14243ORDINANCE NO, _ 15,243
• (EXCAVATION ORDINANCE)
AN ORDINANCE AMENDING ORDINANCE NO. 14,780
(STORMWATER MANAGEMENT AND DRAINAGE ORDINANCE)
BY INSERTING A NEW ARTICLE 5A ESTABLISHING
STANDARDS AND SPECIFICATIONS FOR CONTROL OF LAND
ALTERATION ACTIVITIES INCLUDING GRADING, CUTS,
FILLS AND CLEARING; ESTABLISHING THE PROCEDURE FOR
APPROVING AND ISSUING PERMITS; PROVIDING SITE
GRADING AND DRAINAGE PLAN GUIDELINES AND
SPECIFICATIONS; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS.
SECTION 1. That Ordinance No. 14,780 (Stormwater
Management and Drainage Ordinance), enacted December 4,
1984, is hereby amended by adding thereto a new Article 5A
reading as follows:
ARTICLE 5A
LAND ALTERATION REGULATIONS
The City of Little Rock has in the
past experienced development activity causing the
displacement of large amounts of earth and tree cover.
Significant problems resulting from such development have
been flooding, soil erosion and sedimentation, unstable
slopes, and impaired quality of life. These problems are a
concern because of their negative effects on the safety and
general welfare of the community.
The purposes of this Ordinance are to
prevent excessive grading, clearing, filling, cutting or
similar activities; to substantially reduce flooding,
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1 erosion and sediment damage within the City of Little Rock;
2 to safeguard the safety and welfare of citizens; to
3 establish reasonable standards and procedures for
4 development which prevent potential flooding, erosion and
5 sediment damage; to prevent the pollution of streams, ponds
6 and other watercourses by sediment; to minimize the danger
7 of flood loss and loss due to unstable slopes; and to
8 preserve natural vegetation which enhances the quality of
9 life of the community.
10
11 5As���erai_R�gyi ;em��t� - Persons engaged in land
12 alteration activities regulated by this Ordinance shall take
13 measures to protect neighboring public and private
14 properties from damage by such activities. The require -
15 ments of this ordinance, however, are not intended to
16 prevent the reasonable use of properties as permitted by the
17 Zoning Ordinance.
18
19 _Aythopi -ty - Except as exempted by
20 Section 5A.5, any person, firm, corporation or business
21 proposing to engage in grading, clearing, filling, cutting,
22 quarrying, construction or similar activities regulated by
23 this Ordinance shall apply to the City Engineer for approval
24 of plans and issuance of a grading permit as specified in
25 this Ordinance. No land shall be altered to the extent
26 herein regulated unless such a permit is issued.
27
28 A grading permit is required for large or extensive
29 land alteration activities specified in the next paragraph.
30 However, all construction work shall include appropriate
31 drainage and erosion control measures to protect neighboring
32 properties. Also, all properties within the designated
33 floodplain shall be required to obtain a grading permit
34 without exception.
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2.
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1 Grading permits, which may be obtained as part of a
2 building permit, shall be required for any of the following
3 activities on land zoned or intended for commercial,
4 industrial, office, multi - family or institutional use,
5 unless exempted in Section 5A.5:
6
7 A. A hillside cut greater than 15 feet vertical with
8 a proposed slope greater than one and one -half
9 foot horizontal to one foot vertical (34 degrees)
10 or a fill resulting in an embankment with a slope
11 greater than one and one -half foot horizontal to
12 one foot vertical (34 degrees) and with a height
13 greater than 15 feet vertical. Vertical distances
14 shall be measured from the top and toe of a cut or
15 fill.
16
17 An application for any such activity shall be
18 reviewed by the City Engineer and approved by the
19 Planning Commission, prior to .issuance of a
20 permit.
21
22 B. Grading, filling, hillside cutting, quarrying,
23 construction or similar activities involving more
24 than five acres of such activities, unless .
25 exempted by Section 5A.5 of this Ordinance.
