan. Future R.O.W. as well as existi R.O.W. and center lines should be shown and dimensi The location, widths, grades, and names of all existing proposed streets (avoid using first names of people fo streets), alleys, paths, and other rights -of -way, whethe or private, within and adjacent to the project; private easements within and adjacent to the project; and the of each centerline curve. Private streets shall be clear) indicated and named. Names of streets should be app the 911 Coordinator. A layout of adjoining property (within 300 feet) in suffi detail to show the effect of proposed and existing stre (including those on the Master Street Plan), adjoining I off -site easements. This information can be obtained f Master Street Plan, Aerial Photos, and the City Plat Pa located in the Planning Office if requested. The location of all existing and proposed street lights ( intersection, cul-de-sac & every 300 feet and associate easements to serve each light.) (9) Subdivision of Land. �r Large - Preliminary Preliminary Final Concurrent Lot Scale, Concept o r Plat Plat Plat Line Split SIP, Plat Adj. PZD I I hall AHTD X X X X X X X ng ned. and new r public radius X X X X X X X Y roved by cient ets ots, and X X X X X rom the ges At every d X X X X Preliminary Final Concurrent Property Lot Large- Concept Plat Plat Line Split Scale, Plat Adj. Street right-of-way lines clearly labeled. The drawings depict any future R.O.W. needs as determined by the and Master Street Plan. Future R.O.W. as well as existi R.O.W. and center lines should be shown and dimensi The location, widths, grades, and names of all existing proposed streets (avoid using first names of people fo streets), alleys, paths, and other rights -of -way, whethe or private, within and adjacent to the project; private easements within and adjacent to the project; and the of each centerline curve. Private streets shall be clear) indicated and named. Names of streets should be app the 911 Coordinator. A layout of adjoining property (within 300 feet) in suffi detail to show the effect of proposed and existing stre (including those on the Master Street Plan), adjoining I off -site easements. This information can be obtained f Master Street Plan, Aerial Photos, and the City Plat Pa located in the Planning Office if requested. The location of all existing and proposed street lights ( intersection, cul-de-sac & every 300 feet and associate easements to serve each light.) (9) Subdivision of Land. �r Large - Preliminary Preliminary Final Concurrent Lot Scale, Concept o r Plat Plat Plat Line Split SIP, Plat Adj. PZD I I hall AHTD X X X X X X X ng ned. and new r public radius X X X X X X X Y roved by cient ets ots, and X X X X X rom the ges At every d X X X X Preliminary Final Concurrent Property Lot Large- Concept Plat Plat Line Split Scale, Plat Adj. Preliminary Final Concurrent Property Lot Large- Concept Plat Plat Line Split Scale, Plat Adj. The lot layout, the dimensions of each lot, number of each I total area in square footage or acreage to the nearest 1/10 acre of each lot, and the approximate finish grade where p For phased development, a plat showing all phases is required. (10) Site Specific Information. Provide a note of any known existing flooding and/or erosi problems on -site or within 300 feet downstream of the property. The location of known existing or abandoned water wells, sumps, cesspools, springs, water impoundments, and underground structures within the project. The location of known existing or proposed ground leases access agreements, if known. (e.g. shared parking lots, drives, areas of land that will be leased) The location of all known potentially dangerous areas, including areas subject to flooding, slope instability, soil settlement, excessive noise, previously filled areas and the means of mitigating the hazards (abatement wall, signage, etc.). The boundaries, acreage, and the use of existing and proposed public areas in and adjacent to the project. If Ian is to be offered for dedication for park and recreation purposes it shall be designated. For residential development, indicate the use and list in a table the number of units and bedrooms. For non-residential development, indicate the gross floor area, and if for multiple uses, the floor area devoted to each type of use. The location and size of existing and proposed signs, if any The location and number of bike racks provided and required. Location, size, surfacing, landscaping, and arrangement of parking and loading areas. Indicate pattern of traffic flow; include a table showing required, provided, and handicapped accessible parking spaces. a are proposed for building sites. Lots shall be numbered consecutively for all phases. The total number of lots shall indicated on the plat. For phased development, a plat showing all phases is required. (10) Site Specific Information. Provide a note of any known existing flooding and/or erosi problems on -site or within 300 feet downstream of the property. The location of known existing or abandoned water wells, sumps, cesspools, springs, water impoundments, and underground structures within the project. The location of known existing or proposed ground leases access agreements, if known. (e.g. shared parking lots, drives, areas of land that will be leased) The location of all known potentially dangerous areas, including areas subject to flooding, slope instability, soil settlement, excessive noise, previously filled areas and the means of mitigating the hazards (abatement wall, signage, etc.). The boundaries, acreage, and the use of existing and proposed public areas in and adjacent to the project. If Ian is to be offered for dedication for park and recreation purposes it shall be designated. For residential development, indicate the use and list in a table the number of units and bedrooms. For non-residential development, indicate the gross floor area, and if for multiple uses, the floor area devoted to each type of use. The location and size of existing and proposed signs, if any The location and number of bike racks provided and required. Location, size, surfacing, landscaping, and arrangement of parking and loading areas. Indicate pattern of traffic flow; include a table showing required, provided, and handicapped accessible parking spaces. SIP, PZD ot, Oth ds X X X X X X be X X X X Large - Preliminary Final Concurrent Property Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Add. PZD on X X X X X X X X X X or X X X X X X X X X X d X X X X I FT x F_ FX X X X X X X X I X Large - Preliminary Final Concurrent Property Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Add. PZD on X X X X X X X X X X or X X X X X X X X X X d X X X X I FT x F_ FX X X X X X X X I X Location and width of curb cuts and driveways. Dimension driveways and curb cuts from side property line and surrounding intersections. Location of buffer strips, fences or screen walls, where required (check Unified Development Code for specific requirements). Indicate location and type of garbage service. Dimension turnaround area at dumpster location. A description of commonly held areas, if applicable. A written description of requested waivers or variances fro any city requirement. Show required building setbacks. Provide a note on the pla of the current setback requirements for the subdivision. Preliminary grading and drainage plans and reports as required in the City Engineer's Office. (11) Other requirements. Any other data or reports as deemed n for project review by the Zoning and Development Administrator, City Engin Planning Commission. Signature block to certify approval of st drainage and utility easements. Signature block to certify approval of w sewer system. Signature block to certify approval of b setback dimensions. Signature block certifying approval for recording. Signature block certifying approval of p dedication or money in lieu. Signature block certifying approval of u easements. Signature block certifying ownership, title and dedication. Signature block certifying survey and ac (12) Easement Plat. III Fx X X X X __F F1 X X X F X n X X X X X X X X X X X Fx X X F X X Preliminary Final Concurrent Property Lot Large- Concept ale LinAde Plat Plat Plat Split SS Plat 1 ?cessary X X X X X X X aer or reets, Fx T x _F7 ater and X X gilding X X X X X X ark land X X tility I X X X X X curacy. X X X Prior to the issuance of a building permit for a large scale development, site improvement plan or planned zoning district an easement plat shall be filed of record in the office of the Circuit Clerk dedicating all required easements and rights -of -way. Large - Preliminary Final Concurrent Property Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Adj. PZD X *All plats should meet or exceed the most current State of Arkansas Standards of Practice for Property Boundary Surveys and Plats. **SIP = Large or Small Site Improvement Plan ***PZD = Planned Zoning District (C) Signatures Required. The final plat or concurrent plat may be signed by any officer of the Planning Commission. (D) Number of Plats. The Planning Division may require additional copies of plats if the amount required by this chapter is not sufficient for distribution to the various committee members. Repeal and Replace § 166.04(B) Minimum Improvements by Application Type with the following: (B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for constructing the following minimum improvements. (1) Property Line Adjustment or Exempted Properties of less than or equal to 1, 200 square feet of impervious area. No improvements are required unless the action would create or exacerbate a nonconforming infrastructure situation such as cutting off a lot from public water, sewer, or street frontage. In such as case the property may not be filed of record until the required infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (2) Building Permit with no required grading review. a. Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. b. Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. c. Grading and Storm Drainage System. The developer shall install Water Quality, Flood, and Tree Mitigation Measures after approval of the corresponding Grading and Drainage / Stormwater documentation found in Section 166.02(F) i. All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the City's Drainage Criteria Manual. (3) Lot Split, Building Permit requiring grading review. (a) Dedication of Right -of -Way. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property into conformance with the right-of-way requirements of the Master Street Plan for said streets; provided, the Subdivision Committee or Planning Commission may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. If a lot split would create or exacerbate a nonconforming situation (such as cutting off a lot from public water, sewer, street frontage, or street access), the lot split may not be filed of record until the required easement is dedicated and/or the infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (d) Parkland Dedication. Parks fees shall be assessed for each new residential unit that is constructed on the additional lot(s) in accordance with the parkland dedication requirements outlined in Fayetteville Unified Development Code Chapter 166. Said fees shall be paid prior to issuance of a building permit for construction on the new lot. (4) Preliminary/Final/Concurrent Plat, Large Scale Development, Large or Small Site Improvement Plan. (a) Dedication of Right -of -Way. (i) On -site. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance with the right-of-way requirements of the Master Street Plan for said streets, shall be approved by the Planning Commission or Subdivision Committee; provided, the Planning Commission or Subdivision Committee may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (i i) Council Acceptance of Streets and Alleys. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Streets. (i) On -Site. Widening the street adjacent to the project frontage and construction of all interior streets to meet Master Street Plan standards. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. (i i) Off -Site. Street widening and/or new street construction off -site may be required to address traffic impacts based on the rough proportion and rational nexus of the impacts of the project. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. (iii) Private Street Name Signs. Where a structure is addressed on a private street or drive, the developer or property owner(s) shall be required to install, maintain, repair and replace all private street name signs. Any private street name sign existing at the time of passage of this ordinance shall be maintained, repaired and replaced as required by this section. Signs shall meet the standards of the Manual on Uniform Traffic Control Devices (MUTCD) and shall be installed at all street/drive intersections. Unless approved otherwise, all signs shall be retroreflective and utilize a white legend on a green background. (d) Curbs and Gutters. (i) On -Site. Curbs and gutters adjacent to the project frontage according to existing city standards and specifications as adopted by the City Council. Off -Site. Curbs and gutters off -site may be required to address drainage and/or traffic impacts based on the rough proportion and rational nexus to impacts of the project. Curbs and gutters according to existing city standards and specifications as adopted by the City Council. (e) Traffic Signals. As determined to be needed based on the rough proportionality and rational nexus of the impacts of the development. (f) Sidewalks. (i) On -Site. Sidewalks shall be installed along the property street frontage and along new interior streets according to existing city standards and the Master Street Plan as adopted by the City Council. (ii) Off -Site. Sidewalks may be required to be installed off -site based on the rough proportionality and rational nexus of the impacts of the development. (g) Streetlights. Standard 8,000 lumen streetlights (or equal alternative approved by the Planning Division) shall be installed at each intersection or cul-de-sac and along one side of each street or cul-de-sac at intervals of no more than 300 feet; provided, streetlights of higher intensity may be required at intersections with collector streets or arterial streets. Developers are encouraged to utilize high -efficiency (LED or similar) streetlights where possible). (h) Grading and Storm Drainage System. (i) The developer shall install storm drainage facilities, including drains, sewers, catch basins, and culverts necessary for the proper drainage of all surface water. (ii) All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the City's Drainage Criteria Manual. (iii) All surface water drainage shall be transported to existing storm sewers, drainage facilities, or natural drainage ditches approved by the City Engineer. (iv) The City Engineer shall approve all drainage features. (v) Culverts and Bridges. Culverts and bridges shall be installed where needed in accordance with existing Arkansas State Highway Department standards and specifications. (i) Water Supply. (i) Accessible Public Water Supply. When an approved public water supply is reasonably accessible, the developer shall install a system of water mains and shall connect to such supply so that each lot within the subdivision or development shall be provided with a connection to said public water supply. All connections shall be approved by the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (ii) Nonaccessible Public Water Supply. Where an approved public water supply is not reasonably accessible, any private water supply system proposed by the developer must be approved by the county sanitarian and the City Engineer in order to assure that the private water supply system will provide an adequate supply of potable water to every lot in the subdivision or development. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (iii) Fire Hydrants. Fire hydrants for single-family dwellings and duplexes shall be installed so that the distance between two consecutive fire hydrants does not exceed 800 feet, and no lot is more than 400 feet from a fire hydrant. Fire hydrants for apartment complexes, commercial structures, and industrial structures shall be installed so that the distance between two consecutive fire hydrants does not exceed 600 feet; provided, the Fire Chief shall have the authority to require additional fire hydrants upon a determination that such additional fire hydrants are necessary to provide adequate fire protection. The Fire Chief shall develop written criteria to be applied in determining whether additional fire hydrants shall be required. 