ORD NO 02-2013 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 2013
BE IT ENACTED BY THE CITY COUNCIL. FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 11 -2004, FOR THE
PURPOSE OF INCORPORATING STORM WATER POLLUTION
PREVENTION REGULATIONS INTO THE EXISTING GRADING AND
EROSION CONTROL CODE.
WHEREAS, the City adopted Ordinance No. 11 -2004 to control grading and erosion as a
result of construction: and
WHEREAS, the City Council of the City of Van Buren, Arkansas, has determined that it
should adopt storm water pollution prevention regulations in order to maintain
and improve the quality of surface water and groundwater within the City of
Van Buren, the River Valley Region, and the State of Arkansas; and
WHEREAS, after a public hearing, the Planning Commission has recommended, by
majority vote, that the City adopt an ordinance to establish storm water
pollution prevention regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: Introduction /Purpose
During the construction process drainage patterns are often altered and soil is highly
vulnerable to erosion by wind and water. Improper grading can concentrate or redirect
drainage flow negatively impacting neighborhoods and increase soil erosion. Eroded soil
endangers water resources by reducing water quality and causing the siltation of aquatic
habitat for fish and other desirable species. Eroded soil also necessitates repair and cleaning
of sewers ditches streams and ponds. In addition, clearing and grading during construction
cause the loss of native vegetation necessary for terrestrial and aquatic habitat.
As a result, the purpose of this local regulation is to safeguard persons, protect property, and
prevent damage to the environment within the City of Van Buren. This ordinance will promote
public awareness of the hazards involved in the improper discharge of hazardous substances,
petroleum products, household hazardous waste. industrial waste. sediment from construction
sites. pesticides, herbicides. fertilizers. and other contaminants into the storm sewers and natural
waters of the City of Van Buren. This ordinance will facilitate compliance with state and federal
standards and permits by owners and operators of industrial and construction sites within the
City of Van Buren. This ordinance will also promote the public welfare by guiding, regulating,
and controlling the design construction, use, and maintenance of any development or other
activity that disturbs or breaks the topsoil, results in the movement of earth, or impacts drainage
flow on land in the City of Van Buren.
SECTION 2: Definitions
Building Department The Building Department of the City of Van Buren or its
designated representative.
Clearing Any activity that removes the vegetative surface cover.
Drainage Way Any channel that conveys surface runoff throughout the site.
Erosion Control A measure that prevents erosion.
Erosion Sediment A set of plans indicating the specific measures and sequencing to
Control Plan be used to control sediment and erosion on a development site
during and after construction.
Grading Excavation or fill of material including the resulting conditions
thereof.
NPDES Permit A permit issued by the EPA (Environmental Protection Agency) or
by the State under authority delegated pursuant to 33 USC 1342
(b) that authorizes the discharge of pollutants to waters of the
United States. whether the permit is applicable on an individual.
group. or general area -wide basis.
Operator The person or persons who, either individually or taken together,
meet the following criteria: (1) they have operational control over
the facility specifications (including the ability to make
modifications in specifications): and (2) they have the day -to -day
operational control over those activities at the facilitv necessary to
ensure compliance with pollution prevention requirements and any
permit conditions.
Perimeter Control A barrier that prevents sediment from leaving a site by filtering
sediment laden runoff or diverting it to a sediment trap or basin.
Phasing Clearing a parcel of land in distinct phases with the stabilization of
each phase completed before the clearing of the next.
Sediment Control Measures that prevent eroded sediment from leaving the site.
Site A parcel of land or a contiguous combination thereof where
grading work is performed as a single unified operation.
Site Development Plan A permit issued by the municipality for the construction or
alteration of ground improvements and structures for the control of
erosion runoff and grading.
Stabilization The use of practices that prevent exposed soil from eroding.
Start of Construction The first and disturbing activity associated with a development
including land preparation such as clearing grading and filling
installation of streets and walkways excavation for basements
footings piers or foundations erection of temporary forms and
installation of accessory buildings such as garages.
Watercourse Any body of water including but not limited to lakes ponds rivers
streams and bodies of water delineated by the City of Van Buren.
Waterway A channel that directs surface runoff to a watercourse or to the
public storm drain.
SECTION 3: Permits
A.) No person shall conduct clearing or grading activity that would require the clearing
of one (I) acre or more without first obtaining a site development permit from the
City of Van Buren.
B.) No site development permit is required for the following activities: (1.) Any
emergency activity that is immediately necessary for the protection of life property or
natural resources. (2.) Existing nursery and agricultural operations.
