HomeMy WebLinkAbout18361CM7 4Z7 VW WIWI
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1 ORDINANCE NO. 18,361
2 1
3 AN ORDINANCE AMENDING CHAPTER 29 OF LITTLE
4 ROCK, ARK. REV. CODE (1988) PROVIDING FOR THE
5 AMENDMENT OF ARTICLE I "IN GENERAL ", SECTION 29 -1,
6 DEFINITIONS, BY ADDING THE DEFINITION OF
7 "CLEARING" AND BY AMENDING THE DEFINITION OF
8 "LAND ALTERATION "; DELETING ARTICLE VI. "LAND
9 ALTERATION REGULATIONS" ENTIRELY' AND
10 SUBSTITUTING REPLACEMENT PROVISIONS THEREFOR;
11 AND FOR OTHER PURPOSES.
12
13 WHEREAS, the City has experienced development activity causing the
14 displacement of tree cover and large amounts of earth, and
15 WHEREAS, significant problems have resulted from such development and
16 impaired the quality of life such that the general appearance of the City has been
17 compromised; and
18 WHEREAS, these problems are a concern because of their negative impact on
19 the community, and
20 WHEREAS, a citizen task force composed of interested citizens has met for
21 more than two years in an effort to revise the City provisions for land alteration under
22 Chapter 29, and
23 WHEREAS, the task force, representative of the real estate development
24 community and staff, have agreed upon and drafted new provisions for land
25 alteration, and
26 WHEREAS, the revised Chapter 29 was unanimously approved by the Little
27 Rock Planning Commission, and the Board of Directors desires to adopt the new
28 provisions as set forth below for the health, safety and welfare of the City.
I NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
2 DIRECTOR OF THE CITY OF LITTLE ROCK, ARKANSAS:
3 SECTION 1. Article I of Chapter 29 of Little Rock, Ark. Rev. Code (1988)
4 ( "LRC" ), Section 29 -1 "Definitions" is amended to add the following definitions:
5 Clearing means the act of cutting, removing from the ground, burning,
6 damaging or destroying trees, stumps, hedge, brush, roots, logs, or scalping existing
7 vegetation.
8 Land alteration means the process of grading, clearing, filling, excavating,
9 quarrying, tunneling, trenching, construction or similar activities, unless excluded by
10 section 29 -187.
11 SECTION 2. Article VI. of Chapter 29 is deleted in its entirety and replaced
12 with the following provisions:
13 ARTICLE VI. LAND ALTERATION REGULATIONS
14 DIVISION 1. GENERALLY
15 Sec. 29 -166. Penalty.
16 Any person convicted of a violation of any of the provisions of this chapter
17 shall be punished as provided in section 1 -9.
18 Sec. 29 -167. Findings.
19 The city has experienced development activity causing the displacement of
20 large amounts of earth and tree cover. Significant problems resulting from such
21 development include flooding, soil erosion and sedimentation, unstable slopes, and
22 impaired quality of life. These problems are a concern because of their negative
23 effects on the safety and general welfare of the community.
24 Sec. 29 -168. Purpose.
25 The purposes of this chapter are to:
26 (1) Prohibit the indiscriminate clearing of property.
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1 (2) Prevent excessive grading, clearing, filling, cutting or similar 897
2 activities.
3 (3) Substantially reduce flooding, erosion and sediment damage
4 within the city.
5 (5) To safeguard the safety and welfare of citizens.
6 (6) Establish reasonable standards and procedures for development
7 which prevent potential flooding, erosion and sediment damage.
8 (7) Prevent the pollution of streams, ponds and other watercourses
9 by sediment.
10 (8) Minimize the danger of flood loss and property loss due to
11 unstable slopes.
12 (9) Preserve natural vegetation which enhances the quality of life of
13 the community.
14 (10) To conceal hillside scars.
15 (11) To preserve the contours of the natural landscape and land
16 forms.