0) Sanitary Sewer System. (i) Public Sanitary Sewer Accessible. Where a public sanitary sewer is reasonably accessible, the developer shall connect with such sewer, and each lot within the subdivision or development shall be provided with a connection thereto. All connections shall be subject to the approval of the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street if possible. (ii) Public Sanitary Sewer Not Accessible. Where a subdivision, lot split, or other development is proposed to utilize either individual septic systems or an onsite wastewater treatment system the following is required: (a) Lot Splits Resulting in Lots Less Than 1.5 acres. Prior to the City stamping the lot split document for approval, a letter from the Arkansas Department of Health is required verifying approval of soil tests and that the property could be developed with a septic system. (b) Prior to the city signing a final or concurrent plat a letter from the Arkansas Department of Health is required indicating approval of the overall plan for the utilization of either onsite wastewater systems or individual septic permits. (c) Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by state law and water wells on -site or off -site within 100 feet shall be shown on all proposed subdivisions, lot splits, and development plans. (d) Community Sewage Systems. The construction of community sewage systems or decentralized sewer systems shall be prohibited within the City unless expressly permitted by resolution of the City Council. (e) Annexation of Community Sewage Systems. Where a community sewage system is annexed into the city, then the following shall apply: (1) Unconstructed Systems. The wastewater system shall be designed such that the entire collection system is a traditional -style gravity sewer system that carries all wastewater flow to centralized treatment facilities and shall meet city standards for design construction. The system must also be designed such that there is one single point of connection from which a future gravity connection can be made to the city sanitary sewer system when the latter becomes available. This connection shall be made at the expense of the owner of the decentralized wastewater system. (2) Constructed Systems. Systems constructed prior to annexation into the city must tie to the city sanitary sewer system when a city sanitary sewer main is constructed within 300 feet of the community sewage system and such main is reasonably available to the community sewage system. This connection shall be made at the expense of the owner of the decentralized wastewater system. (k) Trail Linkages/Corridor/Easements. The developer may be required to construct a trail linkage or corridor or grant a multi -use trail easement for trails shown on the Master Transportation Plan that abut, intersect, or traverse the project site, if it is determined that the improvements bear a rational nexus and rough proportionality to the needs created by the development. (1) Parkland Dedication. (i) Applicability. The requirements of this subsection shall apply to residential lot splits, subdivisions, large scale developments, planned zoning districts, large scale site improvement plans, and small scale site improvement plans; provided that these requirements shall not apply to a lot split or subdivision that does not create one (1) or more vacant lots on which a residential structure could be erected pursuant to the Unified Development Code. (ii) Residential Development. (a) Dedication or Fee -in -Lieu. When a proposed residential development does not provide an area or areas for a public park based on the Fayetteville Parks and Recreation Plan, the developer shall be required to make a reasonable dedication of land for public park facilities, or to make a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition and development of park land that serves the subdivision or development. (b) Parks and Recreation Advisory Board. Prior to the submittal of a preliminary plat, large scale development plan, or large site improvement plan the developer shall submit to the Parks and Recreation Advisory Board a concept plat or plan. (c) Planning Commission. The developer and the Parks and Recreation Advisory Board shall make a joint recommendation to the Planning Commission as to the land dedication or contribution in lieu of dedication. In the event that they are unable to agree, the developer and advisory board shall make separate recommendations to the Planning Commission who shall determine the issue. (d) Decision. If the developer proposes to dedicate land for a public park after consultation with the Parks and Recreation Advisory Board which the Planning Commission determines is suitable for park purposes, the proposed dedication shall be accepted. Upon consent and consultation with the developer and the Parks and Recreation Advisory Board, a developer may dedicate a portion of the required park land dedication and make a contribution of money in lieu of land dedication for the remaining park land dedication requirement. With consent of the Parks and Recreation Advisory Board, this monetary contribution may be used to develop the park land in the development or elsewhere within the quadrant consistent with the Fayetteville Parks and Recreation Plan. (e) Approval. The Planning Commission's decision must be incorporated into the developer's preliminary plat, large scale development, or large site improvement plan prior to plat or plan approval. (f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for each single-family dwelling unit and 0.020 acres of land for each multi -family dwelling unit. (g) Fee -in -Lieu formulas. A contribution in lieu of land dedication shall be made according to the following formula: $1,089.00 for each single-family unit. $952.00 for each multi -family unit based upon actual density. The Parks and Recreation Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review. (h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds the requirement of this subsection, the developer shall make a written request to the Planning Commission who may grant the developer a credit equivalent to said excess. Said credit shall be applied toward the developer's obligation under this subsection for any subsequent development located in the same park quadrant. (iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city signs the final plat, or issuance of building permits for a large scale development or large site improvement plan. A final plat shall not be released for recordation until the deed for a land dedication is received. Deeded land is dedicated public park land and not subject to any right of reversion or refund. A cash contribution in lieu of required land development shall be payable before the city signing the final plat, or issuance of building permits for a large scale development or large site improvement plan. With the approval of the planning commission a developer may pay such contribution in three (3) equal installments to be paid in full within one (1) year of final plat approval. If a developer makes a cash contribution in lieu of land dedication, the developer shall be entitled to a pro rata refund, together with the accrued interest therefrom, in the event actual density is less than the density used as the basis for the developer's contribution; provided, no refund shall be made unless application therefore is made in writing to the Zoning and Development Administrator within one (1) year from the date of final plat approval. In the event actual density is more than the density used as the basis for a dedication of land or case contribution the developer must make an additional land dedication or contribution in lieu of dedication. (iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be required to meet the standards for lot size, bulk and area within any zoning district. Lots created for the purpose of park land dedication to serve the residents of the surrounding area shall not be subject to POA/HOA dues or other fees established for maintenance or other purposes within the neighborhood. (v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in an interest bearing account. This money together with its earned interest shall be expended within five (5) calendar years of the last date of the calendar year in which it was received for the acquisition and/ or development of parkland that services the subdivision or development for which the contribution in lieu of dedication was made. If this money has not been expended within the allowed period, the unexpended money together with any of its remaining earned interest shall be refunded to the present owner of the property that was the subject of the new development and against which the parkland fee was assessed and collected. Repeal and Replace § 166.15(A) with the following: (A) Application. All applications for building permits shall be accompanied by plans in duplicate drawn to scale showing: (1) The actual dimensions and shape of the lot to be built upon; (2) The exact sizes and locations on the lot of any existing structures or impervious areas, if any. Impervious areas will be considered as existing only if they are in place prior to the effective date of this ordinance; (3) The location and dimensions of the proposed structures and any new impervious area or alteration; (4) Construction of between 1,201 and 10,000 square feet of impervious area on a single lot meeting the requirements of 166.02, including building additions, shall require additional reviews which may include, but is not limited to, grading and/or drainage review by engineering and tree preservation review urban forestry. (Reference §169.03, §166.02) (5) The location and dimensions of the proposed Green Stormwater Practices (GSPs) and / or Mitigation Measures, as described in the current Drainage Criteria Manual. (6) The application shall include such other information as lawfully may be required by the Zoning and Development Administrator, including: (a) Existing or proposed structures, alterations and impervious areas; (b) Existing or proposed uses of the building and land; (c) The number of families, housekeeping units, or rental units the building is designed to accommodate; (d) Conditions existing on the lot; and (e) Such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter. Repeal and Replace § 166.20(A) with the following: (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land (grading) / storm water, drainage, and erosion control (drainage) permit; (7) Tree preservation plans; and (8) Floodplain development permits. Exhibit D Reseal and Replace & 167.04(A)(11) with the followin "(11) Building Permits. Tree preservation requirements apply to all permit applications for developments of greater than 6,000 square feet of impervious area. An abbreviated tree preservation plan, asset forth in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision or large scale development process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved." Reseal and Replace & 167.04(A)(121 with the followin "(12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree preservation plan or review from Urban Forestry. a. Persons seeking to construct 6,000 square feet or less of impervious area are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply. b. Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in an enlargement of the building footprint or roof dripline shall not require an abbreviated tree preservation plan." Repeal and Replace § 167.04(H)(3) with the following: (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between 6,001 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, Subdivision Committee and Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. Exhibit E Repeal and Replace § 168.01(A) with the following: (A) The purpose of this Chapter is to promote the public health, safety and general welfare, to prevent adverse impacts from any floodplain development activities, and to minimize public and private losses due to flooding events in identified special flood hazard areas. This flood damage prevention code advances the stated purpose through provisions designed to: (1) Protect human life and health; (2) Protect natural floodplains against unwise development; (3) Eliminate adverse impacts of necessary floodplain development; (4) Protect, restore and maintain the chemical, physical, and biological integrity of the water resources; (5) Reduce pollutants in surface waters by filtering, settling, and transforming pollutants in runoff; (6) Stabilize the banks of streams to reduce erosion and the downstream transport of sediment and nutrients; (7) Maintain tree canopy to shade streams, reduce water temperatures, promote desirable aquatic organisms resulting in ecological integrity with improved fishing, greater scenic value and recreational opportunity; (8) Minimize expenditure of public monies on flood control projects; (9) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (10) Minimize prolonged business interruptions due to flooding events; (11) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in Special Flood Hazard Areas; (12) Minimize future flood blight areas to help maintain a stable tax base; (13) Provide for notice to potential buyers when property is in a special flood hazard area; (14) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Repeal and Replace § 168.02 — Definitions with the following: 168.02 - Definitions See Section 151.01; additional definitions for floodplain management can be found at 44 CFR §59.1. Repeal and Replace § 168.05 — Administration with the following: 168.05 - Administration (A) Designation of the Floodplain Administrator. The Mayor, or his/her designee, is hereby appointed to act as the Floodplain Administrator. (B) Duties and Responsibilities of the Floodplain Administrator. It is the duty and responsibility of the Floodplain Administrator or his/her designee to: (1) Obtain accreditation each year as required by A.C.A. §14-268-106 through the state coordinating agency. (2) Administer and implement the provisions of this Code and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) as they pertain to floodplain management (3) Review applications for floodplain development permits to: (a) Evaluate proposed projects for reasonable safety from flooding; (b) Ensure that all other permits necessary (including Section 404 Wetlands Permits as required by the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) for proposed projects are obtained from the appropriate government agency prior to issuing a floodplain development permit; and (c) Ensure that proposed projects conform to the applicable provisions of this Code. (4) Approve or deny applications for floodplain development permits on the basis of: (a) The proposed development's compliance or non-compliance with the provisions of this Code; (b) The expected flood elevation, flood water velocity, flood duration, rate of rise and sediment transport of the floodwaters expected at the proposed development site; (c) The proposed development's potential to adversely impact life and property by changing flooding patterns, changing erosion rates, or being swept onto other lands by flood waters; (d) The proposed development's susceptibility to flood damage; (e) The proposed development's accessibility by ordinary and emergency vehicles during flooding events; (5) Interpret the exact location of the boundaries of special flood hazard areas whenever a mapped boundary appears to be different from actual field conditions. (The sole purpose of this interpretation is to determinate the applicability of the provisions of this Code to the proposed project.) (6) Notify adjacent communities and the state coordinating agency a minimum of sixty (60) days prior to any alteration or relocation of a watercourse and submit evidence of all such notifications to FEMA. (7) Ensure that the flood carrying capacity within an altered or relocated portion of a watercourse is not diminished, and that the alteration or relocation does not adversely impact any other lands. (8) Obtain, review and reasonably utilize, whenever the current Flood Insurance Study or current Flood Insurance Rate Map does not provide base flood elevation data, any base flood elevation data and floodway data available from any federal, state or other source. The Floodplain Administrator may obtain such data by requiring the applicant to submit it in conjunction with a floodplain development permit application. (The sole use of this data is the administration of the provisions of this Code.) (9) Inspect floodplain developments as necessary to ensure construction is in accordance with the application data that formed the basis for the decision to issue the floodplain development permit. (10) Issue certificates of compliance where applicable. (11) Maintain all records and documents pertaining to this Code for public inspection. Repeal and Replace 4 168.06 — Establishment of Development Permit with the following: 168.06 - Establishment of Floodplain Development Permit A floodplain development permit is required for any proposed change to improved or unimproved real estate in a special flood hazard area for the purposes of ensuring compliance with the provisions of this Code and Title 44 Emergency Management and Assistance of the Code of Federal Register. Under 44 CFR Ch. I, Subchapter B, Subpart A —General §59.1 Definitions, this includes any development, or man-made change, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Repeal and Replace § 168.07 — Permit Procedures with the following: 168.07 - Permit Procedures (A) Application for a floodplain development permit shall be presented to the Floodplain Administrator electronically and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. (B) The documentation required with each application for a floodplain development permit, and the specific provisions of this Code applicable to the proposed development, are dependent upon the type of development proposed and the risk zone of the proposed development site. §168.10(A) contains standards for