Building and Construction - C11

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Building and Construction

BUILDINGS AND CONSTRUCTION

Chapters:

11.04   Building Permit

11.08   Plumbing Code

11.12   Electrical Code

11.16   Fire Prevention and Life Safety Codes

11.20   Standard Codes

11.24   Energy Code

11.28   Building Inspector

11.32   New Development

11.36   Public Facilities Board

11.40   Condemned Structures

            11.44   Conveyance of Land

            11.48   Stormwater Pollution Prevention

            11.52   Stormwater Runoff

 

CHAPTER 11.04

BUILDING PERMIT

Sections:

 

            11.04.01          Building permit

            11.04.02          Building permit fees

            11.04.03          Plan review fees

            11.04.04          Other fees

           

            11.04.01 Building permit No person, firm or corporation from and after the date of the enactment of this ordinance shall erect, construct, enlarge, alter, repair, improve, move or demolish any building or structure nor shall any person, firm or corporation cause or procure the erection, construction, enlarging, altering, repairing, improving, moving, or demolishing of any building or structure located within the corporate limits of the city of Johnson, Arkansas, without first obtaining a separate building permit for each building or structure from the Building Inspector of the city of Johnson, Arkansas. (Ord. No. 38, Sec. 1.)

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            11.04.02 Building permit fees Building permit fees will be determined by the value of the proposed building. The square footage of the proposed building will be determined by the Building Official and the square footage then multiplied by the last published construction cost figures in the Building Safety Journal (published by ICC). The resulting value will be used to determine building permit fees according to the fee schedule set forth in the Building Safety Journal. When the cost of the building exceeds $500,000.00, the building permit fee will be increased by $2.00 for each $1,000.00 or part thereof, in excess of $500,000.00 ((Ord. No. 2007-14, Sec. 1.)

            From and after the effective date of this ordinance, the proper valuation for buildings being constructed in Johnson which are determined by the City Building Official to be barns, pole barns, sheds, gazebo, covered porch or porch shall be $15.00 per square foot, which value shall be used to determine the proper building permit fee. (Ord. No. 2009-8, Sec. 1.)

            11.04.03 Plan review fees The city of Johnson shall hereafter determine the fee for review of plans by the City Building Official as follows:

            Plans consisting of drawings, specifications, computations and additional data shall be submitted to the city. A plan review fee shall be paid to the city of Johnson at the time the permit is issued. Said fee is in addition to the building permit fee and is non-refundable. The plan review fee shall be assessed based on the value of the improvements to be constructed and/or the type of construction. For all types of buildings (improvements) the plan review fee shall be one-half (½) of the building permit fee. Ord. No. 2007-14, Sec. 2.)

            11.04.04 Other fees

A.        The fee to be charged by the city for demolition permits, moving permits, sign permits, mechanical permits, plumbing permits, electrical permits, fees for all types of re-inspections and permit extensions of all types shall be set from time to time by proper resolution of the City Council.

B.        The fee to be charged by the city for re-zonings, annexation petitions, preliminary plats, large scale developments, PUDs, final plats, conditional use requests, variance requests, appeals, and other proceedings before the Planning Commission and/or the City Council shall be set, from time to time, by proper resolution of the City Council. (Ord. No. 2007-14, Secs. 3-4.)

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CHAPTER 11.08

PLUMBING CODE

Sections:

 

            11.08.01          Adopted

            11.08.02          Fine

            11.08.01 Adopted The provisions and regulations of the Arkansas State Plumbing Code and amendments thereto adopted by the State Board of Health of Arkansas are made a part of this ordinance by reference, three certified copies of which are now and have been on file in the office of the City Clerk of the city of Johnson, and shall extend over and govern the installation of all plumbing installed, altered or repaired within the city of Johnson, Arkansas, wherever water and/or water service originates from the municipal water system. (Ord. No. 24, Sec. 1.)

11.08.02 Fine Any person, firm or corporation found guilty of violating any of the provisions of this ordinance shall be subject to a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), together with the costs of such prosecution. Each day during which a violation continues shall be a separate offense. (Ord. No. 24, Sec. 2.)

