14780• ORDINANCE NO. 14,780 •
STORMWATER MANAGEMENT AND DRAINAGE ORDINANCE
AN ORDINANCE ADOPTING REGULATIONS
DESIGNED TO LESSEN OR AVOID HAZARDS
TO PERSONS AND PROPERTY CAUSED BY
d INCREASED STORMWATER RUNOFF OR BY
`V OBSTRUCTION TO DRAINAGE, AND TO
OTHERWISE PROMOTE THE PUBLIC HEALTH,
SAFETY AND GENERAL WELFARE.
A
v ARTICLE 1.
v
ca INTRODUCTORY PROVISIONS
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1.1 Title - These regulations shall hereafter be known,
cited ana referred to as the " Stormwater Management and
Drainage Regulations" of the City of Little Rock, Arkansas.
1.2 Authority - These regulations are adopted pursuant
to the power and authority vested through the applicable
laws and statutes of the state of Arkansas.
1.3 Applicability - Any person, firm, corporation or
business proposing to construct buildings or develop land
within the Little Rock Planning jurisdiction shall submit
drainage plans to the City Engineer for approval of a
stormwater management and drainage plan before building
permits are issued or subdivisions are approved. No land
shall be developed except upon approval by the City
Engineer.
1.4 Exemp n
tios - All construction, subdivision
approvals or remodeling activities shall have a stormwater
management and drainage plan approved before a building
permit is issued or subdivision is approved except for the
following:
One - new or existing single family structure.
. One - new or existing duplex family structure.
One - new commercial or industrial structure located
on less than one acre individual lot.
One - existing commercial or industrial structure
where additional structural improvements are less
than 500 square feet.
1.5 Purpose - In order to promote the public health,
safety and general welfare of the citizens of Little Rock,
the provisions of these regulations, as amended from time to
time, are intended to: (1) reduce property damage and human
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suffering, an• 2) to minimize the hazards of personal
injury and loss of life due to flooding, to be accomplished
through the approval of a stormwater management and
drainage plan pursuant to the provisions of these
regulations, which: (a) establish the major and minor
stormwater management systems, (b) define and establish
stormwater management practices and use restrictions, and
(c) establish guidelines for handling increases in volume
and peak discharges of runoff.
1.6 Definitions - For the purpose of this ordinance,
certain terms and words shall be used, interpreted and
defined as set forth in this section. Unless the context
clearly indicates to the contrary, words used in the present
tense include the future tense; words used in the singular
shall include the plural, and vice - versa; the words, "these
regulations," mean "this ordinance;" the word, "person,"
includes corporation, partnership, and unincorporated
association of persons; and the word, "shall," is always
mandatory.
A. Base Flood - The flood that has a 1 percent chance
of being equaled or exceeded in any given year, i.e., the
100 -Year Flood.
B. Bond - Any form of security for the completion or
performance of the stormwater management and drainage plan
or the maintenance of drainage improvements, including
surety bond, collateral, property or instrument of credit,
or escrow deposit in an amount and form satisfactory to the
City Engineer.
C. Building - Any structure built for the support,
shelter or enclosures of persons, animals, chattels, or
movable property of any kind.
D. Channel - Course of perceptible extent which
periodically or continuously contains moving water, or which
forms a connecting link between two bodies of water, and
which has a definite bed and banks.
E. Conduit - Any open or closed device for conveying
flowing water.
F. Control - The hydraulic characteristic which
determines the stage- discharge relationship in a conduit.
The control is usually critical depth, tailwater depth, or
uniform depth.
G. Detention Basins - Any man -made area which serves
as a means of controlling and temporarily storing stormwater
runoff. The facility normally drains completely between
spaced runoff events, e.g., parking lots, rooftops, athletic
fields, dry wells, oversized storm drain pipes.
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H. Detention - The temporary detaining or storage of 60
floodwater in reservoirs, on parking lots, on rooftops and
other areas under predetermined and controlled conditions -
accompanied by controlled release of the stored water.
1. Detention Pond - A stormwater detention facility
which maintains a fixed minimum water elevation between
runoff events except for the lowering resulting from losses
of water due to infiltration or evaporation.
J. Development - Any change of land use or
improvement on any parcel land.
K. Differential Runoff - The volume and rate of flow
of stormwater runoff discharged from a parcel of land or
drainage area which is or will be greater than the volume
and rate which pertained prior to proposed development or
redevelopment existed.