all developments in all risk zones. §168.11 contains standards for specific development types in specific risk zones. (C) The decision of the Floodplain Administrator to approve or deny issuance of a floodplain development permit is subject to appeal to the designated Appeal Board. Within Fayetteville, Arkansas the designated Appeal Board is the City Council. Repeal and Replace 4168.10 — Provisions for Flood Hazard Reduction with the following: 168.10 - Provisions for Flood Hazard Reduction General Standards. The following standards apply to all developments in special flood hazard areas, regardless of the type of proposed development or the risk zone of the proposed site. (A) All new and substantial construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (B) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (C) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (D) All critical facilities constructed or substantially improved in special flood hazard areas (SFHA) must be constructed or modified to exceed five hundred (500) year flood protection standards or located outside the SFHA. (E) The placement or construction of all new structures must be in full compliance with the provisions of this Code. (F) For the purposes of this Code, all mixed -use structures are subject to the more stringent requirements of residential structures. (G) A substantial improvement or substantial damage to an existing structure triggers a requirement to bring the entire structure into full compliance with the provisions of this Code. The existing structure, as well as any reconstruction, rehabilitation, addition, or other improvement, must meet the standards of new construction in this Code. (H) Any improvement to an existing structure that is less than a substantial improvement requires the improvement, but not the existing structure, to be in full compliance with the provisions of this Code. (1) All manufactured homes to be placed within a special flood hazard area on a community's FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Screw augers or expanding anchors will not satisfy the requirement of this provision. (J) The design or location of electrical, heating, ventilation, plumbing, and air conditioning equipment for new structures, or for any improvements to an existing structure, must prevent water from entering or accumulating within the components during base flood events by meeting the same freeboard or floodproofing requirements of the structure they serve. (K) The design of all new and replacement water supply systems must minimize or eliminate infiltration of floodwaters into the system during base flood events. (L) The design of all new and replacement sanitary sewage systems must minimize or eliminate infiltration of floodwaters into the system during flooding events and must prevent sewage discharge from the systems into floodwaters. (M) The placement of on -site waste disposal systems must avoid impairment to, or contamination from, the disposal system during base flood events. (N) Construction of basement foundations in any special flood hazard area is prohibited. (0) New construction and substantial improvements, with fully enclosed areas (such as garages and crawlspaces) below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are below the base flood elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 1. A minimum of two (2) openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. 2. The bottom of all openings shall be no higher than 1 foot above grade. lUU sq. Inches total 3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (P) The placement of recreational vehicles (RV) in special flood hazard areas must either: 1. Be temporary, as demonstrated by the RV being fully licensed, being on wheels or a jacking system, attached to the site only by quick disconnect type utilities and security devices, having no permanently attached additions, and being immobile for no more than one hundred eighty (180) consecutive days; or else 2. Meet all provisions of this Code applicable to manufactured home structures. (Q) All proposals for the development of a residential subdivision, commercial business park or manufactured home park/subdivision must have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (R) All proposals for the development of a residential subdivision, commercial business park or a manufactured home park/subdivision must include an adequate drainage plan to reduce exposure to flood hazards. (S) All proposals for the development of a commercial business park or a manufactured home park/subdivision must include an adequate evacuation plan for the escape of citizens from affected nonresidential structures during flooding events. (T) Standards for Subdivisions: Applications for preliminary, final, and/or concurrent plat approval shall: Identify the special flood hazards areas, including delineation of floodways and the elevation of the base flood. 2. All final plats shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be verified by a registered professional engineer, or surveyor, and provided to the Floodplain Administrator. 3. To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing man-made drainage ways within subdivisions to avoid the creation of lots that can be built upon in only by altering such drainage ways. (See illustration: Figure 3). i L.D. Ho zgrd A— ,n, t To -1—, Tn F'.—A Hp Ca (1"' Any lot platted so that a portion of the lot lies in a special flood hazard area shall contain a minimum of 6,000 square feet of buildable area, including setbacks, outside the special flood hazard area, or if it contains less than 6,000 square feet of buildable area, it shall be platted to contain a minimum of one (1) acre. Any lot platted so that the entire lot lies in a special flood hazard area shall contain a minimum of 1 acre. (See illustration: Figure 4) 4. For subdivisions partially located in special flood hazard areas, minimum lot area requirements may be waived by the director to allow the platting of lots to be clustered outside the special flood hazard area, the density permitted for the zoning district to be averaged over the entire parcel, provided a permanent conservation easement is granted to the city, a land trust, or the property owners association to ensure that the area of special flood hazard will remain undeveloped. 5. In any area that is located outside a special flood hazard area, but where a stream is located, no building or fill may be located within a distance of the stream bank equal to two and one-half (2'/2) the width of the stream measured from top of bank to top of bank, or 25 feet on each side, whichever is greater. 6. In all areas designated as a Zone A on the FIRM where a detailed study has not been completed to specify the floodway and base flood elevations, no development shall be located within the Zone A area. (i) Provided, the applicant may choose, if not required by other provisions of this chapter, to provide a detailed hydrologic and hydraulic study which delineates the floodway, one hundred (100) year floodplain boundary, and base flood elevations. At such time as a study is approved by FEMA, the applicant shall meet all requirements for areas designated with floodway, one hundred (100) year floodplain, and base flood elevations. (ii) If, for some reason, the property owner believes the FIRM to be inaccurate, a letter of map amendment may be submitted to FEMA by the applicant. If the boundaries of the floodplain are approved and amended by FEMA, setbacks will be enforced pursuant to the amendment. (U) Any new construction, addition or other development may be approved in a special flood hazard area only if: 1. The applicant has provided a detailed hydrologic and hydraulic study performed by a professional engineer licensed in the state of Arkansas which delineates the floodway, 1 % annual chance (100-year) floodplain boundary, and base flood elevations and demonstrates through a hydrologic and hydraulic analysis, that the development will not increase flood flows (0.0 cubic feet per second), flood heights (0.00 feet) or flood velocities (0.0 feet per second) on the subject property or any property upstream or downstream, and 2. The proposed development does not increase flood damage to off -site properties during the occurrence of the regulatory flood (1 % Annual Chance/100-year) or any flood of more frequent occurrence, and 3. The proposed development provides compensatory storage for any measurable loss of flood storage capacity. (V) Any structure, including but not limited to new structures, additions and substantial improvement, constructed on property fully or partially within the special flood hazard area (SFHA) shall meet the elevation or floodproofing requirements within 168.11 as applicable, even if the structure itself is located outside the SFHA. Repeal and Replace 4 168.11 — Risk Zone Specific Standards with the following: 168.11 - Risk Zone Specific Standards In addition to the general standards, the following standards apply to specific development types in specific Risk Zones, except as revised in Section E of this Article. Risk Zones listed in this Code that do not appear on the current FIRM are not applicable. (A) In AE risk zones: special flood hazard areas with base floods determined: (1) For residential structures in Zone AE: (a) For all new residential structures, the top surface of the lowest floor and any mechanical equipment must have an elevation 2 feet or more above the published BFE. This elevation must be documented on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures, the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (2) For nonresidential structures in Zone AE: (a) All new commercial, industrial or other nonresidential structures must either: (i) Have the lowest floor (including basement) and any mechanical equipment elevated 2 feet or more above the base flood level; or (ii) Be floodproofed such that, together with attendant utility, sanitary facilities and mechanical equipment, be designed so that below an elevation of 3 feet above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (iii) A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify on a floodproofing certificate that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (3) For manufactured homes in Zone AE: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision; (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated 2 feet or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11(A)(3)(a) of this section be elevated so that either: (i) The lowest floor of the manufactured home and any mechanical equipment is 2 feet or more above the base flood elevation; or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (iii) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. (iv) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (c) Where FEMA has not established a regulatory floodway in Zone AE, no floodplain development permit may be issued unless a detailed engineering analysis is submitted along with the application that demonstrates the increase in base floodwater elevation due to the proposed development and all cumulative developments since the publication of the current FIRM will be less than 1 foot. (B) F000dways - High Risk Areas of Stream Channel and Adjacent Floodplain: (1) Developments in regulatory floodways are prohibited, unless: (a) A no -rise certificate, signed and stamped by a professional engineer licensed to practice in the State of Arkansas, is submitted to demonstrate through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed development would not result in any increase in flood levels within the community during the occurrence of a base flood event; or (b) All requirements of 44 CFR §65.12 are first met. (2) No manufactured home may be placed in a regulatory floodway, regardless of elevation height, anchoring methods, or no -rise certification. (C) In AH or AO Risk Zones - Special flood hazard areas of shallow flooding: (1) For residential structures in Zones AH or AO: (a) All new residential structures must be constructed with the top surface of the lowest floor and any mechanical equipment elevated 2 feet or more above the published BFE, or 2 feet above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM. This elevation must be documented on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (2) For nonresidential structures in Zones AH or AO: (a) All new commercial, industrial or other nonresidential structure must either: (i) Have the top surface of the lowest floor and any mechanical equipment elevated 2 feet or more above the published BFE, or 2 feet or more above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM, with documentation on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas; or (ii) Be floodproofed such that the structure, together with attendant utility, sanitary facilities and mechanical equipment be designed so that below 3 feet or more above the published BFE in Zone AH, or 3 feet or more above the base specified flood depth in an AO Zone, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (3) For manufactured homes in Zones AH or AO: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation along with any mechanical equipment such that the lowest floor of the manufactured home is elevated 2 feet or more above the published BFE, or 2 feet or more above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11 (C)(3)(a) of this section be elevated so that either: (i) The lowest floor of the manufactured home meets the elevation standard of §168.11 (C)(3)(a)(iv); or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. (d) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (4) Where FEMA has not established a regulatory floodway in Zones AH or AO, no floodplain development permit may be issued unless a detailed engineering analysis is submitted along with the application that demonstrates the increase in base floodwater elevation due to the proposed development and all cumulative developments since the publication of the current FIRM will be less than 1 foot. (5) Require adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. (D) In "A" risk zones - Special flood hazard areas with no base flood elevations determined: (1) In Zone A, the applicant or the applicant's agent must determine a base flood elevation prior to construction. The BFE will be based on a source or method approved by the local Floodplain Administrator. (2) For residential structures in Zone A: (a) For all new residential structures, the top surface of the lowest floor and any mechanical equipment must have an elevation 2 feet or more above the BFE. This elevation must be documented on an Elevation Certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures, the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (3) For nonresidential structures in Zone A: (a) All new commercial, industrial or other nonresidential structures must either: (i) Have the lowest floor (including basement) and any mechanical equipment elevated 2 feet or more above the base flood level; or (ii) Be floodproofed such that, together with attendant utility, sanitary facilities and mechanical equipment, be designed so that below an elevation of 3 feet above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (iii) A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify on a floodproofing certificate that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (4) For manufactured homes in Zone A: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision; (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home and any mechanical equipment is elevated 2 feet or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11(D)(4)(a) of this section be elevated so that either: (i) The lowest floor of the manufactured home is 2 feet or more above the base flood elevation; or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. S��i� 6usrnrnt P�rlR a Colunnr ft1C1f1n[P—.. Bmr R.1...tler ilootl Eirre S:a.. C,r non Godr Eirre lon (d) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (5) Base flood elevation data and a regulatory floodway, utilizing accepted engineering practices, shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than fifty (50) lots or 5 acres, whichever is lesser, if not otherwise provided. Repeal and Replace § 168.12 — Streamside Protection Zones with the following: 168.12 - Streamside Protection Zones (A) Streamside Best Management Practices Manual. The City of Fayetteville's Streamside Best Management Practices Manual, which may be administratively changed by the City Engineer, shall be used in support of this chapter to explain specific objectives and principles. (B) Applicability. This ordinance shall apply to all land within the streamside protection zones. (C) Establishment of Designated Surface Waters. The streamside protection zones shall apply to all surface waters meeting any one of the following criteria: (1) All surface waters identified on the adopted Protected Streams Map (which may be administratively amended by the City Engineer to reflect applicable surface waters within annexed areas), including any pond, lake or reservoir located within the natural drainage way of said surface water; or (2) Any surface water where a floodway has been established by the Federal Emergency Management Agency (FEMA). (3) Surface waters that would have otherwise been protected, but were outside the