26
27 C. Clearing or cutting of trees covering 25 percent
28 or more of a tract, subject to the following
29 limits:
30 1. The area of clearing and cutting must exceed
31 one acre in size before a grading permit
32 is required; and
33 2• Five acres is the largest area of clearing
34 or cutting that can occur without a grading
35 permit, even if the area of clearing and
36 cutting is less than 25 percent of a tract.
3.
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D. Any construction activity where the total volume
of cut or fill is equal to or greater than 3,000
cubic yards.
Prior to issuance of a grading permit, a Grading and
Drainage Plan must be submitted to and approved by the City
Engineer for activities specified in Subsections B, C, and D
of this Section.
E. Sketch Grading and Drainage Plan
1. A Sketch Grading and Drainage Plan may be
submitted for authorization to the City
Engineer for agricultural uses or forestry
activities on land owned by a forest - related
industry.
2. When the application is for a planned unit
development, conditional use permit, site
plan review, subdivision, or multiple
building site approval, a Sketch Grading and
Drainage Plan shall be required in the
application to the Planning Commission only
if any of the activities specified in
Subsections A thru D of this Section are
involved.
F. One -Time Approvals
1. Utility organizations may obtain a one -time
approval from the City Engineer for all
routine tree trimming and installation,
maintenance, replacement and repair of fence
and sign posts, telephone poles and other
kinds of posts or poles and overhead or
4.
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1 underground electric, water, sewer, natural
2 gas, telephone or cable facilities. The
3 approval will include a utility organization
4 and its contractors, agents or assigns and
5 will be permanent in nature as long as the
6 original approved procedures are followed.
7
8 However, large -scale utility projects
9 involving clearing of areas over 25 feet in
10 width shall not be authorized by one -time
11 approval of all projects. In such cases, a
12 separate grading permit must be obtained for
13 each project. The land use shall be
14 considered to be equivalent to industrial
15 uses covered by the provisions of this
16 ordinance.
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18 2. One -time approval may be obtained by public
19 or private entities for the stock piling of
20 construction spoil material at particular
21 locations.
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23 5As5__Eemptg - A grading permit shall not be
24 required for:
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26 A. Construction of a single - family residence.
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28 B. Previously platted single - family residential
29 subdivisions including those for which preliminary
30 plat approval was given prior to the adoption of
this Ordinance.
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33 C. All land alterations totaling five contiguous
34 acres or less, except where such five -acres or
less is part of a larger area of common owner -
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ship that will be altered, and except where any of
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the activities specified in Subsections A, C and
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D of Section 5A.4 above is involved.
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D.
Emergency work or repairs to protect life, limb
5
or property.
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E.
Mining and mining operations. These fall under
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the Open Cut Land Reclamation Act, which is
9
regulated by the Arkansas Department of Pollution
10
Control and Ecology.
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�A�6__
P3o��a95g _R�9ui��_�4i_3��y�1�g_4_a_Pemit - For
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each grading and drainage permit to be issued, the following
14
procedure
must be followed:
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A.
Grading and Drainage Plan.
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The Plan shall include erosion and sediment
19
control provisions meeting standards established
20
by the Department of Public Works in the
21
Stormwater Management and Drainage Manual.
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B.
Approval.
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The City Engineer shall in writing approve,
25
disapprove or recommend modification of the
26
Grading and Drainage Plan within 10 working days
27
after the date of submittal, unless Planning
28
Commission approval is required or a Sketch
29
Grading and Drainage Plan must be submitted as
30
part of a Planning Commission application.
31
Failure of the City Engineer to act upon a Plan
32
within the required 10 working days shall result
33
in automatic approval of the Plan.
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All applications for which Planning Commission
2
approval is required shall be placed on the next
3
available Planning Commission agenda after the
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10 day review period. Sketch Grading and Drainage
5
Plans shall be reviewed and reported upon by the
6
City Engineer by the time of the applicable
7
Subdivision Committee meeting, if possible, but
8
not later than the applicable Planning Commission
9
meeting. Except for residential subdivision work,
10
the approval of a Sketch Grading and Drainage Plan
11
shall not eliminate the need to submit and have
12
approved a complete Grading and Drainage Plan,
13
prior to issuance of a building permit or the
14
initiation of work. For residential subdivision
15
work, only a Sketch Grading and Drainage Plan
16
shall be required, and clearing and grading work
17
may proceed prior to approval of construction
18
drawings. The Sketch Plan for residential sub -
19
divisions must indicate how runoff, erosion, and
20
sedimentation will be controlled only during
21
street construction.