17 Sec. 29 -169. General requirements.
18 Persons engaged in land alteration activities regulated by this chapter shall take
19 measures to protect neighboring public and private properties from damage by such
20 activities. The requirements of this chapter, however, are not intended to prevent the
21 reasonable use of properties as permitted by chapter 36 of this code.
22 Sec. 29 -170. Violation, Enforcement and Penalties.
23 (a) Violations of any provisions of this chapter shall be punishable as provided
24 in section 1 -9 of this code, except that the continuing violation provisions of section
25 1 -9 (c) shall not apply unless (1) an approved plan for correction of the violation(s)
26 has not been implemented by the responsible party within the time specified in the
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plan, or (2) the responsible party fails to submit a required plan within the time
2 specified.
3 (b) The responsible party shall be liable for all fines levied or remedial action
4 required under this chapter. Each required tree removed or improperly preserved or
5 any other activity proscribed by this chapter shall be a separate violation. Each
6 violation shall be considered a separate offense.
7 (c) Any person who engages in land alteration activities regulated by this
8 chapter without obtaining a grading permit, shall be required to restore the land, to
9 the maximum extent practicable to its original condition.
10 (d) When a violation of this chapter is determined to exist, the city official shall
11 issue written notice of violation to the responsible party. The notice shall specify
12 those sections of this chapter which are determined to be violated and shall include
13 the time and conditions under which the violation(s) shall be corrected. If the
14 responsible party has been issued other written orders within the previous twelve- (12)
15 month period, the notice may require the violation(s) to be corrected within twenty-
16 four (24) hours. If, the city official determines the current season of the year is not
17 conducive to sustaining life for trees, the time compliance with these provisions may
18 be extended for not more than one hundred twenty (120) days.
19 (e) The responsible party shall have a maximum of thirty (30) days from the
20 date of the written notice to appeal to the Planning Commission as provided in
21 Section 29 -195.
22 (0 If the responsible party fails to comply with the written notice of violation
23 the city official may issue a stop work order and citation, as provided in section 29 -10
24 and revoke all permits including the building permit and certificate of occupancy.
25 Additionally, when the city official determines that an emergency exists, a stop work
26 order to immediately cease and desist may be issued.
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1 (g) The permit applicant shall have on the project site at all times an agent who
2 is a competent superintendent capable of reading and thoroughly understanding the
3 plans, specifications and requirements for areas of tree protection for the type of work
4 being performed. The superintendent shall have full authority to issue orders or
5 direction to employees working on site, without delay and to promptly supply such
6 materials, labor, equipment, tools, and incidentals as may be required to complete the
7 work in a proper manner. If no superintendent is on site, the city official may issue
8 the notice of violation and stop work order to the person conducting the violation.
9 (h) Removal of trees with a diameter of six (6) inches or greater, that have been
10 removed without a grading permit or trees required in an approved plan that have
I 1 been removed or which die shall be considered a violation.
12 (i) If a land alteration activity causes damage to off -site property or water, the
13 developer shall require mitigation by the responsible parties.
14 Sec. 29 -171. Conflicts.
15 Where provisions of this chapter conflict with any other ordinance, regulation,
16 or resolution of the City, the most stringent provision shall be enforced. The
17 provisions of this chapter are considered minimum requirements.
18 DIVISION 2. GRADING PERMIT AND
19 GRADING AND DRAINAGE PLAN
20 Sec. 29 -186. Grading Permit Required.
21 (a) Any person proposing to engage in clearing, filling, cutting, quarrying,
22 construction or similar activities regulated by this chapter shall apply to the
23 Department of Public Works for a grading permit as specified in this chapter. A
24 landscape permit as required in Chapter 15 shall be obtained from the city before
25 constructing or expanding a vehicular use area. Additionally, a permit is required
26 when expanding or rehabilitating a building and landscaping is required under this
27 chapter. Except as otherwise provided in Chapter 15, the responsible party shall not
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1 allow the removal of more than seven (7) trees within any given twelve 02) month
2 period without first obtaining a grading permit. The city official may exempt the need
3 for the permit on a limited case -by -case basis. No land shall be altered or cleared to
4 the extent regulated in this chapter unless approved by a permit.