City Limits when Ordinance No. 5390 was adopted on March 1, 2011, shall be automatically included as designated surface waters within the requirements of §168.12 Streamside Protection Zones upon the annexation into Fayetteville of the property on which the surface waters are located (D) Streamside Protection Requirements. The streamside protection zones shall be established as follows: (1) Zone 1: Waterside Zone. The waterside zone shall extend a minimum of 25 feet landward from the top of bank in each direction, measured horizontally on a line perpendicular to the top of bank and includes the surface water. (a) Steep Slope. Slope shall be calculated at the upstream and downstream property lines for every property. Properties with more than 100 feet of stream frontage shall require additional slope calculations at 100-foot increments, beginning at the upstream property line and ending at the downstream property line. When slope calculations are equal to or greater than 15%, the width of the waterside zone shall be extended by an additional 20 feet at that point. The boundary width determined at each designated slope measurement point shall be connected by a continuous line to form the boundary of the waterside zone (illustrations available in the Best Management Practices Manual). (2) Zone 2: Management Zone. The management zone shall begin at the outer edge of the Waterside Zone and extend landward 25 feet as measured horizontally on a line perpendicular to Zone 1. The combined width of Zones 1 and 2 shall be no less than 50 feet from the top of bank on all sides of the surface water. (a) Floodway. Where the floodway extends beyond the edge of the management zone boundary, said boundary shall be adjusted so that the zone consists of the extent of the floodway as designated by the most recently adopted FEMA Flood Insurance Rate Map (FIRM). (3) Piped Streams. When reviewing any development, grading or building permit application, the City Engineer may determine that normal streamside protection regulations shall not be applicable to that portion of a stream that has been piped or enclosed within a culvert or similar conduit prior to the adoption of this ordinance. (4) Daylighting. Streams enclosed prior to the effective date of this ordinance and subsequently daylighted shall only require a 5-foot setback measured from the established top of bank. Daylighted streams shall be maintained in a natural state by the property owner, who shall also be responsible for monitoring and controlling trash, litter and pollutants. (E) Regulated Uses, Structures and Activities Within the Streamside Protection Zones (1) The following are permitted within the designated streamside zone, subject to the requirements of this section, the Flood Damage Prevention Code, and all applicable requirements of the City of Fayetteville. Where a use is not listed, but is similar to a permitted use and is in keeping with the purpose of the streamside protection zones, the City Engineer may determine the use to be allowed. All other uses shall be prohibited. (a) Zone 1: Waterside Zone. The following may be permitted in the waterside zone, provided the standards of the Streamside Best Management Practices Manual shall be followed where applicable and that these uses and any necessary construction is designed and built to minimize the impact upon streamside areas and minimize any excavation or filling that will only be allowed by express authorization of the City Engineer. All construction, grading, excavation or filling must also fully comply with all necessary local, state and federal permits. (i) Open space uses that are primarily passive in character including: preserves, fishing areas and docks, parkland, and natural trails. (ii) Streambank restoration or stabilization. (iii) Water quality monitoring, education and scientific studies. (iv) Revegetation and reforestation. (v) Dam maintenance. (vi) Paved trails or other impervious surfaces not exceeding 12 feet in width when the City Engineer determines that there is no practical and feasible alternative. Such area may not be used to park vehicles. (vii) Stream crossings, including driveways, roadways, trails, or railroads when the City Engineer determines there is no practical and feasible alternative. (viii) Maintenance and upgrades of existing utility facilities. (ix) New utility facilities when the City Engineer determines there is no practical and feasible alternative. (x) Management of lawns and gardens. (xi) Removal of dead vegetation, pruning for reasons of public safety, removal of invasive species. (xii) Application of any fertilizer, herbicide, pesticide, or insecticide shall be allowed only if their harmful effect on water quality is prevented by ensuring no over -application or misapplication occurs. (xiii) Maintenance of drainage capacity in the channel including tree and sediment removal. (xiv) New stormwater conveyances when the City Engineer determines that there is no practical and feasible alternative. (b) Zone 2: Management Zone. (i) New stormwater conveyances when the City Engineer determines that there is no practical and feasible alternative and provided the standards of the Streamside Best Management Practices Manual shall be followed. (ii) All uses within the waterside zone with the exception of stormwater conveyances, provided that compliance with the standards of the Streamside Best Management Practices Manual are not required but encouraged. (iii) Accessory structures without a foundation and no larger than 150 square feet, including storage sheds, playground equipment, gazebos, decks, etc. (iv) Active recreational uses. (2) Establishment of the following uses/activities after the effective date of this ordinance shall be prohibited in both streamside protection zones, except where necessary to allow an activity permitted by Section (E)(1). (a) Grading, dredging, dumping, filling, or similar construction activities. (b) Landfills, junkyards, salvage yards. (c) Clearing of non-invasive woody vegetation. (d) Storage of hazardous materials or chemicals unless within waterproof containers and within a structure. (e) Parking lots. (f) Buildings and accessory structures with a building footprint larger than 150 square feet. (g) Parking or storage of motor vehicles. (h) Septic systems and/or lateral lines. (i) In -ground pools. 0) Animal feedlots or kennels. (k) Housing, grazing or other maintenance of livestock. (1) Land application of biosolids. (F) Existing Land Use Exemptions. The following activities and structures are allowed to continue within the streamside protection zones, provided that the provisions of the Flood Damage Prevention Code and all other applicable regulations shall be enforced. (1) Existing Uses. Existing uses shall be permitted to continue in their present state, but may not be enlarged, extended, or moved within the streamside protection zones. A use or activity shall be existing if it is present and ongoing within the streamside protection zones as of the effective date of this ordinance or the effective date of annexation for areas outside the City Limits when Ordinance No. 5390 was adopted on March 1, 2011. Uses and activities cease to be existing under the following conditions: (a) Agricultural and Animal Husbandry Activities. The activities cease to be existing when the area on which they were conducted has been converted to a nonagricultural use or has lain idle for more than eighteen (18) consecutive months. (b) All Other Uses. This ordinance shall apply when an existing use is converted to another use. (2) Existing Principal Structures. (a) Reconstruction Within Existing Footprint. Existing principal structures as of the effective date of this ordinance may be redeveloped or reconstructed within the same footprint. (b) Minor Alterations. Minor alterations or additions to an existing structure, such as an awning or deck, shall also be permitted, provided the modifications do not extend more than 10 feet further toward the surface water than the original foundation of the principal structure, and do not extend into the waterside zone. (c) Berm to Prevent Flooding. If a principal structure has suffered flooding from a stream, the owner may construct a berm to protect the principal structure if approved by the City Engineer as to the berm's location, size and composition. Revegetation of the disturbed area and berm shall be in accordance with the Best Management Practices Manual. (3) Emergencies. Actions taken under emergency conditions, either to prevent imminent harm or danger to persons, or to protect property from imminent danger of fire, violent storms, or other hazards. (G) Development Application Procedures. (1) All persons required to submit an application pursuant to Chapter 166 of the City's Unified Development Code shall also show the location and type of surface water, the top of bank, Zone 1: Waterside Zone and Zone 2: Management Zone boundaries, and slope, when any portion of the property being developed falls within the streamside protection zones. The same shall also be identified for building, moving, demolition and grading permits. (2) An applicant may request that the city's Floodplain Administrator perform a site visit to view conditions on site with the applicant to assist in making a determination of top of bank location and widths of the waterside zone and management zone. (3) A final determination of any boundary shall be made by the City Engineer or designated representative, where there is question as to its location or width. (H) Streamside Protection Measures and Construction. (1) Prior to any land clearing or soil disturbing activity, the streamside protection zone boundaries shall be clearly delineated on site by the applicant, and such delineation shall be maintained throughout construction activities. (2) A site inspection followed by periodic inspections during construction will be conducted by the City Engineer or designated representative to ensure compliance with the streamside protection zone ordinance. (3) Streamside protection zones shall be protected from construction activity except where necessary to allow an activity permitted by Section (E)(1). To prevent impacts, construction vehicle access is prohibited in the streamside protection zones except at permitted crossings. Storage of construction vehicles, materials, debris, spoils or equipment is prohibited in the streamside protection zones. Before commencing any construction activity, the applicant shall install silt fencing on the site at the outer edge of the management zone or as directed by the City Engineer. The City Engineer may require other protective measures based upon the individual characteristics of the site and the proposed construction methods. If the required barriers surrounding the streamside protection zones are not adequately maintained during construction, the City Engineer shall prescribe remedial measures, and may issue a stop work order in accordance with §153.07. All remedial measures shall be completed within the specified amount of time and shall be considered prior to granting final plat approval or issuing a certificate of occupancy. Exhibit F Repeal and Replace § 169.03 —Permits Required/Exceptions with the following: 169.03 — Review and/or Permits Required; Exceptions (A) Grading Review Required. (Reference §166.02(E)) (1) When located within the Hillside/Hilltop Overlay District boundaries. 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 (2) Construction of greater than 1,200 square feet of impervious area on a single site; (B) Grading 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) Construction of new impervious area greater than 10,000 SF (3) A grading permit pursuant to this chapter; and (4) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law. (C) Exceptions to Permit Requirements. Grading permits are not required for the following however the Minimum Erosion Control Requirements in §169.04 still apply: (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) Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require the use of heavy construction equipment, French Drains, yard grading, maintenance, farming, gardens, and similar activities. (D) Grading Permit Application and Approval. No grading permit shall be issued until the Grading and Erosion & Sediment Control Plan, endorsed by an architect, 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. (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. Repeal and Replace § 169.04 Minimum Erosion Control Requirements with the following: 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. (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. Grading activities will meet the Streamside Protection Requirements found in Section 168.12 - Streamside Protection Zones. Fording of streams with construction equipment or other activities which destabilize stream banks shall not be permitted. In instances where streams are not protected under 168.12, 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. Repeal and Replace § 169.06(F)(2) Phased Construction in § 169.06 Land Alteration Requirements with the following: (2) Phased Construction. The area of disturbance onsite at any one time shall be limited to 10 acres. An additional 10 acres (a maximum of 20 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. Repeal and Replace § 169.07 — Grading Plan Specifications with the following: 169.07 - Grading Plan Specifications (A) Grading Plan. The applicant shall prepare a grading plan for all developments of greater than 6,001 square feet of impervious area as follows: (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 all impervious areas, including but not limited to buildings, streets and parking lots, shall be indicated as well as parks, playgrounds or green space. Any existing or proposed building within 100 feet of the site boundary shall be indicated. (9) Natural Features. Location of natural features such as drainage ways, ponds, rock outcroppings, wetlands 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, temporary disturbed area and permanent impervious 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. (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. Exhibit G Enact New 4 169.14 — Stormwater Discharges from Construction Activities as follows: 169.14 - Stormwater Discharges from Construction Activities (A) Purpose. The purpose of this section is to provide for the reduction of pollutants to the City's MS4 as required by its National Pollutant Discharge Elimination System (NPDES) permit. (B) General Requirements for Construction Sites. (1) Construction Site. A construction site is a site with activity that would result in the creation of a new stormwater management system, including the building, assembling, expansion, modification, or alteration of the existing contours of the property; the erection of buildings or other structures, any part thereof; or land clearing. (2) Owner Responsibility. The owner of a site of construction activity shall be responsible for compliance with the requirements of this chapter. (3) Erosion and Sediment Control. Best Management Practices (BMPs) shall be implemented to prevent the release of airborne dust and waterborne sediment from construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed, and construction site entrances/exits shall be managed to prevent sediment tracking. Streets and storm inlets must be kept clean at all times and free of loose rock, mud, debris and trash. Specific inlet protection measures may be necessary, as long as they do not interfere with vehicular traffic. Mud on streets must be physically removed and not washed into inlets. (4)Debris, Mud, and Soil in Public Streets. All necessary modifications to stormwater best management practices should be immediately implemented in order to prevent further track -out. 