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C. Issuance of Grading Permit.
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Upon approval of the final Plan, the Department of
26
Public works shall issue a grading permit. A stop
27
order may be issued by the City Engineer if, upon
28
inspection, he determines that the work is not
29
progressing in accordance with the approved Plan.
30
The City Engineer may allow modifications of the
31
Plan to alleviate problems encountered by the
32
applicant during the process of construction. In
33
reviewing applications for modifications, the
34
City Engineer may require from the applicant's
engineer, architect, or landscape architect
35
appropriate reports and data sufficient to make a
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1 decision. Major changes to Plans approved by the
2 Planning Commission either in sketch or final form
3 shall not be permitted without resubmittal to the
4 Commission. Examples of major changes are those
5 that substantially increase the height of cuts,
6 the area of clearing or grading, or impacts on
7 neighboring properties. More than a twenty
8 percent increase in height, area or impact will
9 normally be considered a major change. Examples
10 of increased impacts include reductions in
11 buffer area, increased cubic feet of runoff on
12 adjacent properties, and increased site area that
13 is visible from adjacent properties or a public
14 street.
15
16 5As1__ Grading _�nd_D�ain�g�_�1�n_S9i��iin?8 -
17 Preparation of Grading and Drainage Plans shall follow the
18 Stormwater Management and Drainage Manual adopted by the
19 Department of Public Works and shall be evaluated on the
20 basis of the following considerations:
21
22 A. Limiting cuts to 15 feet in height unless
23 geotechnical information demonstrating slope
24 stability, erosion control, and drainage control
25 is provided, together with a plan for landscaping
26 portions of the cut area. A series of smaller
27 cuts with terraces, reserving portions of natural
28 vegetation and providing areas for planting should
29 be considered in situations where more than 15
30 feet of cut is needed. It is recommended that
31 terracing be at a maximum ratio of one to one,
32 i.e. at least one foot of horizontal terrace for
33 every foot of vertical surface with a maximum of
34 10 vertical feet allotted.
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B.
Planning of development to fit topography,
2
soils, geology, hydrology, and other existing
3
site conditions;
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C.
Providing for safety against unstable slopes or
6
slopes subject to erosion and deterioration, in
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in order to protect human lives and property;
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D.
Grading to complement natural land forms;
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E.
After grading, accomplishing all paving, seeding,
12
sodding, or mulching in accordance with a
13
reasonable schedule approved by the City
14
Engineer.
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F.
Allocating to open space and recreation uses
16
those areas not well suited to development, as
17
evidenced by existing competent soils, geology,
18
and hydrology investigations and reports;
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G.
Minimizing the potential for soil loss by
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retaining natural vegetation wherever possible;
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H.
Making appropriate provisions such as those in the
City's Stormwater Management and Drainage Manual
24
to accommodate stormwater runoff and soil loss
25
occasioned by changed soil and surface conditions
26
during and after development, including the use of
27
vegetation and limitations on soil exposure;
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I.
Scheduling permanent improvements such as streets,
30
storm sewers, curb and gutters, and other features
31
for control of storm runoff as soon as economi-
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cally and physically feasible (not up front),
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before removing vegetation cover from the area, so
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that large areas are not left bare and exposed for
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long periods of time, beyond the capacity of 3
temporary control measures; and
J. Installing and maintaining temporary or permanent
sediment basins, debris basins, desilting basins
or silt traps to specifically reduce sediment from
runoff water.
K. Maintaining where feasible a perimeter strip,
undisturbed except for reasonable access, around
areas cleared of trees covering 25 percent or
more of a tract, the perimeter standard being
a 25 foot perimeter strip for sites over one
acre in size. In addition, a strip at least
25 feet wide, undisturbed except for reasonable
access, should be provided where feasible on
each side of a stream with a 10 year storm
greater than 150 cubic feet per second on such
sites. The 25 foot strip should be measured
from the top of the bank.