L. Drainage Approval - A certificate of approval
issued by the City Engineer based upon an approved final
stormwater management and drainage plan. The final
stormwater management and drainage plan must accompany the
building permit application or be submitted with the
proposed construction plans.
M. Drainage Easement - Authorization by a property
owner for use by another party or parties for all or any
portion of his /her land for a drainage and adjoining utility
purposes. Easements shall be dedicated to the City when
required or approved by the City Engineer.
N. Engineer of Record - A registered professional
engineer in Arkansas. This engineer shall supervise the
design and construction of the project and shall be
acceptable by the City Engineer.
O. Floodplain - A land area adjoining a river,
stream, watercourse or lake which is likely to be flooded.
P. Floodway - The channel of a river or other
watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without a
cumulative increase of the water surface elevation more than
a designated height.
Q. Freeboard - A factor of safety expressed as the
difference in elevation between the top of the detention
basin dam, levees, culvert entrances and other hydraulic
structures, and the design flow elevation.
R. Frequency - The reciprocal of the exceedance
probability.
3.
S. Habitable Dwelling Unit - A dwelling unit intended
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and suitable for human habitation.
T. Major Storm Easements - Privately maintained areas
designed to carry the 100 -year storm with no obstructions
allowed such as fill or fences that would impede floodwater
flow. Properly designed landscaping that does not impede
floodwater or endanger adjacent property may be allowed.
U. Minor Storm Easements - Public maintained areas
designed to carry the 10 -year (or 50 -year for CBD area)
storm; provide access for maintenance; and prevent channel
obstructions.
V. On -Site Detention - Temporary storage of runoff on
the same land development site where the runoff is
generated.
W. On- Stream Detention - Temporary storage of runoff
within a principal drainage system, i.e., in the receiving
streams or conduits.
X. Off - Stream Detention - Temporary storage
accomplished off -line, i.e., not within a principal drainage
system.
Y. 100 -Year Peak Flow - The peak rate of flow of
water at a given point in a channel, watercourse or conduit
resulting from the base flood.
Z. 100 -Year Storm - Rainstorms of a specified
duration having a 1 percent chance of occurrence in a given
year.
AA. Permittee - A person, partnership or corporation
to whom a permit is granted.
BB. Plat - A legally recorded plat of a parcel of land
subdivided into lots with streets, alleys, easements, and
other land lines drawn to scale.
CC. Project - Any development involving the
construction, reconstruction or improvement of structures
and /or grounds.
DD. Rational Method - An empirical formula for
calculating peak rates of runoff resulting from rainfail.
EE. Retention Facility - Any type of detention
facility not provided with a positive outlet.
FF. Stormwater Management and Drainage Manual - The
set of drainage policies, analysis methods, design charts,
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stormwater ruff methods, and design stdards used by the
City as the official design guidelines for drainage
improvements consistent with this Ordinance. Any
modifications will be made by the City Engineer consistent
with the stated policies and intent of the Ordinance.
GG. Stormwater Runoff - Water that results from
precipitation which is not absorbed by the soil, evaporated
into the atmosphere or entrapped by ground surface
depressions and vegetation, which flows over the ground
surface.
HH. Structure - Any object constructed above or below
ground. Pipes, manholes and certain other utility
structures which exist underground may be excluded from this
definition.
II. Swale - A shallow waterway.
JJ. Time of Concentration - The estimated time in
minutes required for runoff to flow from the most remote
section of the drainage area to the point at which the flow
is to be determined.
KK. Tributary Area - All of the area that contributes
stormwater runoff to a given point.
LL. Uniform Channel - A channel with a constant cross
section and roughness.
MM. Wet Bottom Basin - A detention basin intended to
have a permanent pool.
NN. Watercourse - Any surface stream, creek, brook,
branch, depression, reservoir, lake, pond or drainageway in
or into which stormwater runoff flows.
ARTICLE 2.
STORMWATER MANAGEMENT AND DRAINAGE SYSTEM.
2.1 General - This article establishes the stormwater
runoff management system of the City of Little Rock which
shall be composed of a major system and a minor system,
management controls and management practices. These
regulations shall apply in the minor system.
2.2 The Major System - The major system is the area in
any drainageway within the limits of flow of a 100 -year
storm.