5 (b) No land alteration shall be permitted until all necessary city approval of all
6 plans and permits, except building permit, have been issued and construction is
7 imminent. Clearing and grading for streets and drainage improvements may be done
8 on residential subdivisions provided the preliminary plat has been approved. In those
9 cases where filling or cutting in areas with no trees is to be done, the area is to be
10 graded suitable for mowing and shall be revegetated. If building construction has not
11 commenced and diligently pursued within eight (8) months of plans approval, then
12 all landscaping and tree requirements in the buffers shall be installed, unless the city
13 official determines that the existing buffers on the site meet the landscape planting
14 requirements of chapter 15 of this code.
15 (c) A grading permit is required for land alteration activities specified in this
16 section. However, all construction work shall include appropriate drainage and
17 erosion control measures to protect neighboring properties. All land alteration in
18 properties within the designated floodplain requires a grading permit without
19 exception.
20 (d) Grading permits, which may be obtained as part of a building permit, shall
21 be required for any of the following activities:
22 (1) A top of hill or hillside cut or fills greater than ten (10) feet
23 vertical.
24 (2) Any construction activity where the total volume of cut or fill is
25 equal to or greater than one thousand (1,000) cubic yards.
26 (3) Clearing or cutting of trees on property in the City of Little Rock
27 except for (i) those districts zoned agriculture and forestry (AF)
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1 (ii) mining (M), and (iii) properties fronting on a collector street
2 of two (2) acres or less zoned single or two family districts RI,
3 R2, R3, R4, and R7A, or residentially zoned properties fronting
4 on a residential street of five (5) acres or less.
5 (e) Prior to issuance of a grading permit, a grading and drainage plan shall be
6 submitted to and approved by the City for activities specified in paragraphs (d)(1), (2)
7 and (3) of this section.
8 (f) When the application is for a planned zoning district, conditional use
9 permit, site plan review, subdivision, or multiple building site approval a sketch
10 grading and drainage plan shall be required in the application to the planning
11 commission only if any of the activities specified in subsection (d) of this section are
12 involved
13 (g) Utility organizations may obtain a one -time approval from the city for all
14 routine tree trimming and installation, maintenance, replacement and repair of fence
15 and sign posts, telephone poles and other kinds of posts or poles and overhead or
16 underground electric, water, sewer, natural gas, telephone or cable facilities. The
17 approval will include a utility organization and its contractors, agents or assigns and
18 will be permanent in nature as long as the original approved procedures are followed.
19 However, large -scale utility projects involving clearing of areas over twenty-five (25)
20 feet in width shall not be authorized by one -time approval of all projects. In such
21 cases, a separate grading permit must be obtained for each project.
22 (h) One -time approval may be obtained by public or private entities for the
23 stockpiling of construction spoil material at particular locations for a limited time
24 period, not to exceed (6) six months. Grading and replanting of grassed areas is
25 required upon removal of stockpile.
26 Sec. 29 -187. Exemptions.
27 A grading permit shall not be required for:
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1 (1) Construction on properties of two (2) acre or less fronting on a
2 collector street and zoned single family districts Rl, R2, R3, R4
3
& R7 (A) and on property zoned agriculture and forestry (AF),
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and residentially zoned property fronting on a residential street
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of five (5) acres or less.
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(2)
Emergency work or repairs to protect health, safety and welfare
7
of the public. Removal of damaged or diseased trees will be
8
permitted by staff upon certification by proper authority.
9
(3)
Mining and mining operations because these activities are
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covered by the Arkansas Open Cut Land Reclamation Act
11
[A.C.A. Section 15 -57 -301 as amended], which is regulated by
12
the state Department of Environmental Quality.
13
Sec. 29 -188.
Contents of grading and drainage plans.
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(a) The sketch grading and drainage plan shall identify the following:
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(1)
Acreage of the proposed project.
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(2)
Land areas to be disturbed.
17
(3)
Stages of grading showing the limits of sections to be graded and
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indicating the approximate order of development.