���8__UIIifigd_g�aIl_aIl�_�g�mit - One plan may be
submitted incorporating provisions for compliance, where
applicable, with the City's landscaping, drainage detention,
grading, clearing, filling,.cutting, quarrying, and
construction requirements. One permit may be issued to
cover all of these requirements.
in an application to comply with
any of the City's requirements specified in this Section,
the applicant must declare large or extensive land
alterations described in subsections A, B, C and D of
Section 5A.4 of this Ordinance.
A fee for each grading permit shall be
paid as set forth in the table below to the City Collector
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by each person seeking a permit for land alteration
activities. The permit fee is to defray the costs of
reviewing the site Grading and Drainage Plan, making
on -site inspections, and providing the other services
required in the administration of this Ordinance. No
fee shall be required in connection with a Sketch Grading
Plan filed as part of an application to the Planning
Commission or in connection with a one -time approval.
TABLE 17.1 GRADING PERMIT REVIEW AND INSPECTION FEES
Tota] _ProjgD1_Uga
Less than 1/2 acre
1/2 acre to 1 acre
Greater than 1 acre
Faa
$25.00 per permit
$40.00 per permit
$50.00 per acre up to
a maximum of $250.00
5A ,11_3} §pe�tog_an�_�Q�p�ianpg - The City Engineer
shall be responsible for determining whether construction is
proceeding according to the Grading and Drainage Plan.
A. Inspections of the development site shall be
performed by Department of Public Works
inspectors. In applying for a grading permit,
the applicant shall be deemed to have consented
to such inspections.
B. The City Engineer, through such periodic
inspections, shall ensure that erosion control
measures are implemented within one week after
cessation or completion of all or portions of
authorized work. The City Engineer may where
necessary order remedial work or issue a stop
11.
1 order in accordance with the procedures in
2 Sections 6.4 and 6.5 of the Stormwater Management
3 and Drainage Ordinance.
4
5 5A,12Appea�� - Final decisions of the City Engineer
6 regarding Grading and Drainage Plans shall be subject to
7 review by the Planning Commission, provided an appeal is
8 filed by the applicant within 30 days after the date of the
9 final written decision. All appeals shall be reviewed by
10 the Subdivision Committee prior to Planning Commission
11 action. Notice of the appeal shall be given to adjacent
12 property owners, including those across a street or alley
13 from the subject property, at least 10 days prior to the
14 Planning Commission meeting at which the appeal is to be
15 considered. Said notice shall be by certified mail and
16 shall be the responsibility of the applicant.
17
18 - In
19 addition to the fine specified in Section 6.2 of the
20 Stormwater Management and Drainage Ordinance, any person,
21 firm, or corporation which engages in land alteration
22 activities regulated by this Ordinance without obtaining a
23 grading permit shall be required to restore the land, to the
24 maximum extent possible, to its original condition by
25 planting and maintaining grass and trees with trunks at
26 least two inches in diameter (measured one foot above ground
27 level) in accordance with accepted spacing standards and by
28 under- taking other restoration activities determined to be
29 feasible by a court of law. Since complete restoration of
30 disturbed areas may not be possible within a reasonable
31 period of time, the violator also shall pay a fee where
32 appropriate in an amount necessary, as determined by the
33 City Engineer, to cover the cost of the City implementing
34 measures to mitigate any potential flooding, erosion, or
5 sediment damage resulting from the violation. All fines
3
35 received as a result of illegal land alteration activities
12.
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1 shall be placed in a special fund to be administered by the
2 City Manager. The fund shall be used for the purpose of
3 restoring disturbed lands, mitigating damages resulting from
4 violations, or otherwise making drainage improvements or
5 planting vegetation in the general vicinity of violations.