2.3 The Minor System - The minor systems will be
composed of all watercourses and drainage structures, both
public and private, that are not part of the major system,
because of lower design storm frequencies.
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2.4 Mana• ent Controls - Managemenfcontrols are
regulations applicable to the major system under the
provisions of this Ordinance. Such controls shall limit any
activity which adversely effect hydraulic function of open
channels, drainage swales, detention facilities, or enclosed
stormwater conveyance systems. The City of Little Rock
Stormwater Management and Drainage Manual, hereafter
referred to as the Drainage Manual, shall be the official
document used for designing stormwater management controls
and drainage systems.
2.5 Management Practices - The following practices may
be utilized on approval by the City Engineer.
A. Storage - Runoff may be stored in temporary or
permanent detention basins, or through rooftop, parking lot
ponding, or percolation storage, or by other means in
accordance with the design criteria and performance
standards set forth in these regulations.
B. Open Channels - Maximum feasible use shall be made
of existing drainageways, open channels and drainage swales
that are designed and coordinated with the design of
building lots and streets in accordance with the design
criteria and performance standards set forth in the Drainage
Manual.
C. Curbs - Streets, curbs and gutters shall be an
integral part of the stormwater runoff management system.
To the maximum extent possible, drainage systems, street
layout and grades, lotting patterns and the location of
curbs, inlets and site drainage and overflow swales shall be
concurrently designed in accordance with design criteria and
performance standards set forth in the Drainage Manual.
D. Enclosed Conveyance Systems - Enclosed conveyance
systems consisting of inlets, conduits, and manholes may be
used to convey stormwater runoff. Where used, such systems
must be designed and performance standards set forth in
the Drainage Manual.
E. Other - The stormwater runoff management practices
enumerated herein shall not constitute an exclusive listing
of available management practices. Other generally accepted
practices and methods may be approved by the City Engineer,
if the purposes, design criteria and minimum performance
standards of these regulations are complied with.
2.6 Public and Private Responsibilities Under
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A. Pub• Responsibilities: • 164
1. Administration - Administration of these
regulations shall be the responsibility of the City
Engineer, who shall review to determine approval,
disapproval, or modification of stormwater management plans
as provided herein.
2. operation and Maintenance of Publicly Owned
Facilities - The City Public Works Department shall be
responsible after construction for the operation and
maintenance of all drainage structures and improved courses
which are part of the stormwater runoff management system
under public ownership and which are not constructed and
maintained by or under the jurisdiction of any state of
federal agency.
B. Private Responsibilities:
1. Each developer of land within the City has a
responsibility to provide on the developer's property all
approved stormwater runoff management facilities to ensure
the adequate drainage and control of stormwater on the
developer's property both during and after construction of
such facilities.
2. Each developer or owner has a responsibility
and duty before and after construction to properly operate
and maintain any on -site stormwater runoff control facility
which has not been accepted for maintenance by the public.
Such responsibility is to be transmitted to subsequent
owners through appropriate covenants.
ARTICLE 3.
PROCEDURE FOR THE SUBMISSION, REVIEW AND APPROVAL OF
STORMWATER MANAGEMENT AND DRAINAGE PLANS.
3.1 General - The stormwater management and drainage
plan shall be prepared by the Engineer of Record, who is a
licensed professional engineer of the State of Arkansas. No
building permits or subdivision approvals shall be issued
until and unless the stormwater management and drainage plan
has been approved by the City Engineer.
3.2 Pre - Preliminary Drainage Plan Review - A
pre-preliminary drainage plan review with the Engineering
staff is suggested before preliminary platting for the
purpose of overall general drainage concept review.
3.3 Review of Preliminary Stormwater and Drainage Plan
- A preliminary stormwater and
accompanying information shall
preliminary plat submittal. I
will be scheduled by the City
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drainage plan, and
be submitted at the time of
f needed, a review meeting
Engineer with representatives
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of the develo• , including the Engineer f Record, to
review the overall concepts included in the preliminary
stormwater and drainage plan. The purpose of this review
shall be to jointly agree upon an overall stormwater
management concept for the proposed development and to
review criteria and design parameters which shall apply to
final design of the project.