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. (a)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. (b)Use of a power broom or mechanical sweeper on a regular basis is not allowed as an acceptable BMP for keeping Debris, Mud and Soil off Public Streets unless equipped with water and vacuum capabilities. (5) Construction Sites Requiring Storm Water Pollution Prevention Plans. Erosion and sediment control systems must be installed and maintained per a state approved Storm Water Pollution Prevention Plan (SWPPP) before the beginning of construction and until slope stabilization and/or vegetation is established. For sites between 1 and 5 acres, the SWPPP and Notice of Coverage (NOC) must be onsite at all times. For sites over 5 acres, the SWPPP and NOC must be onsite at all times. The site owner bears responsibility in accordance with the Arkansas Department of Environmental Quality standards and general permit. (6) Construction Exits. A stabilized rock exit is required on construction sites. If track out becomes an issue, the City may also require tire wash down areas or other measures to prevent track out. (7) Concrete Truck Wash Areas. No washing of concrete trucks or chutes is allowed except in properly located and constructed concrete wash pits. Proper runoff and erosion controls must be in place to retain all concrete wash water. (8) Dewatering. All rainwater pumped out of sumps and depressions on construction sites should be clear and free of sediment. BMPs such as dewatering bags and dewatering into vegetated areas shall be utilized at all times. (9) Storage of Materials. Public streets and sidewalks shall not be used for temporary storage of any containers or construction materials, especially loose gravel and topsoil. In addition to on -street storage being a violation of this chapter, all liability for any accidents and/or damages due to such storage will be the responsibility of the owner of the stored materials. (10) Dirt and Topsoil Storage. All storage piles of soil, dirt or other building materials (e.g. sand) shall be located more than 25 feet from a roadway, drainage channel or stream (from top of bank), wetland, and stormwater facility. Topsoil piles surfaces must be immediately stabilized with appropriate stabilization measures. (11) Franchise and Private Utilities. The property owner or main contractor onsite will be responsible for restoring all erosion and sediment control systems and public infrastructure damaged or disturbed by underground private or franchise utility construction such as water and sewer service leads, telephone, gas, cable, etc. Erosion and sediment control systems must be immediately restored after each utility construction. (12) The landscape of erosion control features shall be maintained until completion of construction. Exhibit H Repeal and Replace Chapter 170 -Stormwater Management, Drainage and Erosion Control with the following: CHAPTER 170 — STORMWATER MANAGEMENT AND DRAINAGE 170.01 - Intent (A) Intent. It is the intent of this chapter to protect, maintain, and enhance the health, safety, and general welfare of the citizens of the City of Fayetteville by: (1) Preventing increases in the magnitude and frequency of stormwater runoff to prevent increases in flood flows and associated hazards and costs. (2) Controlling soil erosion and sedimentation to minimize soil deposition in streams and other receiving water bodies and storm drainage systems. (3) Requiring surface and stormwater management practices that comply with requirements of this chapter. (4) Promoting the development of stormwater facilities that are aesthetically desirable. (B) Findings of Fact. The City Council finds that uncontrolled stormwater runoff from developed land adversely affects the public health, safety, and welfare because: (1) Impervious Surfaces/Runoff. Impervious surfaces increase the quantity and velocity of surface runoff, which reduces percolation of water through soil and increases erosion and flooding. (2) Collection and Conveyance of Stormwater. Improper stormwater collection and conveyance adversely affects property and increases the incidence and severity of flooding, which can endanger property and human life. (3) Erosion. Increased erosion leads to sedimentation in stormwater management systems, which decreases the system's capacity (4) Future Problems. Many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices. (5) Limited Jurisdiction. As a non-traditional, or regulated, MS4, the University of Arkansas' Fayetteville campus is permitted by ADEQ to administer its own stormwater management program upstream and physically inter connected to the City's MS4. 170.02 - Adoption of Drainage Criteria Manual The City Council hereby adopts by reference the Drainage Criteria Manual, prepared for the City of Fayetteville, and adopted by Ordinance No. 5702 of the City of Fayetteville, and as may be amended from time to time by the City Engineer. All technical procedures and design standards contained therein shall have the same force and effect as if printed word for word in this chapter. 170.03 - Permits Required (A) Applicability. This chapter shall apply to all land within the corporate limits of the City of Fayetteville. No person may subdivide and develop, change to a more intensive land use, construct or reconstruct a structure, or change the size of a structure, or conduct grading, clearing, or filling activities without first obtaining a stormwater management, drainage and erosion control permit (hereinafter referred to as a "drainage permit") from the city, except as specified in §170.03 (C) and §170.03 (D) below. (B) Permit Application. Any application for a drainage permit shall be submitted to the City Engineer using appropriate forms as provided by the city for review, processing, and approval. The drainage permit application shall be submitted as part of the application for a grading permit, if such grading permit is required by §169.03. A permit application shall contain sufficient information and plans to allow the City Engineer to determine whether the project complies with the requirements of this chapter. The specific items to be submitted for a permit application shall be in the form and follow the procedures as described in the Drainage Criteria Manual, Section 1.4, Drainage Report Template and Checklist. The City Engineer shall make the final determination regarding detention. (1) Fee. A nonrefundable permit application fee shall be paid when the application is submitted to help cover the cost of the plan review, administration and management of the permitting process and inspection of project implementation and operation (separate from the Physical Alteration of Land fee). (2) Issuance. If the City Engineer determines that the permit application submittal is in compliance with all provisions of this chapter, a permit may be issued. If the City Engineer determines that the permit submittal does not conform with all provisions of this chapter, permit issuance may be denied and a written statement as to the reasons for the denial shall be provided to the applicant. (C) Project not Requiring Detention. Any project that requires a drainage permit that does not require detention must submit documentation to this effect to the City Engineer. After review and approval of the City Engineer, a grading permit may be issued prior to issuance of the drainage permit. (D) Any grading permit and/or drainage permit issued shall be subject to the following: (1) Insufficient or Incomplete Drainage Permit Application. If the drainage permit application, including the required calculations, is determined by the City Engineer to be insufficient or incomplete, it shall be revised and resubmitted by the applicant within four (4) weeks of receipt of written notice of insufficiency or incompleteness. (2) Deadline for the Revised Application or Insufficient or Incomplete Revisions. If a revised application is not submitted within four (4) weeks of receipt by applicant of the written notice of insufficiency or incompleteness a stop work order for all grading on the project shall be issued by the City Engineer. A stop work order for all grading on the project shall be issued by the City Engineer if the revised application is determined by the City Engineer to be still insufficient or incomplete. However, the City Engineer may delay issuance of the stop work order if the City Engineer determines that the applicant has demonstrated prior to the deadline that circumstances not reasonably foreseeable and beyond the applicant's reasonable control prevented his timely resubmission of a sufficient and complete revised drainage permit application. (3) Stabilization and Revegetation After Stop Work Order. If a stop work order is issued pursuant to §170.03 (C) (2), the applicant shall stabilize and revegetate all graded and otherwise disturbed areas as set forth in the Drainage Criteria Manual. (4) Termination of Stop Work Order. Any stop work order issued pursuant to §170.03(C)(2) shall expire upon the issuance of a drainage permit and compliance with any conditions contained in the drainage permit. (E) Exceptions Where No Drainage Permit is Required. Drainage permits are not required for the following activities unless the Project is otherwise covered under this UDC or occurs upstream of a known public flooding problem: (1) New developments, redevelopments or additions that create less or equal to 10,000 square feet of new impervious area. See Section 170.09 for building permit submittal requirements. (2) Lots that are part of a Larger Development. One (1) project built on an individual lot that is part of a larger development that has been issued an approved drainage control permit when the proposed project is demonstrated to be in compliance with the overall drainage permit. (3) Existing Non-residential. Existing nonresidential structure where the additional impervious area is less than 10,000 square feet. See Section 170.09 for building permit submittal requirements. (4) Maintenance. Maintenance or clearing activity that does not change or affect the quality, rate, volume, or location of stormwater flows on the site, or runoff from the site. (5) Agriculture. Bona fide agricultural pursuits, for which a soil conservation plan has been approved by the local Soil and Water Conservation District. (6) Emergency. Action taken under emergency conditions, either to prevent imminent harm or danger to persons, or to protect property from imminent danger of fire, violent storms, or other hazards when determined to be necessary by the City Engineer. (F) Compliance with Chapter Provisions. Although a specific permit is not required for these particular circumstances, this exception does not exempt the owner/developer/builder from complying with the provisions of Chapter 169. Physical Alteration of Land. 170.04 — Off -Site Stormwater Management Improvements (A) Off -Site Improvements. If it is determined that offsite drainage improvements are required, and that such specific off - site drainage improvements are consistent with the city's current and established priorities, then cost sharing will be in accordance with "Required Off -site Improvements." If the city is unable, or unwilling, to contribute its share of the off -site costs, the developer shall have the option of: (1) Developer's Expense. Building the off -site improvements at their own expense; (2) Detention. Providing detention so as to match downstream capacities; or (3) Delay Project. Delaying the project until the city is able, or willing, to share in the off -site costs. 170.05 - Performance Criteria (A) Drainage Criteria Manual. The technical procedures and design standards contained in the Drainage Criteria Manual, adopted by §170.02 of this chapter and as may be amended from time to time by the City Engineer, shall be used to determine compliance with the performance criteria established by this chapter. (B) Performance Criteria. Except as otherwise provided in this chapter, a development must be designed, constructed, operated, and maintained to comply with the following stormwater sizing performance criteria. Each minimum standard is intended to be used in conjunction with the others to address the overall stormwater impacts from a development site. Supporting technical detail can be found in the Section 2.1 of the Drainage Criteria Manual (DCM): (1) Minimum Standard #1 - Water Quality. Reduce the average annual post -development total suspended solids (TSS) loadings from increased impervious areas either by TSS Reduction Method or the Runoff Reduction Method (RRM). (2) Minimum Standard #2 - Channel Protection. Provide extended detention to reduce flows and protect downstream channels from erosive velocities and unstable conditions. Post -development flows shall not exceed the predevelopment flows. (3) Minimum Standard #3 - Overbank Flood Protection. Provide peak discharge control of the storm events noted in the DCM such that the post -development peak rate does not exceed the predevelopment rate. (4) Minimum Standard #4 — Extreme Flood Protection. Provide peak discharge control such that the post - development peak rate does not exceed the predevelopment rate. (5) Better Site Design and Green Stormwater Practices, as described in the Drainage Criteria Manual, to attenuate lesser storms and more closely mimic predevelopment hydrology are encouraged. (6) Direct Discharge. Direct discharge of a pipe into streams and/or floodways is not allowed. A stilling basin or other structure that will collect sediment, trash, etc. and that will reduce the likelihood of erosion in the receiving stream due to discharge from the pipe shall be installed at pipe discharges into streams and/or floodways. (7) Erosion and Channel Stability. All stormwater management systems shall be evaluated based on their ability to prevent erosion and sedimentation of the receiving waters and adverse impacts on the site's natural systems. The design engineer shall consider the on -site and downstream effects of the peak discharges and shall design both the permanent and the construction phase of the stormwater management system in a manner that will not increase flooding, channel instability, or erosion downstream when considered in aggregate with other developed properties and downstream drainage capacities. 170.06 - Maintenance Responsibility (A) Dedication. Those stormwater management systems approved in compliance with this chapter that will function as a part of the stormwater management conveyance system shall be dedicated to the city. All areas and/or structures to be dedicated to the city must be accompanied by a drainage easement, dedicated by plat or separate instrument and accepted by the City Engineer. (B) Maintain Stormwater Systems and Structures. The owner of the property on which stormwater systems and structures have been installed shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices. (C) Right -of -Entry for Inspection. The owner shall provide for the City Engineer or designee to enter the property at reasonable times and in a reasonable manner for the purpose of inspecting stormwater systems and structures. (D) Failure to Maintain. If a responsible person fails or refuses to meet the maintenance requirements the city may give written notice requesting corrective action. If the conditions described in the failure to maintain notice are not corrected within ten (10) days after such notice is given, the Mayor, or his duly authorized representative, is hereby authorized to enter upon the property and do whatever is necessary to correct or remove the conditions described, in the notice. The costs of correcting said conditions shall be charged to the owner or owners of the property and the city shall have a lien against such property for such costs. (1) Enforcement of the Lien. The lien herein provided for may be enforced and collected in either one of the following manners: (a) The lien may be enforced at any time within eighteen (18) months after work has been done, by an action in circuit court; or (b) The amount of the lien herein provided may be determined at a hearing before the City Council held after thirty (30) days written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owner or owners be known, and if the name of the owner or owners cannot be determined, then only after publication of notice of such hearing in a newspaper having a bona fide circulation in Washington County for one insertion per week for four consecutive weeks; the determination of the City Council shall be subject to appeal by the property owner in circuit court; and the amount so determined at said hearing, plus 10% penalty for collection, shall be by the City Council certified to the tax collector of the county, and by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less 3% thereof, when so collected shall be paid to the city by the county tax collector. (c) In case the owner of any lot or other real property is unknown or his whereabouts is not known or he is a nonresident of this state, then a copy of the written notice hereinabove referred to shall be posted upon the premises and before any action to enforce such lien shall be had, the City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts or non -residence, and thereupon service of the publication as now provided for by law against nonresident defendants may be had, and an attorney ad litem may be appointed to notify the defendant by registered letter addressed to his last known place of residence if same can be found. (E) Removal and modification of Stormwater Systems and Structures. Stormwater systems and structures may only be modified or removed with the approval of the City Engineer, who shall determine whether the stormwater system or structure does not function as a part of the stormwater management system. The applicant may be required to provide supporting data and calculations that justify the removal of the stormwater systems or structures. 170.07 - Preliminary Plat, Lot Requirements (A) Preliminary Plats. Preliminary Plats shall include a master drainage plan for each lot related to the proposed infrastructure and adjacent lots. (B) Preliminary Plats for Residential Subdivisions. Preliminary Plats for residential subdivisions shall provide drainage information meeting the Arkansas Fire Prevention Code for building safety regulations for positive drainage of each lot. (1) 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. (2) 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. (C) Rear Lot Drainage Easements. Rear lot drainage easements for nonstructural grassed swales shall not overlap utility easements with above ground structures, i.e., electric transformers, gas meters, communication junctions, etc. (D) Final Plat. The final plat shall include the approved master drainage plan to be filed as a supplemental document. The scale shall be legible and approved by the City Engineer. 