ORD NO 11-2004 CITY OF VAN BUREN, ARKANSAS
0 ORDINANCE NO. I i -2004
AN ORDINANCE ADOPTING A GRADING AND EROSION CONTROL ORDINANCE.
WHEREAS, The City of Van Buren does not currently have any Ordinance regulating grading
and erosion as a result of construction; and
WHEREAS, After a public hearing and public comment, the Planning Commission has
recommended that the City adopt an ordinance regulating grading and erosion.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
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 Clow 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 Toss 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 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 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 and A set of plans indicating the specific measures and sequencing to
Sediment be used to control sediment and erosion on a development site during
Control Plan and after construction.
Grading Excavation or fill of material, including the resulting conditions thereof.
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 A permit issued by the municipality for the construction or alteration of
Permit 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 land- 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 (1) 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:
Any emergency activity that is immediately necessary for the protection of life,
property, or natural resources.
Existing nursery and agricultural operations.
C) Each application for a site development permit shall bear the name(s) 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 $25.00 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 7 working days after receiving an application, Building Department
shall, in writing:
Approve the permit application;
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
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 se quence of dealing 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
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 inactive for longer than 2 weeks or when an erosion problem
is identified.
6) Techniques that divert upland runoff past disturbed slopes shall be employed.
F) Sediment controls requirements shall include:
1) Settling basins, sediment traps, and perimeter controls.
2) Settling basins that are designed in a manner that allows adaptation 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:
A temporary stream crossing if a wet watercourse will be crossed regularly during
construction.
Stabilization of the watercourse channel after any in- channel work
All on -site storm water conveyance channels must be designed in accordance with the
Van Buren Minimum Drainage Standards.
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: Inspection.
A) Building Department shall have full access to the site for inspections to insure
compliance with the approved Erosion and Sediment Control Plan.
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.
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 stabilization
with permanent vegetation.
B) Modifications to the plan shall be processed and approved or disapproved in the same
manner as 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 W 0 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
to be reseeded and /or mulch to stabilize the site.
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SECTION 8: 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 9: Sevarability.
The provisions and sections of this ordinance shall be deemed to be sevarable, and the
invalidity of any portion of this ordinance shall not affect the validity of the remainder.
PASSED AND APPROVED THIS 1S DAVOF JULY, 2004.
MAYOR J n N IGGS
ATTESTED:
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