3.4 Final Stormwater Management and Drainage Plan -
Following the preliminary stormwater management and drainage
plan review, the final stormwater management and drainage
plan shall be prepared for each phase of the proposed
project as each phase is developed. The final plan shall
constitute a refinement of the concepts approved in the
preliminary stormwater and drainage plan with preparation
and submittal of detailed information as required in the
Drainage Manual. This plan shall be submitted at the time
construction drawings are submitted for approval. No final
plat is to be approved until the drainage structures
approved on the construction plans are in place and approved
by the City Engineer.
3.5 Review and Approval of Final Stormwater Management
and Drainage Plans - Final stormwater management and
drainage plans shall be reviewed by the City Engineer. If
it is determined according to present engineering practice
that the proposed development will provide control of
stormwater runoff in accordance with the purposes, design
criteria, and performance standards of these regulations and
will not be detrimental to the public health, safety and
general welfare, the City Engineer shall approve the plan or
conditionally approve the plan, setting forth the conditions
thereof.
If it is determined that the proposed development will
not control stormwater runoff in accordance with these
regulations, the City Engineer shall disapprove the final
stormwater management and drainage plan.
If disapproved, the application and data shall be
returned to the applicant for resubmittal.
(Note: Time frames for filing, review and approval of
stormwater management and drainage plans shall coincide with
time periods applicable in existing subdivision
regulations.)
ARTICLE 4.
DESIGN CRITERIA AND PERFORMANCE STANDARDS
4.1 Design Criteria - The City of Little Rock's
Stormwater Management and Drainage Manual shall be the
accepted design document. Unless otherwise provided, the
following rules shall govern the design and improvements
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with respect 0 managing stormwater runIA :
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A. Method of Determining Stormwater Runoff -
Developments where the upstream drainage area contributing
runoff is less than 200 acres should be designed using the
rational method of calculating runoff. Developments where
the area contributing runoff is between 200 and 2,000 acres
should be designed using the U.S. Soil Conservation Services
TR -55 method of calculating runoff. For developments where
the area contributing runoff is greater than 2,000 square
acres or more, the U.S. Army Corps of Engineers HEC -I
program should be used to calculate flows or discharges,
The applicant may also submit an alternative hydrograph
method of evaluation for the calculation of runoff to the
City Engineer for review and approval.
All such development proposals shall be prepared by a
licensed professional engineer of the state of Arkansas.
B. Development Design - Streets, lots, depths of
lots, parks, and of er public grounds shall be located and
laid out in such a manner as to minimize the velocity of
overland flow, allow maximum opportunity for infiltration of
stormwater to the ground, and to preserve and utilize
existing and planned streams, channels, extension basins,
and include wherever possible, streams and floodplains
within parks and other public grounds.
C. Enclosed S stems and O en Channels - Enclosed
systems an open c annels shall be esigned using the City
of Little Rock's Stormwater Management and Drainage Design
Manual.
D. Evaluation of Downstream Flooding - The
Engineer of Record should evaluate whether the proposed plan
will cause or increase downstream flooding conditions. This
evaluation should be made on the basis of existing
downstream development and an analysis of stormwater runoff
with and without the proposed development. When it is
determined that the proposed development will cause or
increase downstream flooding conditions, provisions to
minimize such flooding conditions should be included in the
design of storm management improvements. Such provisions
may include downstream improvements and /or detention of
stormwater runoff and its regulated discharge to the
downstream storm drainage system.
E. Detention - Developments also shall include
temporary detention of stormwater runoff in order to
minimize downstream flooding conditions. The following
design criteria shall govern the design of temporary
drainage facilities:
1. Storage Volume - The volume of storage
provided in the detention basin shall be sufficient to
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control the differential runoff from the 25 -year storm
frequency of six -hour duration. The differential runoff is
the volume and rate of flow of stormwater runoff discharged
from a parcel of land or drainage area which is or will be
greater than the volume and rate which pertained prior to
proposed development for redevelopment.
2. Freeboard - Detention storage areas shall
have adequate capacity to contain the storage volume of
tributary stormwater runoff with at least 6 inches of
freeboard above the water surface of flow and the emergency
spillway in a 25 -year storm. The entire structure should be
designed for discharging the major storm.
3. Outlet Control Works
(a) Outlet works shall be designed to limit
peak out -flow rates from detention storage areas to or below
peak flow rates for a 25 -year storm that would have occurred
prior to the proposed development.
(b) Outlet works shall not include any
mechanical components or devices and shall function without
requiring attendance or control during operation.