170.08 - Private Drainage Systems (A) Private Drainage Systems. (1) Private Drainage System Maintenance. A private drainage system includes groundwater, drainage pipes or channels, and any flowing or standing water not within a right-of-way or drainage easement. The owner of any private drainage system shall maintain the system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is not limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover, and removal of debris from pipes and structures. (2) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainage system is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site. (3) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall clean the pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this Code. Material shall not be swept or washed into the storm drainage system. This section does not apply to pollutants discharged from construction activities. (4) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor, uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery and equipment must be maintained to reduce leaking fluids. (5) Materials Storage. In addition to other requirements of this Code, materials shall be stored to prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of hazardous substances is prohibited. (6) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided. (7) Open Drainage Channel Maintenance. Every person owning or occupying property through which an open drainage channel passes shall prevent trash, debris, excessive vegetation, and other obstacles from their property from entering the drainage channel or obstructing flow. (B) Authorization to Adopt and Impose Best Management Practices. The city may adopt and impose a Drainage Criteria Manual and requirements identifying Best Management Practices for any private activity, operation, or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are required, every person undertaking such activity or operation, or owning or operating such facility shall implement and maintain these BMPs at their own expense. 170.09 — Illicit Discharge Detection and Elimination (A) Purpose. (1) The purpose of this section is to provide for the health, safety, and general welfare of the citizens of Fayetteville through the regulation of non -storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. (2) It establishes methods for controlling the introduction of pollutants into its municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. (3) The University of Arkansas, Fayetteville campus is a separate small MS4 NPDES permit holder and responsible for Illicit Discharge Detection and Elimination (IDDE) within its service area. (B) Prohibition of Illegal Discharges and Illicit Connections. (1) Illegal discharges are prohibited. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. Common stormwater contaminants include trash, yard waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste and sediment. (2) Illicit connections are prohibited. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) No person shall connect a line conveying sanitary sewage, domestic sewage or industrial waste, to the storm drainage system, or allow such a connection to continue. (C) Exemptions. The following non-stormwater discharges are acceptable and not a violation of this chapter provided that ADEQ has not determined and notified the City in writing that these sources are substantial contributors of pollutants: 1) uncontaminated waterline flushing; 2) landscape irrigation; 3) rising ground waters; 4) uncontaminated ground water infiltration (infiltration is defined as water other than wastewater that enters a sewer system, including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.); 5) uncontaminated pumped ground water; 6) discharges from potable water sources; 7) uncontaminated foundation drains; 8) uncontaminated air conditioning condensate; 9) irrigation water; 10) springs; 11) water from crawl space pumps; 12) uncontaminated footing drains; 13) lawn watering; 14) individual residential car washing; 15) flows from riparian habitats and wetlands; 16) dechlorinated swimming pool discharges; 17) uncontaminated street wash water; 18) discharges or flows from emergency firefighting activities; and 19) unless otherwise permitted or regulated by ADEQ, discharges of gray water from municipal splash pads (also known as spray ponds or spray grounds), as defined in Part 6.35 of this permit, provided the discharges comply with all applicable municipal or county ordinances enacted or pursuant to law. Discharges from recirculating systems shall be de -chlorinated prior to discharge. (D) Release Reporting and Cleanup. Any person responsible for a release of materials which are or may result in illicit discharges to the storm drainage system shall take all necessary steps to ensure the discovery, containment, abatement and cleanup of such release. In the event of such a release of a hazardous material, said person shall comply with all state, federal, and local laws requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release. Failure to address an illicit discharge will result in enforcement action per Chapter 153. 170.10-170.99 - Reserved � Study for Flood Management and Water Quality Funding _ City Counc May 25, 2021 sift il Agenda Session rw2 CITY OF FAYETTEVILLE ARKANSAS JWr LSSON® �X.➢a�[wi�ailf�m, �Vae Develop a flood resilient community consisting of sustainable development patterns, robust stormwater operation and maintenance and appropriate capital expenditures to reduce property damage and improve water quality CITY OF q0FAYETTEVILLE 2 ARKANSAS IN Background • Flood Management and Water Quality Study (2018-present) o Identified expectations of citizens and elected officials related to stormwater services o Identified existing weaknesses in city codes related to stormwater-focus of today's meeting CITY OF 19 FAYETTEVILLE 3 ARKANSAS Why do we need ordinance revisions? Much of this recent growth is characterized as "infill" which inherently occurs next to, and upstream of, existing homes and businesses. %t r Many of these infill developments are also exempt from the City's stormwater and tree preservation regulations under the current UDC. CITY OF FAYETTEVILLE ARKANS ARKANSAS 4 166,01 (B) (1) Lot Split Review Process •Gua arm M&ND S& mmsa _ I V CITY OF Wj% FAYETTEVILLE ARKANSAS I j 5 stormwate r control+ rnitiga ti 13n. Sizing Uiter;a Description 1, TSS Reduction Method - Provide water 4uaIity treatment for the runoff resulting from a rainfall depth of 1.2 inches (where pra t!cable) �Chapt,er4), or water Quality 2, Runoff Reduction Method -Capture 1.0 inch of rainfall Using Low Impact Deve 10 pmen tstrat egi es. (Chapter S). Methods are intended to reduce the average annual post -development total suspended solids loadings by SM from increased impervious areas. Provide extended detention of the increased volume of the 1-year storm Channel Protection event released over a period of 44 Fours to reduce flows and protect downstream channels from erosive velocities and unstable conditions. Post-develo rnent flows shall not exceed the predevelo ment flows. Provide peak discharge control of the 2-year, 5-year, 10`year, and 25- Overbank Flood Protection year storm event such that the past -development peak rate does riot exceed the predeve I opment rate. Provide peak discharge control of the 100-year storm event such that the Extr�ttie Flamed protection post-develaprnent peak rate does not exceed the predevelopment rate. Current code is "all or nothing"-single/2 family homes are exempt; all other types of development must fully comply with drainage code CITY OF FAYETTEVILLE ARKANS ARKANSAS JG F-xemntid UDC Revisions • Ordinance Revisions Presented to • Stakeholder Meeting 3/6/20 • Long Range Planning Committee 7/23/20) 8/20/20) 9/24/20 and 12/10/20 • Technical Advisory Committee 10/28/20 and 11/19/20 o Planning Commission 4/12/21 CITY OF q0FAYETTEVILLE 8 ARKANSAS Proposed Development Thresholds . ....Thresholds City-wide Grading and Drainage / Stormwater Documentation Water Quality, Flood, and Tree Mitigation Measures Standard < or = 1,200 Exempt from Grading and Drainage provisions except 0 Exempt sf of IA for those still associated with the Building Permit process such as HHOD. • Completed Green Stormwater Practice (GSP) 0 2 or more measures from Step 1 of Table 2 that Worksheet, demonstrating Runoff Reduction via Reduce Runoff via Better Site Design 1,201 - 6,000 Better Site Design. sf of IA 0 1 or more Green Stormwater Practice (GSP) • GSP Operation & Maintenance (O & M) Agreement to measures from Step 2 of Table 2 as required to treat ensure the long-term functionality of these practices. 100% of the developed portion of the site • Same as Level 2. a Same as Level 2 6,001 — 10,000 sf of • As needed GSP measures from Step 3 to further IA reduce runoff • Abbreviated Tree Preservation Plan "Would not impact residential or commercial subdivisions as the subdivision will account for their impact with improvements as required by the drainage criteria manual. CITY OF KANS EVILLE AR9 ARKANSAS Framework Levels 2 and 3 are required to select two of these measures to implement while designing the site Mitigation Measures Reduce Runoff via Better Site Design. Conservation of Natural Features and Resources (if they exist on property): Preserve Riparian Buffers (i.e. no variances from streamside protection). • Avoid Developing in Floodplains and on Steep Slopes (greater 15%) Tree Preservation: Preserve Natural Areas with at least one significant tree. The removal, relocation, destruction or abuse in any manner of a significant tree(s) to be preserved is prohibited. • Protection of Street Trees. The removal, relocation, destruction or abuse in any manner of a street tree(s) to be preserved is prohibited. Lower Impact Site Design Techniques: • Reduce Limits of Clearing and Grading to preserve at least 10% of the open space of the site Reduction of Impervious Cover: Use multi -story buildings to reduce building footprints Create Parking Lot Stormwater "Islands" • Use pervious surfaces for parking, sidewalks and trails, where feasible. Utilization of Natural Features for Stormwater Management: Use soil restoration practices to improve native soils and reduce over compaction Use native plants and naturalistic landscapes (yards that do not have to be mowed and are planted with perennials, etc) and rain gardens. CITY OF FAYETTEVILLE 10 ARKANSAS 0 Framework Levels 2 and 3 are required to select at least one of these measures sized appropriately by the GSP worksheet that will be provided by the City Urban Bioretention Permeable Pavement Infiltration Trench Green Roof Level 3 is required to include this measure ' Extended Detention CITY OF EVILLE ARKANS ARKANSAS Green Stormwater Practice (GSP) Worksheet FRl in only rhare arms highNgh ted in g—c How big is your site overall? 4,500 Square Feet (SF Pxistl ne site How much of the exsting site is impervious (roof, driveway, concrete, elr._}? 0 SF Haw much of the existing site is gra-P 325 SF How much of the existing site is tree ca nopy7 4,375 5F How much of the existing site is lawn area? 0 5F 4r500 Total SF {must match overall she SF) PI155 Proposed site How much of the proposed site N Impervious (root, driveway, concrete, etc,..)? 3,900 SF How much of the proposed site is gravel? 0 SF How much of the proposed site is tree canopy? 30 SF How much of the proposed site is lawn area] 570 5F 4,500 Telal 5F (must match overall site 5F) PI155 Primary GSP Developed area drainingto primaryGSP 3,900 SF New Gravel and impervious 100',G G5P0 dons SurFace Area Requited 5f Rioretenfion 3os Permeable Pavement 462 Infiltration Trench 306 Green Roof 652 Secondary GSP Developed area draining to the secondary GSP? (when required) a SF New Gravel and Impervious 0% 351P Options 5urface Area Required (51r( Bioretention 0 Permeable Pavement 0 infiltration trench 0 Green Reef 0 ]00% 100%of new gravel and impervious must be treatedj PASS igtended Detention NQT REgl1VRE❑ Trapezoidal Shape, all others provide supporting volume calculations Bottom Length 0 FT Bottom Width 0 FT Side Slope 13:1 or flatter} 3 Z:1 PA55 'Panding Depth 1 FT 'Indude p—&,rg depth even when p—ldirrg sewoN volume cukulct," &tended Detention Volume Required (CF] 1,100 Ex[endetl Detention Volume Provided (CFI 12 R wired gUlet krlfite Plametar lln]'• 2.76 •"Round to nearest goortet+nrh Providing 5eparaie Volume Cakukations No Volume provided must exceed volume required hOi REgGIRED CITY OF FAYETTEVILLE 12 ARKANSAS 0 o .Sl 08Z AM ::L0,Lt.ZO S 7� II� I� 13 13 1 —7 —7: �r. ——— TREE PRESERVATIDN BUFFER - I z r u„ SHARED PRIVATE DRIVE -_- - ' t=_-------`Ei---- -;'------ I-- _-I' ' ------ -Lq� ---� d i -II ; -: - ----!oil iz I I � 35G UNIT TYFE A t �,cwnsYrw,R:w�m�vwr� Ls:mnaeows:wm�asw �:u,w,rrwmrwnar+- — — I CITY OF WOM FAYETTEVILLE ARKANSAS ae.o• � ma � xs-n � � — � � � } zs.v � un � i T I1 T P. c� 344 UNIT TYPED — 342 UNIT TYPE D _ I 340 UNITTYPEC 396 UNITTYPCC `A 332 M � UNIT TYPE A �330 UNIT TYPE B� 'r n.' x m Evsw PLAN `, PLAN �' SCALE A = 1' rwRns fli n#loek F Cy_zo eC Ile narzrm T , mm NOT FOR CONSTRUCTION -LtlC-HtK TOWNHOUSES SITE PLAN L1.1 13 Green Stormwater Practice (GSP) Worksheet 1:11f in onlq fhese areas higA7i011[ed in green How big is your site ova 41 40,341 Square Fee[(5F Existlne Site How much of the existing site is Impervious (roof, driveway, concrete, etc...)? t0,292 SF Haw much of the existing site is a—W 2,243 SF How much of the existing site is tree canopy? 12,320 SF How much of the existing site is lawn area? 1.5,686 SF 40,541 Total 5F (must match overall site 5F) PASS Proposed Site How much of the proposed site is impervious (roof, driveway, concrete, ett, 1? 14,191 SF How much of the proposed site is gravel? 5,673 5F How much of the proposed site is tree canopy? 11,420 5F How much of the proposed site is lawn area? 9,252 SF 40,541 Total SF (must match overall site SFi PP55 Primary GSP Developed area draining to primary GSP 7,334 5F new Gravel and Imper mus GSP Options Surface Area Required (SF) Bioretention 361 Permeable Pavement 542 Infiltration 7rench 362 Green Roof 765 Secondary GSP Developed area dral ping to the secondary GSP? (when required) 0 SF New Gravel and lmpeivlous GSP O ions Su rface Area Re uired SF �111—etdrwn 0 Permeable Pavement 0 Infiltratlan Trench 0 Green Roof 0 10D% of new gravel and impervious must be treated Extended Detention REQVIHED Trapezoidal Shape, all others provide supporting volume calculations Ronom Length 238 FT Rptbom Width 8 FT Side Slope 131 or Hatter} 4 2:1 P0.55 •Pnnding Depth 1 FT "Include yondirig depth even when pravlding separate volume calculations Extended Detention Volume Required (CF} 2,236 Extended Detention Volume Provided [CFI 2,909 RiEmod bidet grlflce Nil IIn) 11-00 Provid ing Separate Volume Ca lwkations No Volume provided must exceed volume required PASS CITY OF FAYETTEVILLE 14 ARKANSAS 0 Develop a flood resilient community consisting of sustainable development patterns, robust stormwater operation and maintenance and appropriate capital expenditures to reduce property damage and improve water quality CITY OF q0FAYETTEVILLE 15 ARKANSAS No 12 FLOOD HAZARD AREA Flood FLOODWAY Flood Fringe Fringe Stream Simulated Channel 5imulared �'�' Encroachmen� Eracroachmenr _ Surcltie� • _ _ _ ; _ Area of floodplain that could be '—Flood elevation before used for development by raising ground ancroachrmeni [ine — = Flood Elevation f3 6e Encroachment Line — = Flood Elevation After Ew-roochment " Surcharge noa ro exceed T_0 foot �FEMA requiremanrl = 5imuk ted Encroachment Terms and The Flooclway is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to pass the base flood discharge without increasing flood depths. Computer models of the floodplain are used to simulate "encro❑chment" or fill in the flood fringe in order to predict where and how much the base flood elevation would increase if the floodplain is allowed to be filled. For any proposed floodway development, before a slate or local floodplain permit can be issued, the applicant most provide evidence that "no impact" will occur (see page �. You will need an experienced registered professional engineer to make sure your proposed project won't increase flooding on other properties. ARKANSAS QUICK GUIDE CITY OF FAYETTEVILLE 16 ARKANSAS 0 Chapter 168; Floodplain Encroachment CITY OF q0FAYETTEVILLE 17 ARKANSAS 0 Flood Damage Prevention Chapter 168 • No Adverse Impact • Development would not be allowed to • Increase flood heights on other properties • Increase flood velocities on other properties • Fill floodplain without creating additional storage elsewhere (compensatory storage) CITY OF q0FAYETTEVILLE 18 ARKANSAS 0 Ordinance Quick Reference • Chapter 151: move definitions, minor clarifications, additions and eliminations • Chapter 153: Clarification of stop work order • Chapter 159: Clarification of fees • Chapter 166: Revise order of approval process; include framework • Chapter 167: Abbreviated tree plan requirements CITY OF 10 FAYETTEVILLE 19 ARKANSAS 0 Ordinance Quick Reference • Chapter 168: Moved definitions to 151; No Adverse Impact • Chapter 169: Grading review versus grading permit • Chapter 170: Revise order of requirements; include framework; address comments from ADEQ Audit CITY OF 10 FAYETTEVILLE 20 ARKANSAS 0 Stormwater Chapter 170 Additional Revision • Legacy Drainage Plans • Current