 

CHAPTER 11.12

ELECTRICAL CODE

Sections:

 

            11.12.01          Adopted

            11.12.02          Rules and regulations

            11.12.03          Definitions

            11.12.04          Electrical Inspector

            11.12.05          License required

            11.12.06          Electrical permit required

            11.12.07          Persons qualified to obtain electrical permits

            11.12.08          Electrical permit fees

            11.12.09          Responsibilities of the licensed electrician

            11.12.10          Electrical inspections

            11.12.11          Liability for damages

           

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11.12.12          Plans and specifications

            11.12.13          Uncovering electrical wiring work

            11.12.14          Exemptions

            11.12.15          Fine

            11.12.16          Wiring methods

            11.12.17          Remodeling installation

            11.12.18          Signs

            11.12.19          Motors

            11.12.20          Sealing of service cabinets

            11.12.21          Fine

           

            11.12.01 Adopted There is hereby adopted by the City Council of the city of Johnson, Arkansas, by reference thereto the provisions set forth in the 1971 edition of the National Board of Fire Underwriters Pamphlet NBFU No. 70 – 1971 National Electrical Code,” save and except such portions of said pamphlet as are hereinafter deleted, modified, or amended, and the provisions contained in said pamphlet are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the city of Johnson, Arkansas. (Ord. No. 28, Sec. 1.)

            11.12.02 Rules and regulations The Electrical Inspector is hereby authorized to make such written rules and regulations concerning electrical wiring as may be necessary to implement, clarify and carry out the purposes of this ordinance, said rules and regulations to become effective upon approval by the Mayor and City Council. (Ord. No. 28, Sec. 2.)

            11.12.03 Definitions The definitions in this ordinance shall correspond to those set out in the above-adopted Electrical Code and shall include in addition the following:

            Apprentice wireman is a person who is learning the electrical wiring trade and who is competent to assist, under the supervision of a licensed journeyman or master electrician, in the work of installing or repairing electrical wiring. An apprentice shall not work on any job alone.

            City as used in within the electrical code shall mean the city of Johnson, Washington County, Arkansas.

            Electrical contractor is any person who shall advertise or publicly set himself up as being in the electrical wiring business in the city.

            Electrical wiring means the installation of electrical raceways, conductors or apparatus of any kind used, or to be used, in or on any building for the transmission and distribution of electric current for electric light, heat, or power, or non-portable electrical fixtures and apparatus of any nature to be connected to light, heat or power service, provided, however, that the words “electric wiring,” “electrical equipment,” and “apparatus” shall not be deemed to include or refer to service lines, apparatus, and equipment for the sale, distribution, regulation of electricity and remaining upon the property of the electric service company, or for telephone, telegraph, video or other communication purposes, or in connection therewith.

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            Electrician is a person who is licensed to do electrical wiring work.

            Inspector means the City Electrical Inspector whose duties are defined and set forth in the Electrical Code, and such word shall include in its meaning all assistants authorized to assist or carry on the work of electrical inspection under the provisions of the electrical ordinance.

            Journeyman electrician is a person who is licensed in the city to do the actual physical work of installing electrical wiring when employed by an electrical contractor and works under the supervision of a master electrician.

            Maintenance electrician is an employee of a company, corporation or institution who is responsible for the work of operating, caring for and maintaining the electrical installations of any building or factory.

Master electrician is a person who is licensed in the city to engage in the electrical business as an electrical contractor and is also qualified to do installation work on the job.

Person means and includes any person, firm, co-partnership or corporation, depending upon the context or the sense in which the word is used. (Ord. No. 28, Sec. 3.)

11.12.04 Electrical Inspector

A.        Provisions There is hereby created the position of Electrical Inspector of the city and as many assistants as are needed to discharge the duties of this office. Said Electrical Inspector and assistants shall be versed in the theoretical and practical knowledge of electricity and the National Code.

B.        Salary The Inspector shall receive as a full compensation for his services such salaries as the City Council may direct.

C.        Duties and powers It shall be the duty of the Inspector to enforce the provisions of the Electrical Ordinance, to make investigations, inspect and/or test all electrical wiring, issue electrical permits and to prepare suitable forms.