(c) Size and hydraulic characteristics shall
be such that all water and detention storage is released to
the downstream storm sewer systems within 24 hours after the
end of the design rainfall. Normal time for discharge
ranges from 3 to 24 hours.
4. Spillway - Emergency spillways shall be
provided to perm t the safe passage of runoff generated from
a 100 -year storm or greater, if appropriate because of
downstream high hazard, such as loss of life or damage to
high value property.
5. Design d Data Submittal - In addition to
complete plans, all esign data s all be submitted as
required in the detention design data submittal section of
the Drainage Manual.
6. Detention Methods - Depending upon the
detention alternative(s) selected by the Engineer of Record,
the design criteria for detention ponds shall follow those
given in the Drainage Manual.
F. Reductions in Coefficient of Runoff - If an
existing site with an existing coefficient of runoff of 1.0
(totally impervious) is developed, no on _Site detention or
in -lieu fee for detention is required. Also, if an existing
site is developed whereby the coefficient of runoff is
reduced to a lesser value, no on -site detention or in -lieu
fee is required.
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G. Alternatives to On -Site Detention 168
1. Alternative Methods - Where on -site detention
is deemed inappropriate due to local topographical or other
physical conditions, alternate methods for accommodating
increases in stormwater runoff shall be permitted. The
methods may include:
(a) Off -site detention or comparable
improvements.
(b) In -lieu monetary contributions for
channel improvements or off -site detention improvements by
the City within the same watershed. Channel improvements
shall only be used if they are an integral part of a
detailed watershed study.
2. In -Lieu Contributions to Regional or
Sub - Regional Detention - An owner may contribute to the
construction of a regional or sub - regional detention site
constructed or to be constructed in lieu of constructing
on -site detention. However, no in -lieu contributions are
allowed when existing flooding occurs downstream from the
development, or if the development will cause downstream
flooding.
3. In -Lieu Fees - The in -lieu fee contribution
shall be based upon an amount of $10,000 per Acre -Foot of
stormwater storage.
4. Excess Stormwater Storage Credit - An owner
may receive credit for excess stormwater storage (in
Acre -Feet) created on one site that may be applied to
another site within the same watershed. The transfer of
storage volume credit (in Acre -Feet) shall not be allowed if
the site where credited storage is proposed to be
transferred has an existing flooding condition downstream or
the proposed development will produce downstream flooding.
5. Regional or Sub - Regional Detention Sites -
The acquisition of regional or sub - regional detention sites
and construction of facilities thereon will be financed by
the City. Monies contributed by the owners as above
provided shall be used for regional and sub - regional
detention site studies, land acquisition and facility
construction thereof in the watershed in which the
development is located.
6. Watershed Boundaries - The boundaries of
watersheds and priority of acquisition of regional and
sub - regional detention sites in construction of detention
facilities and location thereof shall be established by the
City Engineer and approved by the Planning Commission.
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4.2 Performance Standards
A. Stormwater Channel Location - Generally acceptable
locations of stormwater runoff channels in the design of a
subdivsion may include but not be limited to the following:
1. In a depressed median of a double roadway,
street or parkway provided the median is wide enough to
permit maximum three (3) to one (1) side slopes.
2. Along the roadway, street or parkway.
3. Located along lot lines or entirely within
the rear yards of single row of lots or parcels.
4. In each of the foregoing cases, a drainage
easement to facilitate maintenance and design flow shall be
provided and shown on the plat. Drainage easement required
dimensions are shown in the Drainage Manual and shall
conform to the dimensions given. No structures shall be
constructed within or across stormwater channels without the
approval of the City Engineer.
B. Easements - Drainage easements required to
facilitate maintenance, detention and conveyance of
stormwater shall be provided and shown on the preliminary
and final plat. There are two types of easements that are
to be determined by the Engineer of Record and shown on the
preliminary final plat. These are:
1. Minor Storm Easements - Easements designed to
carry the minor storm (10 -year design frequency). The minor
storm easements are primarily for carrying flow from the
10 -year storm, maintenance access, utility locations, and
are to be kept clear of any obstructions.
2. Major Storm Easements - Privately maintained
easements designed to carry the major storm (100 -year design
frequency). The major storm easements shall be kept free of
obstructions, such as fill or fences, that would impede the
flow of the 100 -year design storm. Properly designed
landscaping that does not impede the flow of floodwater or
endanger adjacent property is acceptable.