C.) Each application for a site development permit shall bear the name and address of
the owner or developer of the site and the name and contact information of the
applicant's authorized representative.
D.) Each application for a site development permit shall include an Erosion and Sediment
Control Plan.
E.) A site development permit is required in association with all building permits for new
Construction. No person shall conduct clearing or grading activity until both the
building permit and associated site development permit have been issued by the City
of Van Buren. There shall be a $25 Erosion and Sediment Control Plan review fee
which shall be placed in a special fund to pay for the implementation and
maintenance of these regulations.
SECTION 4: Review and Approval
A.) The Building Department will receive and review each application for a site
development permit to determine its conformance with the provisions of this
regulation. Within seven (7) working days after receiving an application, the Building
Department shall in writing: (1.) Approve the permit application (2.) Approve the
permit application subject to such reasonable conditions as may be
necessary to secure substantially the objectives of this regulation and issue the
permit subject to these conditions; or (3.) Disapprove the permit application,
indicating the reason(s) and procedure for submitting a revised application and /or
submission.
B.) Failure of the Building Department to act on an original or revised application within
30 days of receipt shall authorize the applicant to proceed in accordance with the
plans as filed unless such time is extended by agreement between the applicant and
Building Department.
SECTION 5: Erosion and Sediment Control Plan
A.) The Erosion and Sediment Control Plan shall include the following:
(1.) A site map at a scale no smaller than 1" 100' showing erosion and sediment
control proposed for the site.
(2.)A sequence of clearing and grading activities anticipated for construction of the
development site. Sequencing shall include the anticipated dates for the start of
construction, installation of temporary erosion and sediment control measures,
and establishment of permanent vegetation.
(3.) Erosion and sediment control measures necessary to meet the objectives of this
ordinance that will remain installed and functioning throughout all phases of
construction and after completion of development of the site until soil
stabilization with permanent vegetation.
(4.)Proposed seeding mixtures and rates, types of sod, method of seedbed
preparation, expected seeding dates, kind and quantity of mulching for both
temporary erosion control and permanent vegetative stabilization.
(5.)Provisions for maintenance of control facilities until the site soils are stabilized
with permanent vegetation.
B.) Modifications to the plan shall be processed and approved or disapproved in the same
manner of Section IV of this ordinance.
SECTION 6: Design Requirements
A.) Grading, erosion control practices, sediment control practices, and waterway
crossings shall meet the Best Management Practices (BMP) identified by the U.S.
Environmental Protection Agency, and shall be adequate to prevent transportation of
sediment from the site to the satisfaction of Building Department. Cut and fill slopes
shall be no greater than 2:1, except as approved by Building Department, to meet
other community or environmental objectives.
B.) Clearing and grading of natural resources such as forests and wetlands shall not be
permitted except when in compliance with this ordinance, state, and federal law. Site
grading must meet the following requirements:
(1.)The site must drain away from all buildings and toward the city's street or a
dedicated drainage ditch.
(2.)The site should be graded to provide a minimum of 6" of fall in 10 feet away
from building foundations.
(3.)Drainage should be directed away from adjacent lots to the maximum extent
possible.
C.) Clearing, except that necessary to establish sediment control devices shall not begin
until all sediment control measures have been installed in accordance with the
requirements of the site development permit.
D.) Phasing shall be required on all sites disturbing greater than 30 acres, with the size of
each phase to be established at plan review and as approved by Building Department.
E.) Erosion control requirements shall include the following:
(1.)Soil stabilization shall be completed within one week of clearing or inactivity
in construction.
(2.) If seeding or other vegetative erosion control method is used, it shall become
established within two weeks or the Building Department may require that the
site be reseeded and /or mulch to stabilize the site.
(3.)Special techniques that meet the BMP on steep slopes or in drainage ways
shall be used to ensure stabilization.
(4.)Soil stockpiles must be stabilized when inactive for periods longer than 2
weeks.
(5.)The entire site must be stabilized by seeding and mulching when site grading
is complete. The Building Department may require stabilization of any part of
the site that will remain active for longer than 2 weeks or when an erosion
control problem is identified.
(6.) Techniques that divert upland runoff past disturbed slopes shall be employed.
F.) Sediment control requirements shall include:
(1.)Settling basins, sediment traps. and perimeter controls.
(2.) Settling basins that are designed in a manner that allows adaption to provide
long -term storm water management, if required by Building Department.
(3.)Protection for adjacent properties by the use of a vegetated buffer strip in
combination with perimeter controls.
G.) Waterway and watercourse protection requirements shall include:
(1.)A temporary stream crossing if a wet watercourse will be crossed regularly
during construction.