6
7 5As14__Appgt��3 - Appendix A of this Ordinance contains
8 the specifications for a Sketch Grading and Drainage Plan
9 and a complete Grading and Drainage Plan. Said Appendix A
10 is attached hereto and made a part of this Ordinance.
11
12 SECTION 2. Definitions for terms contained in Appendix
13 B of this Ordinance shall be inserted in alphabetical order
14 into Section 1.6 (Definitions) of Ordinance No. 14,780
15 (Stormwater Management and Drainage Ordinance).
16
17 SECTION 3. All prior ordinances or parts of ordinances
18 inconsistent with this ordinance are hereby repealed to the
19 extent of their inconsistency.
20
21 SECTION 4. This Ordinance shall take effect and be in
22 full force 30 days from and after its passage and approval.
23
24
25 PASSED:_ February 17,11987 -
26
27 __ APPROVE .
ATTEST:____ _ _ - - - - --
28 Cit Clerk Jan Czech yor Lo tie Shackelford
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31 APPROVED AS TO FORM: _ _ ___ ____ _ ______________________
C' y Attorney
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1
�gPENI�3�i-A-=- �.EE�3>! 3�T34N�
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SECTION
Al. Sketch Grading and Drainage Plan. A
4
Sketch Plan shall identify the following:
5
6
A.
Acreage of the proposed project.
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B.
Land areas to be disturbed, shown by hatching
9
or specking such areas which will be graded,
10
cut, filled, or cleared.
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C.
Stages of grading showing the limits of
13
sections to be graded and indicating the
14
approximate order of development.
15
16
D.
The extent of cuts and fills, shown by
17
drawing a dashed line along the top of the
18
cut and toe of the fill and marking the
19
lines "C" and "F ". The height and slope
20
of cuts and fills also shall be indicated.
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22
E.
Provisions for collecting and discharging
23
surface water.
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F.
Erosion and sediment measures, including
26
structural and /or vegetative measures.
27
G.
Seal and signature of a registered engineer,
28
architect, or landscape architect which
29
certify that the Sketch Grading and Drainage
30
Plan complies with the Ordinance. However,
31
plans for areas less than 5 acres where cuts
32
or fills are not greater than 25 feet in
33
height may be prepared by a contractor or the
34
property owner.
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14.
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1 SECTION A2. Grading and Drainage Plan. In addition to
2 the requirements for a Sketch Grading and Drainage Plan, a
3 complete Grading and Drainage Plan shall include the
4 following:
5
6 A. Seal of a registered engineer certifying that the
7 Grading and Drainage Plan complies with the
8 Ordinance. The seal of a registered architect
9 or landscape architect will be acceptable if all
10 required boundary street and drainage improve -
11 ments are in place.
12
13 B. A vicinity drawing showing: location of property
14 lines; location and names of all existing or
15 platted streets or other public ways within or
16 immediately adjacent to the tract.
17
18 C. Location of all known existing sewers, water
19 mains, culverts and underground utilities within
20 the tract and immediately adjacent thereto;
21 location of existing permanent buildings on
22 or immediately adjacent to the site if right of
23 entry can be obtained to locate same.
24
25 D. Citation of any existing legal rights -of -way or
26 easements affecting the property.
27
28 E. Soil loss calculations as estimated by the
29 Universal Soil Loss Equation (see definition in
30 Appendix B). Allowable soil loss shall not
31 exceed 5 tons per acre per year. Examples of
32 soil loss calculations are contained in the
33 Stormwater Management and Drainage Manual of
34 the Department of Public Works.
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15.
IN
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F. A plan of the site at a minimum scale of 1 inch =
2
100
feet showing:
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4
1.
Address and telephone number of the owner,
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developer, and person responsible for
6
maintenance of the temporary and /or
7
permanent erosion and sediment control
8
measures.
9
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2.
The approximate location and width of
11
proposed streets.
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3.
The approximate locations and dimensions of
14
all proposed or existing lots.
15
16
4.
The approximate locations and dimensions of
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all parcels of land proposed to be set aside
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for parks, playgrounds, natural condition
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perimeters, public use, or for the
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use of property owners in the proposed
21
development.
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5.