D.        Right of entry The Inspector and other persons authorized by the Inspector, is hereby granted authority to enter all buildings in the city in the performance of his duties between the hours of 8:00 a.m. and 5:00 p.m. daily, except that in an emergency the Inspector may enter buildings for such purposes at other than the above designated hours, and may disseminate information relative to the provisions of this ordinance. (Ord. No. 28, Sec. 4.)

11.12.05 License required Any person desiring to install or replace any “electrical wiring” as defined in this ordinance within the city must first procure an electrician’s license. (Ord. No. 28, Sec. 5.)

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11.12.06 Electrical permit required No electrical wiring work shall be commenced nor shall any building or structure be wired for electric lights, appliances, motors, apparatus or heating devices nor alterations made thereto without such person, firm or corporation having direct charge of such installation having first applied for and obtaining an electrical permit, except as hereinafter regulated or modified by provisions set forth in this ordinance. (Ord. No. 28, Sec. 6.)

11.12.07 Persons qualified to obtain electrical permits The Inspector is authorized to issue electrical permits to the following:

A.        Licensed Master Electrician

B.        Property owners A permit may be issued to a property owner to install electrical wiring in a single family residence provided the property owner does the work himself and the building is owned and so occupied by such owner as his home, and provided the issuance of said permit is not used as a device to circumvent the requirement of the city electrician license imposed by this ordinance upon persons, firms or corporations who are in the business of buildings such residences for resale. Such electrical wiring work must be completed within strict compliance with the requirements of this ordinance.

C.        Specialized jobs or installations Certain installations shall be interpreted to fall under the definition of “electrical wiring” as set out in this ordinance; however, because of the size of the job, and the technical or specialized nature of the electrical wiring work, the Inspector is authorized to issue special electrical permits to contractors which he determines to be qualified and experienced to make such installations.

D.        Qualified maintenance electrician The Inspector is authorized to issue electrical permits periodically to maintenance electricians who are in good standing and who are complying with provisions of this ordinance. (Ord. No. 28, Sec. 7.)

11.12.08 Electrical permit fees In order to procure an electrical permit for the installation for electrical wiring work, any person before beginning any electrical wiring, shall make application to the Inspector and shall pay the inspection fee required by Ord. No. 27. (Ord. No. 28, Sec. 8.)

11.12.09 Responsibilities of the licensed electrician

A.        It shall be the duty of the master electrician or his authorized representative to give notice to the Inspector when the electrical wiring work is ready for an inspection.

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B.        It shall be the duty of the electrician to make sure that the electrical wiring work will stand the inspection before he requests the Inspector to make an inspection of the electrical wiring work.   (Ord. No. 28, Sec. 9.)

11.12.10 Electrical inspections

A.        There shall be a minimum of two (2) inspections by the Inspector when electrical wiring is installed in any buildings. First is known as the rough-in inspection and the second as the final inspection.

1.         The rough-in inspection is to be made when the electrical wiring is installed but before concealing the electrical wiring work.

2.         The final electrical inspection is to be made when all electrical wiring work is completed.

B.        The Inspector shall have the legal right to require any existing electrical installation to meet the inspection and test when he may have reason to believe that such system is not safe for the use for which it is intended. When such inspections or tests indicate faulty and unsafe systems, the owner shall recondition such electrical installation to render it safe.

C.        The Inspector shall make inspections periodically of all premises and installations under the supervision of a registered maintenance electrician as outlined in this ordinance. (Ord. No. 28, Sec. 10.)

11.12.11 Liability of damages The issuance of permits or certificates of approval as required by this section shall not be construed as relieving any person from liability for damages to persons or property in connection with the operation, control or installation of any electrical equipment, and the city shall not be held as assuming any liability by reason of the issuance of permits or certificates of approval. The intention of the provisions of this code is to afford the public safety to life and property insofar as such safety can be provided by law.

