HomeMy WebLinkAbout205882012034499 Received: 6/7/2012 3:49:07 PM
Recorded: 06/07/2012 03:57:29 PM Filed &
Recorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUIT /COUNTY CLERK
Fees $30.00
1 ORDINANCE NO. 20,588
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3 AN ORDINANCE TO AMEND THE CHAPTER 29, ARTICLE VI., LAND
4 ALTERATION REGULATIONS OF THE CODE OF ORDINANCES OF
5 THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
6 PURPOSES.
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8 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
9 OF LITTLE ROCK, ARKANSAS:
10 Section 1. That Chapter 29, Article VI., Land Alteration Regulations of the Code of Ordinances be
11 amended to provide conditions for granting a variance to advance grade property without construction
12 being imminent as follows:
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Sec. 29 -187. Exemptions and variances.
(e) Variances may be granted, to the extent that the change will not be contrary to the
purposes set forth in section 29 -168:
(1) To clear and grade a multi -lot or multi -phase development where construction is not
imminent on all phases of the development;
(2) To harvest timber on land not otherwise allowed under this section in accordance with a
reasonable staff approved forestry management plan which is determined to be
reasonable and prepared by a registered forester or certified arborist using best
management practice guidelines for silviculture in urban areas, that complies with the
purposes and requirements of this article; however, clear cutting or total harvests shall not
be allowed;
(3) To exceed the cut, fill, and slope requirements of Sec. 29 -190;
(4) From the restoration requirements of Sec. 29 -196;
(5) To clear and rg ade propeerty where building construction is not imminent provided that
the clearing and rg ading is performed in accordance with the provisions of Section 29-
197.
I� The Planning Commission may impose conditions on the approval of variances. Where
variances are granted, applicants shall otherwise comply with all other provisions of the
ordinance including, but not limited to, obtaining a grading permit prior to construction
or tree removal, meeting the standards for grading, drainage, tree reikux
in
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lrage 1 of 41 y.
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1 buffer zones, erosion controls, and establishing of vegetative cover following grading
2 activities.
3 Sec. 29 -197. Advanced uadin2 plan requirements.
4 (1) All advanced rg adingprojects shall be performed under plans approved in conformance
5 with the requirements of this section or as approved by the commission.
6 (2) Once clearing and grading operations commence, the work described in the plan shall be
7 expeditiously completed in the time frame set forth in the plan unless specifically limited
8 by the grading permit and shall not exceed one (1) -year in duration from the time work
9 commences to installation of all final erosion control measures and vegetation.
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(3)
A survey grading and drainage plan, storm water detention basin design and line of sight
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illustrations from adjacent streets and properties must be provided to the planning
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commission for review.
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(4)
Plans shall provide for visual screening of the completed area by providing undisturbed
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perimeter buffer strips and earthen berms. In cases where maintenance of an undisturbed
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buffer is deemed not practical to provide screening, earthen berms, tree plantings or other
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suitable measures may be required.
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(5)
Undisturbed areas designated for temporary buffers shall be kept undisturbed except for
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reasonable access to the site. The width of the temporary buffer strip shall be 6% of the
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lot width and depth. The minimum width shall be fifty (50) feet where the subject
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propeM is adjacent to other properties, residential streets, collector streets, and industrial
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streets. The minimum width shall be eighth (80) feet where the subject propegy is
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adjacent to Cityparks, and arterial streets. In no event shall these temporary strips be less
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than the width of the permanent buffers required for the development. The minimum
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required width shall not exceed 100 feet.
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(6)
All buffers required in conjunction with an advanced rg adingproject shall be considered
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temporary and shall be maintained until the property is developed.
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(7)
Construction access points through the perimeter buffer zones shall be limited in number
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and constructed to the minimum width needed to facilitate access. A curved or angled
29 road design should be provided to limit the visibility of the interior rg ading work from
30 adjacent streets.
31 (8) If the property has seven (7) or fewer trees per acre, screening of the site with berms,
32 undisturbed buffer zones, and tree plantings may be omitted if a suitable vegetative soil
33 cover is provided.
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1 (9) Storm water detention must be constructed on site in accordance with Chapter 29, Article
2 IV Design Criteria and Performance standards and maintained following the completion
3 of rg ading activities.
4 (10) At the completion of land alteration activities a minimum of six (6) inches of suitable top
5 soil shall be placed over all disturbed areas and permanent vegetative cover shall be
6 established Top soil shall be suitable clay or silt loam soil capable of supporting
7 perennial vegetation. If on -site soil is suitable the top soil may be stripped from the site
8 prior to grading, or suitable soil may be brought in from off -site.
9 (11) A permanent vegetative cover of suitable perennial grass shall be established over all
10 disturbed areas. Where indicated by soil tests, ph adjustment and the addition of fertilizer
11 may be required.
12 (12) All erosion and stabilization controls including permanent vegetation and plantings, and
13 storm water detention systems are to be maintained by the responsible pg1Y for a period
14 of two (2) years following the completion of site rg ading. Periodic mowing_ generally
15 twice per year or more often if required by the Cif of Little Rock Code or Ordinances,
16 shall be provided to encourage perennial rg ass rg owth.
17 (13) Maintenance for the two (2) -year period shall be guaranteed through posting of cash,
18 surety bond or letter of credit as referenced in Section 31- 431(2) at the time of final
19 inspection of the rg ading activities.
20 (14) All required Federal State and local permits and approvals shall be obtained prior to
21 commencement of land alteration activities.
22 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
23 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
24 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
25 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
26 resolution.
27 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with
28 the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
29 Section 4. This resolution will be in full force and effect from and after the date of its adoption.
30 ADOPTED: June 5, 2012
31 ATTEST: APPROVED?
32 r
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34 Toya o inson, Assistan 'ty Clerk Mark Stodola, Mayor
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APPROVED AS TO LEGAL FORM:
Act"', 7 dti . `-z-
Thomas M. Carpenter, City ttorney
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