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(4)
The height and slope of cuts and fills. Cross sections shall be
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required every fifty (50) feet on property where the depth of
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excavation or fill exceeds ten (10) feet, showing original and final
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grades and will include visual aids to show how the final
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development, including planting, and landscaping will look.
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(5)
Provisions for collecting and discharging surface water.
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(6)
Erosion and sediment measures, including structural and
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vegetative measures.
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1 (7) Seal and signature of a registered engineer, architect, or
2 landscape architect, qualified under state regulations to certify
3 that the sketch grading and drainage plan complies with this
4 chapter. However, plans for areas less than two (2) acres fronting
5 on a collector street, or residentially zoned areas less than (5) five
6 acres fronting on a residential street, where cuts or fills are not
7 greater than ten (10) feet in height or where only tree clearing
8 activities are to be undertaken, may be prepared by a contractor
9 or the property owner.
to (b) In addition to the requirements for a sketch grading and drainage plan, a
11 final grading and drainage plan shall include the following information prior to
12 issuance of any required permits:
13 (1) Seal of a registered engineer, architect or landscape architect
14 qualified under state regulations to certify that the grading and
15 drainage plan complies with this chapter.
16 (2) A vicinity drawing showing location of property lines, location
17 and names of all existing or platted streets or other public ways
18 within or immediately adjacent to the tract.
19 (3) Location of all known existing sewers, water mains, culverts and
20 underground utilities within the tract and immediately adjacent
21 thereto; location of existing permanent buildings on or
22 immediately adjacent to the site if right of entry can be obtained
23 to locate same.
24 (4) Identification of rights -of -way or easements affecting the
25 property.
26 (5) Soil loss calculations as estimated by the universal soil loss
27 equation. Allowable soil loss shall not exceed five (5) tons per
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acre per year. Examples of soil loss calculations are contained in
2
the City's Stormwater Management and Drainage Manual.
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(6) A plan of the site at a minimum scale of one (1) inch equals one
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hundred (100) feet.
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(7) Such other information required by city official, including but
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not limited to:
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a. Address and telephone number of owner, permit applicant
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and the designated agent responsible for maintenance of
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erosion and sediment control measures.
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b. The approximate location and width of existing and
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proposed streets.
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C. The locations and dimensions of all proposed or existing
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lots.
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d. The locations and dimensions of all parcels of land
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proposed to be set aside for parks, playgrounds, natural
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condition perimeters, pubic use, or for the use of property
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owners in proposed development.
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e. Existing and proposed topography at a maximum of five -
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foot contour intervals.
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f. An approximate timing . schedule, indicating the
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anticipated starting and completion dates of the
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development; a timing schedule for the sequence of
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grading and application of' erosion and sediment control
24
measures.
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g. Acreage of the proposed project.
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h. Identification of unusual material or soils in land areas to
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be disturbed. If any surface indications of unusual
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materials or soils that would cause street or lot instability,
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such as nonvertical tree growth, old slides, seepage, or
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depressions in the soil are visible before grading, they
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should be noted and accompanied by the engineer's,
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architect's, landscape architect's, or contractor's
6
recommendation for correcting such problem areas.
7
i. Identification of suitable material to be used for fills shall
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be accomplished before actual filling begins. If there are
9
any surface indications that local material is not suitable
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for fills, those areas to be filled with outside material
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should be identified and the type and source of the fill
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noted.
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j. Specification of measures to control runoff, erosion and
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sedimentation during the process of construction, noting
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those areas where control of runoff will be required during
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construction and indicating what will be used, such as
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straw bales, sediment basins, silt dams, brush check dams,
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lateral hillside ditches, catch basins, etc.
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k. Measures to protect neighboring built -up areas and city
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property during process of construction, noting work to be
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performed, such as cleaning existing ditches, storm
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culverts and catch basins or raising existing curbs in
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neighboring areas.
24
1. Provisions to stabilize soils and slopes after completion of
25
streets, sewers and other improvements, noting on the
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grading plan when and where ground cover will be
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planted, also noting any other means to be used such as
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1 placement of stone embankments and riprap or
2 construction of retaining walls.