(2.) Stabilization of the watercourse channel after any in- channel work.
(3.)All on -site storm water conveyance channels must be designed in accordance
with the Van Buren Minimum Drainage Standards.
(4.) Stabilization adequate to prevent erosion located at the outlets of all pipes and
paved channels.
H.) Construction site access requirements shall include:
(1.)A temporary access road provided at all sites.
(2.)Other measures required by Building Department in order to ensure that
sediment is not washed into storm drains and construction vehicles do not
track sediment onto public streets.
SECTION 7: Storm Water Pollution Prevention
A.) Prohibitions
(1.)Illicit discharges are prohibited. An illicit discharge is a storm drain that has
measurable flow containing pollutants and /or pathogens. No person shall
discharge anything but uncontaminated storm water, into the storm drainage
system. Common storm water contaminants include trash, yard waste,
wastewater, oil, petroleum products, cleaning products, paint products,
hazardous waste and sediment.
(2.)Illicit connections are prohibited. Illicit connections are any drain or
conveyance which allows an illicit discharge to enter the storm drainage
system. This prohibition includes illicit connections made in the past,
regardless of whether the connection was permissible at the time of
connection.
(3.)No person shall connect a line conveying sanitary sewage, domestic sewage or
industrial waste, to the storm drainage system, or allow such a connection to
continue.
B.) Exemptions
The following non -storm water discharges are acceptable and not a violation of this
section:
(1.)A discharge authorized by a National Pollutant Discharge Elimination System
(NPDES) permit other than the NPDES permit for discharges from the MS4;
(2.) Uncontaminated waterline flushing and other infrequent discharges from potable
water sources;
(3.) Infrequent uncontaminated discharge from landscape irrigation or lawn watering;
(4.) Discharge from the occasional noncommercial washing of vehicles within zoned
residential areas;
(5.) Uncontaminated discharge from foundation, footing or crawl space drains, sump
pumps and air conditioning condensation drains;
(6.) Uncontaminated groundwater;
(7.) Diverted stream flows and natural riparian habitat or wetland flows;
(8.) A discharge or flow of fire protection water that does not contain oil or hazardous
substances or materials.
(9.) Any other non -storm water discharge determined by the City Engineer to meet
the standards and objectives of this section.
C.) Requirements Applicable to Certain Discharges
(1.) Private Drainage System Maintenance. The owner of any private drainage
system shall maintain the system to prevent or reduce the discharge of pollutants.
This maintenance shall include. but is not limited to. sediment removal. bank erosion
repairs. maintenance of vegetative cover. and removal of debris from pipes and
structures.
(2.) Minimization of Irrigation Runoff Concentrated flow of irrigation water to the
storm drainage system is prohibited. Irrigation systems shall be managed to reduce
the discharge of water from a site.
(3.) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street
or drive shall clean the pavement as required to prevent the buildup and discharge of
pollutants. The visible buildup of mechanical fluid, waste materials. sediment or
debris is a violation of this chapter. Paved surfaces shall be cleaned by dry sweeping.
wet vacuum sweeping. collection and treatment of wash water or other methods
incompliance with this Code. Material shall not be swept or washed into the storm
drainage system. This section does not apply to pollutants discharged from
construction activities.
(4.) Maintenance of Equipment. Any leak or spill related to equipment maintenance in
an outdoor. uncovered area shall be contained to prevent the potential release of
pollutants. Vehicles, machinery and equipment must be maintained to reduce leaking
fluids.
(5.) Materials Storage. Materials shall be stored to prevent the potential release of
pollutants. The uncovered, outdoor storage of unsealed containers of hazardous
substances is prohibited.
(6.) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall
be applied in accordance with manufacturer recommendations and applicable laws.
Excessive application shall be avoided.
(7.) Open Drainage Channel Maintenance. Every person owning or occupying
property through which an open drainage channel passes shall prevent trash, debris,
excessive vegetation, and other obstacles from their property from entering the
drainage channel.
D.) Release Reporting and Cleanup
Any person responsible for a release of materials which are or may result in illicit
discharges to the storm drainage system shall take all necessary steps to ensure the
discovery, containment, abatement and cleanup of such release. In the event of such a
release of a hazardous material, said person shall comply with all state, federal, and
local laws requiring reporting, cleanup, containment, and any other appropriate
remedial action in response to the release.