code has no expiration on approved drainage plans • Some plans on file were approved in early to mid 2000's • Propose that these plans sunset and a new plan approved if/when development is proposed • If council agrees then clause will be drafted and included in this revision CITY OF q0FAYETTEVILLE 21 ARKANSAS 0 Questions? CITY OF 10 FAYETTEVILLE 22 ARKANSAS 0 Received 06/08/2021 4:06 PM 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assist�zr�t City Aiic�rrze}� TO: Mayer Jordan Jodi Batker City Council Paralegal CC: Chris Brown, Public Works Director Alan Pugh, Stormwater Engineer Jonathan Curth, Development Manager FROM: Kit Williams, City Attorney C`� DATE: June 8, 2021. RE: Minor changes to Exhibit H (rewrite of Chapter 170: Stormwater Management and Drainage) Thank you for allowing me additional time to review the situation involving "Legacy Drainage Plans" and figure out how best to handle the application of the improved stormwater management regulations to only affect the appropriate unbuilt projects. I also want to thank Fayetteville Stormwater Engineer Alan Pugh for his knowledge and expertise in this important effort to ensure flooding will not be increased by future development, especially in an area of a known public flooding problem. To accomplish the goals of our Engineering Division, including attempting to prevent lengthy continued use of old drainage control plans that should be updated to the new requirements, several changes need to be made in Exhibit H (the Stormwater Management and Drainage Chapter). First §170.02 Adoption of Drainage Criteria Manual needs to be amended so that it does not conflict with the proposed amended §170.03 (E) regarding what types of developments are exempted so as to not need drainage permits. The new §170.03 (E) no longer exempts "one single-family or duplex" which is still listed as exempted by the current Drainage Control Manual. We can remove this conflict by amending §170.02 to read as follows: "170.02 Adoption of Drainage Criteria Manual (A) The City Council herby adopts by reference the Drainage Control Manual with the exception that its Chapter 1. Minimum Stormwater Standards and Submittal Requirements, Section 1.1 General list of "Exceptions when no drainage permit is required are as follows:" which are all deleted and replaced with a reference to §170.03 (C) and (E). (B) The Drainage Control Manual may be amended from time to time by the City Engineer who shall promptly inform the City Council of the amendments. All technical procedures and design standards contained in the Drainage Control Manual shall have the same force and effect as if printed word for word in this chapter except that no provision may directly conflict with the chapter's code sections." Three changes are needed in §170.03 Permits Required. The first is just a typo in (A) which references 1170.03 (C) and §170.03 (D)" when the second reference should have been to "§170.03(E)." The other changes are the substantive changes requested by some Council Members to address known public flooding areas and some old drainage control plans in which unbuilt and/or not fully divided lots in old plats should be required to use the updated drainage requirements if and when the lots are further subdivided and/or constructed. To accomplish this, U.D.C. §170.03(E) Exceptions Where No Drainage Permit Is Required needs to be amended as follows: "(E) Exceptions Where No Drainage Permit Is Required. Drainage Permits are not required for the following activities unless the Project is otherwise covered under the U.D.C. or occurs upstream of a known public flooding problem which is when the City knows that serious flooding involving repeated flood damage to residences, buildings or infrastructure in an area has occurred and will likely recur without remedial measures." Then (2) Lots that are part of a Larger Development needs to be amended as follows: "Lots that are part of a Larger Development. One (1) project built on an individual lot that is part of a larger development that has received an approved drainage control permit when the proposed project is in compliance with this overall subdivision drainage control permit. The Engineering Division may require development projects upstream of a known public flooding problem to also follow current best practices and current drainage regulations and also participate with the City in cost -share projects to reduce the known public flooding problem." This means that the new project still would not have to obtain a new drainage control permit, but could have somewhat different and more protective drainage restrictions placed upon the project than would have been required under their existing subdivision drainage control permit. The proposed changes I recommend are narrowly tailored to help known public flooding problems while not affecting subdivisions being constructed pursuant to existing subdivision drainage control permits that are not endangering downstream neighborhoods. Exhibit H Repeal and Replace Chapter 170 -Stormwater Management, Drainage and Erosion Control with the following: CHAPTER 170 — STORMWATER MANAGEMENT AND DRAINAGE 170.01 - Intent (A) Intent. It is the intent of this chapter to protect, maintain, and enhance the health, safety, and general welfare of the citizens of the City of Fayetteville by: (1) Preventing increases in the magnitude and frequency of stormwater runoff to prevent increases in flood flows and associated hazards and costs. (2) Controlling soil erosion and sedimentation to minimize soil deposition in streams and other receiving water bodies and storm drainage systems. (3) Requiring surface and stormwater management practices that comply with requirements of this chapter. (4) Promoting the development of stormwater facilities that are aesthetically desirable. (B) Findings of Fact. The City Council finds that uncontrolled stormwater runoff from developed land adversely affects the public health, safety, and welfare because: (1) Impervious Surfaces/Runoff. Impervious surfaces increase the quantity and velocity of surface runoff, which reduces percolation of water through soil and increases erosion and flooding. (2) Collection and Conveyance of Stormwater. Improper stormwater collection and conveyance adversely affects property and increases the incidence and severity of flooding, which can endanger property and human life. (3) Erosion. Increased erosion leads to sedimentation in stormwater management systems, which decreases the system's capacity (4) Future Problems. Many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices. (5) Limited Jurisdiction. As a non-traditional, or regulated, MS4, the University of Arkansas' Fayetteville campus is permitted by ADEQ to administer its own stormwater management program upstream and physically inter connected to the City's MS4. 170.02 - Adoption of Drainage Criteria Manual (A) The City Council herby adopts by reference the Drainage Control Manual with the exception that its Chapter 1. Minimum Stormwater Standards and Submittal Requirements, Section 1.1 General list of "Exceptions when no drainage permit is required are as follows:" which are all deleted and replaced with a reference to §170.03 (C) and (E). (B) The Drainage Control Manual maybe amended from time to time by the City Engineer who shall promptly inform the City Council of the amendments. All technical procedures and design standards contained in the Drainage Control Manual shall have the same force and effect as if printed word for word in this chapter except that no provision may directly conflict with the chapter's code sections. 170.03 - Permits Required (A) Applicability. This chapter shall apply to all land within the corporate limits of the City of Fayetteville. No person may subdivide and develop, change to a more intensive land use, construct or reconstruct a structure, or change the size of a structure, or conduct grading, clearing, or filling activities without first obtaining a stormwater management, drainage and erosion control permit (hereinafter referred to as a "drainage permit") from the city, except as specified in §170.03 (C) and §170.03 (E) below. (B) Permit Application. Any application for a drainage permit shall be submitted to the City Engineer using appropriate forms as provided by the city for review, processing, and approval. The drainage permit application shall be submitted as part of the application for a grading permit, if such grading permit is required by §169.03. A permit application shall contain sufficient information and plans to allow the City Engineer to determine whether the project complies with the requirements of this chapter. The specific items to be submitted for a permit application shall be in the form and follow the procedures as described in the Drainage Criteria Manual, Section 1.4, Drainage Report Template and Checklist. The City Engineer shall make the final determination regarding detention. (1) Fee. A nonrefundable permit application fee shall be paid when the application is submitted to help cover the cost of the plan review, administration and management of the permitting process and inspection of project implementation and operation (separate from the Physical Alteration of Land fee). (2) Issuance. If the City Engineer determines that the permit application submittal is in compliance with all provisions of this chapter, a permit may be issued. If the City Engineer determines that the permit submittal does not conform with all provisions of this chapter, permit issuance may be denied and a written statement as to the reasons for the denial shall be provided to the applicant. (C) Project not Requiring Detention. Any project that requires a drainage permit that does not require detention must submit documentation to this effect to the City Engineer. After review and approval of the City Engineer, a grading permit may be issued prior to issuance of the drainage permit. (D) Any grading permit and/or drainage permit issued shall be subject to the following: (1) Insufficient or Incomplete Drainage Permit Application. If the drainage permit application, including the required calculations, is determined by the City Engineer to be insufficient or incomplete, it shall be revised and resubmitted by the applicant within four (4) weeks of receipt of written notice of insufficiency or incompleteness. (2) Deadline for the Revised Application or Insufficient or Incomplete Revisions. If a revised application is not submitted within four (4) weeks of receipt by applicant of the written notice of insufficiency or incompleteness a stop work order for all grading on the project shall be issued by the City Engineer. A stop work order for all grading on the project shall be issued by the City Engineer if the revised application is determined by the City Engineer to be still insufficient or incomplete. However, the City Engineer may delay issuance of the stop work order if the City Engineer determines that the applicant has demonstrated prior to the deadline that circumstances not reasonably foreseeable and beyond the applicant's reasonable control prevented his timely resubmission of a sufficient and complete revised drainage permit application. (3) Stabilization and Revegetation After Stop Work Order. If a stop work order is issued pursuant to §170.03 (C) (2), the applicant shall stabilize and revegetate all graded and otherwise disturbed areas as set forth in the Drainage Criteria Manual. (4) Termination of Stop Work Order. Any stop work order issued pursuant to §170.03(C)(2) shall expire upon the issuance of a drainage permit and compliance with any conditions contained in the drainage permit. (E) Exceptions Where No Drainage Permit is Required. Drainage Permits are not required for the following activities unless the Project is otherwise covered under the U.D.C. or occurs upstream of a known public flooding problem which is when the City knows that serious flooding involving repeated flood damage to residences, buildings or infrastructure in an area has occurred and will likely recur without remedial measures: (1) New developments, redevelopments or additions that create less or equal to 10,000 square feet of new impervious area. See Section 170.09 for building permit submittal requirements. (2) Lots that are part of a Larger Development. One (1) project built on an individual lot that is part of a larger development that has received an approved drainage control permit when the proposed project is in compliance with this overall subdivision drainage control permit. The Engineering Division may require development projects upstream of a known public flooding problem to also follow current best practices and current drainage regulations and also participate with the City in cost -share projects to reduce the known public flooding problem. (3) Existing Non-residential. Existing nonresidential structure where the additional impervious area is less than 10,000 square feet. See Section 170.09 for building permit submittal requirements. (4) Maintenance. Maintenance or clearing activity that does not change or affect the quality, rate, volume, or location of stormwater flows on the site, or runoff from the site. (5) Agriculture. Bona fide agricultural pursuits, for which a soil conservation plan has been approved by the local Soil and Water Conservation District. (6) Emergency. Action taken under emergency conditions, either to prevent imminent harm or danger to persons, or to protect property from imminent danger of fire, violent storms, or other hazards when determined to be necessary by the City Engineer. (F) Compliance with Chapter Provisions. Although a specific permit is not required for these particular circumstances, this exception does not exempt the owner/developer/builder from complying with the provisions of Chapter 169. Physical Alteration of Land. 170.04 — Off -Site Stormwater Management Improvements (A) Off -Site Improvements. If it is determined that offsite drainage improvements are required, and that such specific off - site drainage improvements are consistent with the city's current and established priorities, then cost sharing will be in accordance with "Required Off -site Improvements." If the city is unable, or unwilling, to contribute its share of the off -site costs, the developer shall have the option of: (1) Developer's Expense. Building the off -site improvements at their own expense; (2) Detention. Providing detention so as to match downstream capacities; or (3) Delay Project. Delaying the project until the city is able, or willing, to share in the off -site costs. 170.05 - Performance Criteria (A) Drainage Criteria Manual. The technical procedures and design standards contained in the Drainage Criteria Manual, adopted by §170.02 of this chapter and as may be amended from time to time by the City Engineer, shall be used to determine compliance with the performance criteria established by this chapter. (B) Performance Criteria. Except as otherwise provided in this chapter, a development must be designed, constructed, operated, and maintained to comply with the following stormwater sizing performance criteria. Each minimum standard is intended to be used in conjunction with the others to address the overall stormwater impacts from a development site. Supporting technical detail can be found in the Section 2.1 of the Drainage Criteria Manual (DCM): (1) Minimum Standard #1 - Water Quality. Reduce the average annual post -development total suspended solids (TSS) loadings from increased impervious areas either by TSS Reduction Method or the Runoff Reduction Method (RRM). (2) Minimum Standard #2 - Channel Protection. Provide extended detention to reduce flows and protect downstream channels from erosive velocities and unstable conditions. Post -development flows shall not exceed the predevelopment flows. (3) Minimum Standard #3 - Overbank Flood Protection. Provide peak discharge control of the storm events noted in the DCM such that the post -development peak rate does not exceed the predevelopment rate. (4) Minimum Standard #4 — Extreme Flood Protection. Provide peak discharge control such that the post - development peak rate does not exceed the predevelopment rate. (5) Better Site Design and Green Stormwater Practices, as described in the Drainage Criteria Manual, to attenuate lesser storms and more closely mimic predevelopment hydrology are encouraged. (6) Direct Discharge. Direct discharge of a pipe into streams and/or floodways is not allowed. A stilling basin or other structure that will collect sediment, trash, etc. and that will reduce the likelihood of erosion in the receiving stream due to discharge from the pipe shall be installed at pipe discharges into streams and/or floodways. (7) Erosion and Channel Stability. All stormwater management systems shall be evaluated based on their ability to prevent erosion and sedimentation of the receiving waters and adverse impacts on the site's natural systems. The design engineer shall consider the on -site and downstream effects of the peak discharges and shall design both the permanent and the construction phase of the stormwater management system in a manner that will not increase flooding, channel instability, or erosion downstream when considered in aggregate with other developed properties and downstream drainage capacities. 