3 (8) The grading and drainage plan shall include areas of tree
4 protection, erosion and sediment control provisions meeting
5 standards established by the city in the stormwater management
6 and drainage manual.
7 Sec. 29 -189. Issuance procedure.
8 (a) The following procedure shall be implemented for the issuance of a grading
9 permit.
10 (1) The city official shall, in writing approve, disapprove or
I I recommend modification of the grading and drainage plan
12 within ten (10) days after the date of submittal unless otherwise
13 approved by the planning commission.
14 (2) Applications for which planning commission approval. is required
15 shall be placed on the next available planning commission
16 agenda following city staff review. Sketch grading and drainage
17 plans shall be reviewed by city and a report prepared by the time
18 of the applicable subdivision subcommittee meeting, if possible,
19 but not later than the applicable planning commission meeting.
20 (3) Except for residential subdivision work, the approval of a sketch
21 grading and drainage plan shall not eliminate the need to submit
22 and have approved a final grading and drainage plan, prior to
23 issuance of a building permit or the initiation of work.
24 (4) For residential subdivision work, only a sketch grading and
25 drainage plan shall be required, and clearing and grading work
26 may proceed upon approval of the preliminary plat. The sketch
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1 plan for residential subdivisions shall indicate how runoff,
2 erosion, sedimentation will be controlled.
3 (b) Upon approval of the final plan, the City shall issue a grading permit. A
4 superintendent capable of understanding the plans and with authority to issue orders
5 to employees performing the land alteration shall properly supervise the land
6 alteration work.
7 (c) The city official may issue a stop work order if, upon inspection, it is
8 determined that the work is not progressing in accordance with the approved plan.
9 (d) Groups of trees and individual trees that are not to be removed and
10 required undisturbed buffer areas shall be protected during construction by protective
11 fencing and shall not be used for material storage or for any other purpose. The
12 fencing shall be placed and maintained. by the owner until all exterior construction
13 except landscaping has been completed. Individual trees to be preserved outside the
14 protected area shall be fenced at the critical root zone and shall be flagged with bright
15 orange vinyl tape wrapped around the main trunk at a height of four (4) feet or more
16 such that the tape is clearly visible to workers on foot or operating equipment.
17 (e) The city official may allow minor modifications of the plan to alleviate
18 particular problems during the process of construction. In reviewing request for
19 modifications, the city official may require from the applicant's engineer, architect,
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20 or landscape architect appropriate reports and data sufficient to make a decision on
21 the request.
22 (f) Major changes to plans approved by the planning commission either in
23 sketch or final form shall only be permitted by the planning commission. Examples
24 of major changes are those that substantially increase the height of cuts, the area of
25 clearing or grading, or impact on neighboring properties. More than twenty percent
26 (20 %) increase in height, area or impact will normally be considered a major change.
27 Examples of increased impact include reductions in buffer area, increased runoff onto
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1 adjacent properties, and increased site area that is visible from adjacent properties or
2 public streets.
3 Sec. 29 -190. Grading and drainage plan requirements.
4 Preparation of grading and drainage plans shall follow the stormwater
5 management and drainage manual and shall be designed on the basis of the following
6 considerations:
7 (1) A maximum of thirty (30) vertical feet of fill or excavation (three,
8 ten I 10 feet vertical terraces or two, fifteen [15] feet vertical
9 terraces) is permitted, however additional development areas
10 may be constructed a minimum of one - hundred fifty (150) in
11 width and at a slope of no more than eight percent (8 %). The
12 maximum of thirty (30) feet of fill or excavation may again be
13 utilized.
14 a. The depth of fill or excavation shall be measured from the
15 finish grade elevation to the original ground line elevation.
16 b. No more than two hundred (200) feet of terrace can be in
17 a straight line and a minimum of a ten (10) feet curved
18 section, jog, or offset is required for each additional 200
19 feet of terrace.