E.) Permits Required
(1). Five -Acre or Greater Disturbances. All operators of sites of construction activity
including clearing, grading and excavation activities, that result in the disturbance of
five (5) or more acres of total land area, or that are part of a common plan of
development or sale within which five or more acres of total land area are disturbed,
or who are required to obtain an NPDES permit for storm water discharges associated
with construction activity, shall comply with the following requirements, in addition
to those previously mentioned in Section 7 and in the grading and erosion control
regulations:
a). The operator shall complete a "Medium Construction Site Notice" for sites
that disturb five (5) to ten (10) acres and a "Large Construction Site Notice" for
sites that disturb more than ten (10) acres. These forms are obtainable from the
Arkansas Department of Environmental Quality (ADEQ) or the Plannint
Department. The operator must post such notice in a conspicuous location at the
construction site prior to the start of construction. If the construction activity is
already underway upon the effective date of these regulations the notice shall be
posted within thirty (30) days.
b.) Any operator who intends to obtain coverage for storm water discharges from
a construction site under the NPDES General Permit for Storm Water Discharges
From Construction Sites (the Construction Storm Water General Permit) shall
submit a signed copy of its Notice of Intent (NOI) to the Building Department at
least two (2) days prior to the commencement of construction activities. if the
construction activity is already underway upon the effective date of these
regulations the NOI shall be submitted within seven (7) days. For storm water
discharges from construction sites where the operator changes, an NO1 shall be
submitted at least two (2) days prior to when the operator commences work at the
site.
(2.) Less than a Five Acre Disturbance. All operators of sites of construction
activity, including clearing, grading. and excavation activities, that result in the
disturbance of less than five (5) acres of total land area, shall comply with the
following requirements in addition to those previously mentioned in Section 7 and
in the grading and erosion control regulations:
a.) The operator shall complete a "Small Construction Site Notice"
obtainable from the Arkansas Department of Environmental Quality
(ADEQ) or the Planning Department and post such notice in a
conspicuous location at the construction site prior to the start of
construction. If the construction activity is already underway upon the
effective date of these regulations, the notice shall be posted within thirty
(30) days.
(3.) Industrial Activity. Any operator who intends to obtain coverage for storm
water discharges associated with industrial activity under the NPDES General
Permit for Storm Water Discharges Associated With Industrial Activity (the
Industrial General Permit) shall submit a signed copy of its Notice of Intent to the
Building Department at least two (2) days prior to commencement of construction
activities.
F.) Authorization to Adopt and Impose Best Management Practices
The City may adopt and impose a Best Management Practices Manual and
requirements identifying Best Management Practices for any activity, operation, or
facility, which may cause a discharge of pollutants to the storm drainage system.
Where specific BMPs are required, every person undertaking such activity or
operation, or owning or operating such facility shall implement and maintain these
BMPs at their own expense.
SECTION 8: Inspection
A.) Building Department shall have full access to the site for inspections to insure
compliance with the approved Erosion and Sediment Control Plan and Storm Water
Pollution Prevention regulations.
B.) A copy of the site development permit and approved Erosion and Sediment Control
Plan shall be maintained at the site throughout site development.
C.) The permit holder or his /her representative shall make regular inspections of all
control measures to insure compliance with the approved Erosion and Sediment
Control Plan(s). The purpose of such inspections will be to determine the overall
effectiveness of the control plan and the need for additional control measures All
inspections and inspection dates shall be documented in written form and available on
site for review by the Building Department.
SECTION 9: Enforcement
A.) Stop -Work Order; Revocation of Permit
In the event that any person holding a site development permit pursuant to this
ordinance violates the terms of the permit or this ordinance, the Building Department
may suspend or revoke the site development permit and any associated building or
development permits.
B.) Violation and Penalties
No person shall construct. enlarge, alter. repair, or maintain any grading, excavation,
or fill, or cause the same to be done contrary to or in violation of any terms of this
ordinance. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and each day during which any violation of any of
the provisions of this ordinance is committed, continued, or permitted shall constitute
a separate offense. Upon conviction of any such violation, such person, partnership,
or corporation shall be punished by a fine of not more than $250.00 for each offense.
In addition to any other penalty authorized by this section, any person. partnership, or
corporation convicted of violating any of the provisions of this ordinance shall be
required to bear the expense of such restoration.
SECTION 10: Severability
The provisions and sections of this ordinance shall be deemed to be severable and the
invalidity of any portion of this ordinance shall not affect the validity of the remainder.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of G, for and 6 against, the foregoing Ordinance at
its regular meeting held on the 25 day of February. 2013.
net
Robert D. Fre• a �r
Mayor
ATTESTED: AP ROV 1 A T 0 ORM:
li_I- u la. Tait
Barbie Curtis Candic- Settl-
City Clerk/Treasurer 1 y Attorney