C. Storm Sewer Outfall - The storm sewer outfall
shall be designed so as to provide adequate protection
against downstream erosion and scouring.
D. Lot Lines - whenever the plans call for the
passage and or storage of floodwater, surface runoff or
stormwater along lot lines involving the major storm system,
grading of all such lots shall be prescribed and established
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for the passage and /or storage of waters, and no structure
may be erected which will obstruct the flow of stormwater,
no fences, shrubbery, or trees planted, or changes made to
the prescribed grades and contours of the specified
floodwater or stormwater runoff channels.
E. Manholes - All sanitary sewer manholes constructed
in a floodplai o in an area designed for the storage or
passage of flood or stormwater, shall be provided with
either a watertight manhole cover or be constructed with a
rim elevation of a minimum one (1) foot above the high water
elevation of the base flood, whichever is applicable to the
specific area.
F. Floor Elevations - The floor elevation of any
occupied residence or commercial building shall be a minimum
of twelve (1211) above the land immediately surrounding the
building. The minimum floor elevation for a structure
located on the uphill side of a street shall be at or above
the crown of the adjacent street.
ARTICLE 5.
BONDS, MAINTENANCE ASSURANCES, AND DRAINAGE APPROVALS
5.1 Maintenance Agreement - A maintenance agreement
approved by the City Engineer, assuring perpetual
maintenance of stormwater management improvements shall be
agreed upon by the City and the applicant.
Maintenance of detention ponds (wet type) shall be the
responsibility of the owner of record and /or the property
owners' association.
Maintenance of detention basins (dry type) shall be the
responsibility of the owner of record and /or property
owners' association. The City shall have the primary right
to remove sediment when the basin's function is impaired.
The owner of record and /or property owners' association
shall be responsible for all other maintenance, plantings,
reseeding, or resodding. The owner shall also be
responsible for removing and replacing any landscaping,
playground equipment, or other facilities within the basin.
5.2 Maintenance Bond - A one -year maintenance bond
against defects in workmanship shall be required by the City
Engineer for any portion of the stormwater management
improvements dedicated to the public.
5.3 Drainage Permits and /or Approvals - Upon approval
of the final stormwater management and drainage plan, and
acceptance and the applicant's assurances of performance and
maintenance as provided in these regulations, the City
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Engineer shall approve the plan. Project approval shall be
issued in the name of the applicant who shall then be known
and thereafter be referred to as the permittee. An approved
permit shall set forth the terms and conditions of the
approve stormwater management and drainage plan.
5.4 Engineer of Record - Should the original Engineer
of Record be prevented from completing the project, the
Permittee shall employ another qualified engineer and notify
the City Engineer immediately.
ARTICLE 6.
ENFORCEMENT
6.1 General - It shall be the duty of the City Engineer
to bring to the attention of the City Attorney any violation
or lack of compliance herewith.
6.2 Violations and Penalties - Any Permittee (person,
firm or corporation) who fails to comply with or violates
any of these regulations shall be guilty of a misdemeanor
and upon conviction thereof shall be fined not less than
$100 per day and not more than $500 per day.
6.3 Inspection - The City Engineer shall be responsible
for determining whether the stormwater management and
drainage plan is in conformance with the requirements
specified by the City's Stormwater Management and Drainage
Manual. Also, the City Engineer s all be responsible for
determining whether the development plan is proceeding in
accordance with the approved drainage plan. Periodic
inspection of the development site shall be made by the City
Engineer's office. Through such periodic inspections, the
City Engineer's office shall ensure that the stormwater
management and drainage plan is properly implemented and
that the improvements are maintained.
6.4 Remedial Work - If it is determined through
inspection that the development is not proceeding in
accordance with the approved stormwater management and
drainage plan, and drainage and /or building permit, the City
Engineer shall immediately issue written notice to the
permittee and the surety of the nature and location of the
alleged noncompliance, accompanied by documentary evidence
demonstrating noncompliance and specifying what remedial
work'is necessary to bring the project into compliance. The
permittee so notified shall immediately, unless weather
conditions or other factors beyond the control of the
permittee prevent immediate remedial action, commence the
recommended remedial action and shall complete the remedial
work within 72 hours or within a reasonable time as
determined in advance by the City Engineer. Upon
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satisfactory completion of remedial work, the City Engineer
shall issue a notice of compliance and the development may
proceed.