Existing topography at a maximum of five -foot
24
contour intervals.
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6.
Proposed topography at a maximum of five -foot
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contour intervals.
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7.
An approximate timing schedule, indicating
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the anticipated starting and completion dates
31
of the development; a timing schedule for the
32
sequence of grading and application of
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erosion and sediment control measures.
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8.
Acreage of the proposed project.
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IN
17.
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1
9.
Identification of unusual material or soils
2
in land areas to be disturbed. If any
3
surface indications of unusual materials or
4
soils that would cause street or lot
5
instability, such as nonvertical tree growth,
6
old slides, seepage, or depressions in the
7
soil are visible before grading,they should
8
be noted and accompanied by the engineer's,
9
architect's, landscape architect's, or
10
contractor's recommendation for correcting
11
such problem areas.
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13
10.
Identification of suitable material to be
14
used for fills shall be accomplished before
15
actual filling begins. If there are any
16
surface indications that local material is
17
not suitable for fills, those areas to be
18
filled with outside material should be
19
identified and the type and source of the
20
fill material noted.
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22
11.
Specification of measures to control runoff,
23
erosion and sedimentation during the process
24
of construction, noting those areas where
25
control of runoff will be required during
26
construction and indicating what will be
27
used, such as straw bales, silt dams, brush
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check dams, lateral hillside ditches, catch
29
basins, etc.
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12.
Measures to protect neighboring built -up
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areas and City property during the process
of construction, noting work to be performed,
33
such as cleaning existing ditches, storm
34
culverts and catch basins or raising
35
existing curbs in neighboring areas.
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17.
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13. Provisions to stabilize soils and slopes
3
after completion of streets, sewers and other
4
improvements, noting on the grading plan when
5
and where ground cover will be planted, also
6
noting any other means to be used such as
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placement of stone embankments and riprap or
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construction of retaining walls.
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18.
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1 AR EEDIX- $-=- PENIN.1 TJ0.5
2
3 The following terms utilized in this Ordinance shall be
4 defined as provided below:
5
6 Agriculture - All farm enterprises such as: crop land,
7 forage production; animal husbandry, dairy and poultry; and
8 floriculture.
9
10 Developer - A person, partnership or a corporation
11 engaged in land alteration activities which are not excluded
12 by the Exemption Section of this Ordinance.
13
14 Land Alteration - The process of grading, clearing,
15 filling, cutting, quarrying, construction or similar
16 activities, unless excluded by the Exemption Section of this
17 Ordinance.
18
19 Erosion - The wearing away of land by action of wind,
20 water or gravity.
21
22 Forestry Operation - An operation conducted on land
23 owned or leased by a major forestry industry corporation for
24 the systematic harvest of timber.
25
26 Grading and Drainage Plan - The plan required before a
27 grading permit can be issued.
28
29 Mulching - The application of plant or other suitable
30 materials on a soil surface to conserve moisture, reduce
31 erosion, and aid in establishing plant cover.
32
33 Sediment - Rock, sand, gravel, silt, clay or other
34 material deposited by action of wind, water or gravity.
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19.
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wr w ■w w w ■� w ■� w w w �w w w
1
Sedimentation Basin - The storage area
created by a
2
barrier or dam built across a waterway or at
other suitable
3
locations to retain rock, sand, gravel, silt,
clay or other
4
material.
5
6
Universal Soil Loss Equation - A method
developed by
7
the Agricultural Research Service, USDA, and
used to
8
estimate soil erosion based on a rainfall, soil
erodibility,
9
slope of the land, length of slope and plant
cover. The
10
basic form of the equation is:
11
12
E= R K L S C P
13
Where: E = soil loss, in tons per acre
per year
14
R = rainfall factor
15
R = soil erodibility factor
16
LS = slope length gradient factor
17
C = vegetative cover factor
18.
P = conservation practice factor
19
20
Examples of soil loss calculations are contained
in the
21
Stormwater Management and Drainage Manual of
the Department
22
of Public Works.
23
24
25
26
27
28
29
30
31
32
33
34
35
36
20.
M
40