20 C. For excavations or fills constructed with slopes flatter than
21 3:1 (three horizontal to one vertical), terraces are not
22 required nor is there a limit on the height of cut or fill.
23 Planting requirements on these 3:1 slopes shall be the
24 same as required for terraces and shall be spaced
25 uniformly over the slope.
26 d. Cuts or fills shall be limited to ten (10) feet in height or to
27 fifteen (15) feet if architectural stone is included to protect
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I the vertical face. A series of smaller cuts or fills with
2 terraces, preserving portions of natural vegetation and
3 providing areas for planting, shall be used in situations
4 where more than ten (10) feet of cut or fill is needed.
5 e. Terracing width shall be at a ratio of at least one (1) foot
6 of horizontal terrace for every one (1) foot of vertical
7 height, up to a maximum of ten (10) feet. Terraces shall
8 be landscaped with dense evergreen plantings sufficient to
9 screen the cut or fill slope.
10 f. If the slope of the cut or fill is faced with an architectural
11 stone wall, the terrace plantings shall be a minimum of
12 two (2) rows of trees four (4) feet between the rows,
13 staggered not more than twenty (20) feet on centers.
14 g. Shrubs and ground cover shall be required in accordance
15 with chapter 15 of this code.
16 (2) Development shall be planned to fit topography, soils, geology, hydrology,
17 and other existing site conditions.
18 (3) Provisions shall be made for safety against unstable slopes or slopes subject
19 to erosion and deterioration.
20 (4) Grading shall complement natural landforms.
21 (5) After grading, all paving, seeding, sodding, or mulching shall be performed
22 in accordance with a reasonable schedule approved by the city official.
23 (6) Open areas not planned for immediate use shall be seeded or sodded. Soil
24 which is exposed for more than twenty-one (21) days with no construction activity
25 shall be seeded, mulched or revegetated in accordance with this code.
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1 (7) Areas not well suited to development, as evidenced by existing competent
2 soils, geology, hydrology investigations and reports, should be allocated to open
3 space and recreational uses.
4 (8) The potential for soil loss shall be minimized by retaining natural
5 vegetation wherever possible.
6 (9) Appropriate provisions such as those in the stormwater management and
7 drainage manual shall be used to accommodate stormwater runoff and soil loss
8 occasioned by changed soil and surface conditions during and after development,
9 including the use of vegetation and limitations on soil exposure. If staff determines
10 upon visual inspection that excessive silt from the construction has migrated offsite,
11 additional measures to reduce erosion may be required.
12 (10) Permanent improvements such as streets, storm sewers, curb and gutters,
13 and other features for control of storm runoff shall be scheduled as soon as
14 economically and physically feasible before removing vegetation cover from the area,
15 so that large areas are not left bare and exposed for long periods of time beyond the
16 capacity of temporary control measures.
17 (11) A temporary or permanent sediment basin, debris basin, desilting basin.
18 or silt trap shall be installed and maintained to substantially reduce sediment from
19 water runoff. The volume of the sediment basin shall be three- thousand (3000) cubic
20 feet per acre for property with average slope greater than five (5) percent, or fifteen -
21 hundred (1500) cubic feet per acre for property with an average slope less than five
22 (5) percent. A properly sized sediment basin is required for each separate drainage
23 area within the property being developed.
24 (12) Construction access shall be limited to locations as approved by the city
25 official. Construction access points shall be graveled for a minimum length of twenty
26 percent (20 %) of the lot depth or fifty (50) feet, whichever is greater, up to a
27 maximum of one hundred (100) feet to prevent tracking onto the city street.
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1 (13) Appropriate provisions shall be made to prevent excessive particulate 911
2 matter from becoming airborne.
3 (14) A perimeter buffer strip shall be temporarily maintained around disturbed
4 areas for erosion control purposes and shall be kept undisturbed except for reasonable
5 access for maintenance. The width of the strip shall be six percent (6 %) of the lot
6 width and depth. The minimum width shall be twenty-five (25) feet and the
7 maximum shall be forty (40) feet. In no event shall these temporary strips be less than
8 the width of the permanent buffers required for the development.