Revocation of Permits or Approvals; Stop Orders -
The City Engineer after giving five days written notice, may
revoke the permit issued pursuant to the regulations for any
project which is found upon inspection to be in violation of
the provisions of these regulations, and for which the
permittee has not agreed to undertake remedial work as
provided in Section 6.4. Drainage and /or building permits
may also be revoked if remedial work is not completed within
the time allowed. Upon revocation of a permit or approval,
the City Engineer shall issue a stop work order. Such stop
work order shall be directed to the permittee and he shall
immediately notify persons owning the land, developer, and
those persons or firms actually performing the physical work
of clearing, grading, and developing the land. The stop
work order shall direct the parties involved to cease and
desist all or any portion of the work on the development for
a portion thereof which is not in compliance, except such
remedial work necessary to bring the project into
compliance.
ARTICLE 7.
GENERAL PROVISIONS
.1 Interpretation, Conflict and Severabili
In
A. Interpretation - In their interpretation and
application, the provisions of these regulations shall be
held to be the minimum requirements for the promotion of the
public health, safety and general welfare.
B. Conflict with Public and Private Provisions -
These regulations are not intended to interfere with,
abrogate, or annul any other ordinance, rule or regulation,
statute or other provision of law. Where any provision of
these regulations imposes restrictions different from those
imposed by any other provision of these regulations or any
other ordinance, rule or regulation, or other provision of
law, whichever provisions are more restrictive or impose
higher standards, shall control.
.Private Provisions -
to abrogate any easement,
agreement or restriction,
of these regulations are
standards or regulations
other private agreement c
These regulations are not intended
covenant or any other private
provided that where the provisions
more restrictive or impose higher
that such easement, covenant or
r restriction, the requirements
these regulations shall govern. Where the provisions of
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of
the
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easement, covenant or private agreement or restriction
imposed duties and obligations more restrictive, or higher
standards than the requirements of these regulations, and
such private provisions are inconsistent with these
regulations or determinations thereunder, then such private
provisions shall be operative and supplemental to these
regulations and determinations made hereunder.
C. Severability - If any part of provision of these
regulations or application thereof to any person or
circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its
operation to that part, provision, or application directly
involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the
validity of the remainder of these regulations or the
application hereof to other persons or circumstances. The
governing body hereby declares that it would have enacted
the remainder of these regulations even without any such
part, provision or application found to be unlawful or
invalid.
7.2 Saving Provision - These regulations shall not be
construed as abating any action now pending under, or by
virtue of, prior existing regulations, or as discontinuing,
abating, modifying, or altering any penalty accruing or
about to accrue, or as effecting the liability of any
person, firm or corporation, or as waiving any right to the
City under any section or provision existing at the time of
adoption of these regulations, or as vacating or annulling
any rights obtained by any person, firm, or corporation by
lawful action of the City, except as shall be expressly
provided for in these regulations.
7.3 Amendments - For the purpose of providing for the
public health, safety and general welfare, the governing
body may, from time to time, amend the provisions of these
regulations. The Public Works Department has the
responsibility for updating on a continuing basis, the
Drainage Manual.
7.4 Appeals - Any persons aggrieved by a decision of
the City E g eer may appeal any order, requirement,
decision, or determination to the Planning Commission. The
next step in the process would be to a court of competent
J
urisdiction in accordance with the laws of Pulaski County
=and the state of Arkansas.
ARTICLE 8.
LIABILITY
8.1 Disclaimer of Liability - The performance standards
and design cr terra set forth he and in the Drainage
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6 r
Manual establish minimum requirements which must be
implemented with good engineering practice and workmanship.
Use of the requirements contained herein shall not
constitute a representation, guarantee, or warranty of any
kind by the City, or its officers and employees of the
adequacy or safety of any stormwater management structure or
use of the land. Nor shall the approval of the stormwater
management and drainage plan imply that the land uses
permitted will be free from damages caused by stormwater
runoff. The degree of protection required by these
regulations is considered reasonable for regulatory purposes
and is based on historical records, engineering and
scientific methods of study. Larger storms may occur or
stormwater runoff heights may be increased by man -made or
natural causes. These regulations, therefore, shall not
create liability on the part of the City or any officer or
employee with respect to any legislative or administrative
decision lawfully made hereunder.
PASSED: December 4, 1984
ATTEST: APPROVED:
CiVy Clerk Jalhe Czech ayor J. 6. Be afield
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