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
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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
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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.
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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�
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Kara Paxton, City Clerk Treasuer :
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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).
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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.
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(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
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SITE PLAN
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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,
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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).
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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Nonfesidefftial 5,000 or- less sq.
&$00.00
Nem-esidential Over 5,000 sq. €t- e 1 1
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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
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h- o.l iteams 0
ta
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(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
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(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
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(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:
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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
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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
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ark land
X
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tility
I
X
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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).
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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.
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(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
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—7 —7:
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———
TREE PRESERVATIDN BUFFER -
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z r u„
SHARED PRIVATE DRIVE
-_- - ' t=_-------`Ei---- -;'------
I-- _-I' ' ------ -Lq�
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d i -II ; -: - ----!oil iz
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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 �
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— �
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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