170.06 - Maintenance Responsibility (A) Dedication. Those stormwater management systems approved in compliance with this chapter that will function as a part of the stormwater management conveyance system shall be dedicated to the city. All areas and/or structures to be dedicated to the city must be accompanied by a drainage easement, dedicated by plat or separate instrument and accepted by the City Engineer. (B) Maintain Stormwater Systems and Structures. The owner of the property on which stormwater systems and structures have been installed shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices. (C) Right -of -Entry for Inspection. The owner shall provide for the City Engineer or designee to enter the property at reasonable times and in a reasonable manner for the purpose of inspecting stormwater systems and structures. (D) Failure to Maintain. If a responsible person fails or refuses to meet the maintenance requirements the city may give written notice requesting corrective action. If the conditions described in the failure to maintain notice are not corrected within ten (10) days after such notice is given, the Mayor, or his duly authorized representative, is hereby authorized to enter upon the property and do whatever is necessary to correct or remove the conditions described, in the notice. The costs of correcting said conditions shall be charged to the owner or owners of the property and the city shall have a lien against such property for such costs. (1) Enforcement of the Lien. The lien herein provided for may be enforced and collected in either one of the following manners: (a) The lien may be enforced at any time within eighteen (18) months after work has been done, by an action in circuit court; or (b) The amount of the lien herein provided may be determined at a hearing before the City Council held after thirty (30) days written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owner or owners be known, and if the name of the owner or owners cannot be determined, then only after publication of notice of such hearing in a newspaper having a bona fide circulation in Washington County for one insertion per week for four consecutive weeks; the determination of the City Council shall be subject to appeal by the property owner in circuit court; and the amount so determined at said hearing, plus 10% penalty for collection, shall be by the City Council certified to the tax collector of the county, and by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less 3% thereof, when so collected shall be paid to the city by the county tax collector. (c) In case the owner of any lot or other real property is unknown or his whereabouts is not known or he is a nonresident of this state, then a copy of the written notice hereinabove referred to shall be posted upon the premises and before any action to enforce such lien shall be had, the City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts or non -residence, and thereupon service of the publication as now provided for by law against nonresident defendants may be had, and an attorney ad litem may be appointed to notify the defendant by registered letter addressed to his last known place of residence if same can be found. (E) Removal and modification of Stormwater Systems and Structures. Stormwater systems and structures may only be modified or removed with the approval of the City Engineer, who shall determine whether the stormwater system or structure does not function as a part of the stormwater management system. The applicant may be required to provide supporting data and calculations that justify the removal of the stormwater systems or structures. 170.07 - Preliminary Plat, Lot Requirements (A) Preliminary Plats. Preliminary Plats shall include a master drainage plan for each lot related to the proposed infrastructure and adjacent lots. (B) Preliminary Plats for Residential Subdivisions. Preliminary Plats for residential subdivisions shall provide drainage information meeting the Arkansas Fire Prevention Code for building safety regulations for positive drainage of each lot. (1) 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. (2) 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. (C) Rear Lot Drainage Easements. Rear lot drainage easements for nonstructural grassed swales shall not overlap utility easements with above ground structures, i.e., electric transformers, gas meters, communication junctions, etc. (D) Final Plat. The final plat shall include the approved master drainage plan to be filed as a supplemental document. The scale shall be legible and approved by the City Engineer. 170.08 - Private Drainage Systems (A) Private Drainage Systems. (1) Private Drainage System Maintenance. A private drainage system includes groundwater, drainage pipes or channels, and any flowing or standing water not within a right-of-way or drainage easement. The owner of any private drainage system shall maintain the system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is not limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover, and removal of debris from pipes and structures. (2) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainage system is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site. (3) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall clean the pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this Code. Material shall not be swept or washed into the storm drainage system. This section does not apply to pollutants discharged from construction activities. (4) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor, uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery and equipment must be maintained to reduce leaking fluids. (5) Materials Storage. In addition to other requirements of this Code, materials shall be stored to prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of hazardous substances is prohibited. (6) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided. (7) Open Drainage Channel Maintenance. Every person owning or occupying property through which an open drainage channel passes shall prevent trash, debris, excessive vegetation, and other obstacles from their property from entering the drainage channel or obstructing flow. (B) Authorization to Adopt and Impose Best Management Practices. The city may adopt and impose a Drainage Criteria Manual and requirements identifying Best Management Practices for any private activity, operation, or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are required, every person undertaking such activity or operation, or owning or operating such facility shall implement and maintain these BMPs at their own expense. 170.09 — Illicit Discharge Detection and Elimination (A) Purpose. (1) The purpose of this section is to provide for the health, safety, and general welfare of the citizens of Fayetteville through the regulation of non -storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. (2) It establishes methods for controlling the introduction of pollutants into its municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. (3) The University of Arkansas, Fayetteville campus is a separate small MS4 NPDES permit holder and responsible for Illicit Discharge Detection and Elimination (IDDE) within its service area. (B) Prohibition of Illegal Discharges and Illicit Connections. (1) Illegal discharges are prohibited. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. Common stormwater contaminants include trash, yard waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste and sediment. (2) Illicit connections are prohibited. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) No person shall connect a line conveying sanitary sewage, domestic sewage or industrial waste, to the storm drainage system, or allow such a connection to continue. (C) Exemptions. The following non-stormwater discharges are acceptable and not a violation of this chapter provided that ADEQ has not determined and notified the City in writing that these sources are substantial contributors of pollutants: 1) uncontaminated waterline flushing; 2) landscape irrigation; 3) rising ground waters; 4) uncontaminated ground water infiltration (infiltration is defined as water other than wastewater that enters a sewer system, including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.); 5) uncontaminated pumped ground water; 6) discharges from potable water sources; 7) uncontaminated foundation drains; 8) uncontaminated air conditioning condensate; 9) irrigation water; 10) springs; 11) water from crawl space pumps; 12) uncontaminated footing drains; 13) lawn watering; 14) individual residential car washing; 15) flows from riparian habitats and wetlands; 16) dechlorinated swimming pool discharges; 17) uncontaminated street wash water; 18) discharges or flows from emergency firefighting activities; and 19) unless otherwise permitted or regulated by ADEQ, discharges of gray water from municipal splash pads (also known as spray ponds or spray grounds), as defined in Part 6.35 of this permit, provided the discharges comply with all applicable municipal or county ordinances enacted or pursuant to law. Discharges from recirculating systems shall be de -chlorinated prior to discharge. (D) Release Reporting and Cleanup. Any person responsible for a release of materials which are or may result in illicit discharges to the storm drainage system shall take all necessary steps to ensure the discovery, containment, abatement and cleanup of such release. In the event of such a release of a hazardous material, said person shall comply with all state, federal, and local laws requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release. Failure to address an illicit discharge will result in enforcement action per Chapter 153. 170.10-170.99 - Reserved F Q 30x'... FAQ=T-Ev LLE .Y:. ;^2;;.>. z�., - . ar .. 5g_ rl3 • ..,, , 4 D'..:'.1, AFFIDAVIT OF PUBLICATION 1, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6446 Was inserted in the Regular Editions on: June 20, 2021 Publication Cost: $525.92 19A4 _(; Brittany STrrlltll Subscribed and sworn to before me This Z I day of �(� y, �, 2021. _(1ZL k", Notary Public �I My Commission Expires: �l�� "NOTE'* Please do not pay from Affidavit Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC —ARKANSAS My Commission Expires 02-20-2024 Commission No.12397118 Ordinance: 6446 File Number: 2021-0392 AMEND STORMWATER REGULATIONS: AN ORDINANCE TO AMEND VARIOUS CHAPTERS OF THE UNIFIED DEVELOPMENT CODE TO UPDATE STORMWATER REGULATIONS FOR DEVELOPMENTS IN FAYETTEVILLE WHEREAS, the Fayetteville Unified Development Code currently requires certain stormwater improvements for developments based on the type of use and number of units being proposed; and WHEREAS, in recent years more developments being constructed have been exempt from any stormwater requirements, which is having a large impact on the properties neighboring these developments as well as the overall drainage system; and WHEREAS, during the discussions regarding the need for a more comprehensive stormwater program, the public commented frequently that these exempt developments should be required to mitigate their stormwater impacts on surrounding properties; and WHEREAS, on April 12, 2021, these revisions were presented to the Planning Commission which voted 8-0 to forward them to City Council with a recommendation ofapproval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTE V ILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 150.04 Jurisdiction by adding a sentence at the end of the section as follows: 'The City's planning jurisdiction does not extend to properties held by Federal, State, or County entities.' Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § I51.01 Definitions by repealing certain definitions entirely, repealing and replacing certain definitions, and enacting new definitions as shown in Exhibit A attached hereto. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 153.02 Right of Entry and Inspection by enacting new subsections (D) and (E) as follows: "(D) Zoning and Development. For properties on which an active zoning or development application is made, development review staff, and elected and appointed officials shall have the right of entry and inspection. (E) Post Construction Stormwater Management and Drainage. In applying for a grading and drainage permit, the applicant shall be deemed to have consented to the verification of "as built" stormwater features as well as routine inspection of features within the public right- of-way or with drainage easements." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 153.07 Stop Work Order by enacting new subsections (D) and (E) as follows: '(D) NoncomplianedGrading and Drainage Plan. The City Engineer may issue a stop work order directing the parties involved to cease and desist all work which does not comply with its grading and drainage plan. (E) Noncompliance/Repeat Offenders. The City Engineer may issue an immediate stop work order directing the parties involved to cease and desist all work onsite for parties which have been cited previously. ' Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C)(1) (a) of § 155,06 Appeals from Staff lnierpretations/Actions and enacts a replacement subsection (Cx I xa) as "An owner or developer who is aggrieved by the requirements of the Unified Development Code for land, right-of-way or easement dedications, construction of on -site or off -site improvements, or payments in I ieu of any dedication or improvement, which are in excess of the 'rough proportionality" of the impact of the development upon the city's infrastructure or services may appeal such requirement to the Planning Commission as a part of the submission of the preliminary plat, large scale development, subdivision, building permit, lot split, grading permit, floodplain development permit, or otherwise within 10 days of notification of such development requirements. The appeal must be presented to the Planning Division in writing and state the grounds, or reasons for the appeal' Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A) of § 158.02 Excavation in Public Rights -of -Way; Cash or Surely Bond Required and enacts a replacement § 158.02 as follows: "(A) Bond. No person shall make any excavation of a street or public right-of-way unless a bond is first issued to the city for the purpose of guaranteeing repair and replacement of said street or public right -of --way. Said bond shall be in an amount equivalent to the estimated cost of properly repairing and replacing said street or public right-of-way, as determined by the City Engineer. To satisfy this requirement, the person or contractor may provide a cash bond, surety bond, or irrevocable letter of credit. Permanent bonds or letters of credit held by the city under the terms of an existing franchise agreement shall be considered sufficient to fulfill the surety requirements for any person or contractor acting as an agent for the franchise holder. The franchise holder shall submit a letter or other document verifying that the person or contractor is the franchisee's agent and is covered by the franchise holder's standing bond or letter of credit." Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 159.01 Fees/Schedule and enacts a replacement § 159.01 as shown in Exhibit B attached hereto. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following sections and subsections of Chapter 166 Development as shown in Exhibit C attached hereto: § 166.01 Development Categories; § 166.02(Dx 1) Property Line Adjustment, Lot Split, Final Plat, Concurrent Plat; § 166.02(E) Building Permits; § 166.02(F) Completion of Development/Certificate of Occupancy; § 166.03 Plat Requirements; § 166.04(B) Minimum Improvements by Application Type; § 166.15(A) Application; and § 166.20(A) Applicability. Section 9: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following subsections of § 167.04 Tree Preservation and Protection During Development as shown in Exhibit D attached hereto: § 167.04(AX 11) Building Permits; § 167.04(AX12) Exemptions; and § 167.04(HX3) Abbreviated Tree Preservation Plan. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following sections of Chapter 168 Flood Damage Prevention Code as shown in Exhibit E attached hereto: § 168.01(A) regarding the purpose of the chapter, § 168.02 Definitions; § 168.05 Administration; § 168.06 Establishment of Development Permit; § 168.07 Permit Procedures; § 1%10 Provisions for Flood Hazard Reduction; § 168.11 Risk Zone Specific Standards; and § 168.12 Streamside Protection Zones. Section 11: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following sections and subsections of Chapter 169 Physical Alteration of Land as shown in Exhibit F attached hereto: § 169.03 Permits Required/Exceptions; § 169.04 Minimum Erosion Control Requirements; § 169.06(F)(2) Phased Construction-. and 169.07 Grading Plan Specifications. Section 12: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 169.14 Stormwater Discharges from Construction Activities as shown in Exhibit G attached hereto. Section 13: That the City Council of the City of Fayetteville, Arkansas hereby repeals Chapter 170 Stormwater Management, Drainage and Erosion Control and enacts a replacement Chapter 170 Stormwater Management and Drainage as shown in Exhibit H attached hereto. PASSED and APPROVED on 6/1512021 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75431439 June 20,2021