9 (15) A minimum strip twenty-five (25) feet wide, undisturbed except for
10 reasonable access, shall be provided along each side of streams having a ten -year
11 storm of greater than one hundred fifty (150) cubic feet per second. The 25 foot strip
12 shall be measured from the top of the bank. An exception to this requirement is
13 allowed where the only work being done on the site is public street construction.
14 (16) Care shall be exercised to minimize the risk of damage from or to
15 pedestrian and vehicular traffic in the vicinity of a cut or fill by placement of
16 handrails, guardrails, fencing or landscaping.
17 (17) Additional landscape treatment shall be provided in accordance with
18 chapter 15 of this code.
19 Sec. 29 -191. Unified plan and permit.
20 One plan may be submitted incorporating all provisions for compliance with
21 the applicable city zoning, landscaping, drainage detention, grading, clearing, filling,
22 cutting, quarrying, and construction requirements.
23 Sec. 29 -192. Reserved.
24 Sec. 29 -193. Fees.
25 A fee for each grading permit shall be paid to the city as follows:
26 Total ProjectArea Fee
27 Less than '/z acre ................ ........... $ 50.00
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1 '/Z to 1 acre ................ ................ $100.00
2 Greater than 1 acre ................. ............................... $100.00 for first
3 acre, $50.00 for
4 each additional
5 acre, up to a
6 maximum of ten
7 (10) acres, not to
8 exceed $550.00.
9 Sec. 29 -194. Inspection and compliance.
10 (a) The department designated by the City Manager shall be responsible for
11 determining whether construction is proceeding according to the approved grading
12 and drainage plan.
13 (b) City officials shall perform inspections of the development site. In applying
14 for a grading permit, the applicant shall be deemed to have consented to such
15 inspections.
16 (c) The city official, through such periodic inspections, shall ensure that erosion
17 control measures are implemented within one (1) week after cessation or completion
18 of all or portions of authorized work. The city official may where necessary order
19 remedial work or issue a stop work order in accordance with this chapter.
20 Sec. 29 -195. Appeals.
21 Final decisions of the city official regarding grading and drainage plans shall
22 be subject to review by the planning commission provided an appeal is filed by the
23 applicant within thirty (30) days after the date of the final written decision of the city
24 official. Certified mail notice of the appeal shall be given by the applicant to adjacent
25 property owners, including those across a street or alley from the subject property, at
26 least ten (10) days prior to the planning commission meeting at which the appeal is
27 to be considered.
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1 SECTION 3. Severability. In the event any portion of this ordinance is 9 t 3
2 declared or adjudged to be invalid or unconstitutional, such declaration or
3 adjudication shall not affect the remaining portions of the ordinance, which shall
4 remain in full force and effect as if the portion so declared or adjudged invalid or
5 unconstitutional was not originally a part of this ordinance.
6 SECTION 4. Repealer. All laws, ordinances and regulations and parts thereof
7 in conflict with this ordinance are hereby repealed to the extent of such inconsistency.
8 SECTION 7. Emergency Clause. The ability to limit, to a reasonable extent,
9 the number of trees destroyed or removed as a result of development and
10 redevelopment within the City is essential to the public health, safety and welfare.
11 The protection offoilage and open space has been demonstrated to increase the
12 overall quality oflife within the comnmunity, and to reduce aspects of urban stress
13 such as crime and temperature. If this ordinance is not immediately effective, a
14 temporary moratorium on tree removal will expire on September28, 2000, and the
15 result will be over three weeks where no meaningful regulations to protect trees and
16 foilage are m place. An emergency is, therefore, declared to exist and this ordinance
17 shall be in full force and effect from and after the date ofits passage.
18 PASSED: September 26, 2000
19
20 ATTEST: yhimailey, D:
21 �J���
22 Nanc ood Ci Clerk Mayor
23
24 APP OVED AS TO LEGAL FORM:
25 7'�` P-4 '
26 Thomas M. Carpenter, Cityqkttorney
27
28
29
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