This ordinance shall not be construed to relieve therefrom or lessen the responsibilities of any person, firm or corporation owning, operating or installing electrical wires, appliances, apparatus, construction or equipment, for the damage to property or persons injured by any defect therein, nor shall the city or any agent thereof be deemed to assume any such liability by reason of the inspection authorized herein or by any type of certificate of inspection as may be issued by the City Inspector. (Ord. No. 28, Sec. 11.)

11.12.12 Plans and specifications The Inspector may, if he deems it necessary, require or demand from the master electrician a set of plans and specifications of any job, in order that the Inspector may check same to determine if such plans and specifications comply with provisions of the electrical ordinance. (Ord. No. 28, Sec. 12.)

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11.12.13 Uncovering electrical wiring work If an electrical wiring or part thereof which is installed, or altered, or repaired, is covered before being inspected by the Inspector, it shall be uncovered for inspection after notice to uncover the work has been issued to the responsible person by the Inspector. (Ord. No. 28, Sec. 13.)

11.12.14 Exemptions Exemptions from the provisions of this ordinance are as follows:

A.        County, state and federal government Installations on property owned, used and operated by the county, state or United States government. This does not include the erection and/or remodeling of privately owned buildings prior to leasing to a governmental agency.

B.        City property Electrical permit fees shall be waivered for city-owned installations; however, these installations must have inspections and meet other provisions of this ordinance.

C.        Railroad Installations or equipment of a railway utility in the exercise of its functions as a utility, and located outdoors or in buildings used exclusively for that purpose and to which the general public has no access.

D.        Special equipment The assembly, erection and connection of electrical equipment by the manufacturer of such equipment. This does not include any electrical wiring other than that involved in making electrical connections on the equipment itself.

E.         Elevators All electrical work involved in the erection, installation, repair, remodeling or maintenance of elevators, dumb waiters and escalators. This does not include electrical equipment for supplying power to the control panels of such equipment.

F.         Power company Nothing herein shall be construed as applying to any electric light or power company, its agents, servants, and employees conducting its business under a franchise granted by the city in the installation, repair, maintenance, removal or replacement of electrical wiring, machinery or equipment owner or operated by the power company in the city.

G.        Radio and TV Electrical equipment used for power supply to radio or trans-video. Transmitting equipment and other electrical wiring used for power supply to radio or trans-video shall comply with the provisions of this ordinance.

H.        Telephone company Nothing herein shall be construed as to apply to any telephone company, its agents, servants, and employees conducting its business under a franchise granted by the city of Johnson, Arkansas, in the installation, repair, maintenance, removal or replacement of electrical wiring, machinery or equipment owner or operated by the telephone company in the city of Johnson, Arkansas.

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I.          Power company connecting service Nothing herein shall be so construed as to require a certificate of acceptance from the Electrical Inspector before current is turned on any wiring unless some change has been made in said wiring of switches since service was disconnected.

J.          Minor repairs No permit is required for minor repair, replacement of fuses, lamps or connection of portable electrical equipment to suitable permanently installed receptacles. (Ord. No. 28, Sec. 14.)

11.12.15 Fine Any person, firm or corporation who engages in or follows the business of, occupation of or advertises or holds himself or itself or acts temporarily or otherwise as an electrical contractor without first having secured the required license or permits, or who otherwise violates any provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Twenty-Five Dollars ($25.00) and shall be punished by a fine of Fifteen Dollars ($15.00) for each day such violation continues. (Ord. No. 28, Sec. 15.)

11.12.16 Wiring methods All electric wiring hereafter installed in or on any building structure or premises located within the city limits of Johnson, Arkansas, shall be installed by the use of one or more of the following approved wiring methods:

A.        Electric metallic tubing is not to be used on grade or below grade, or fills, nor underground.

B.        Any new installation exceeding ten (10) circuit distribution at lighting panels must have two (2) spare circuits and provisions made to use them in case of later alterations or additions.

C.        No non-metallic sheath cable or armored cable may be used in the fire limits of Johnson, Arkansas. For all buildings already wired where it is not practical to use rigid or EMT conduit for extension of services or installing additional outlets. Flexible metal conduits may be used with permission of the Electrical Inspector. Single and duplex dwelling not included.

D.        Circuits under floors of buildings where no basement exists may be wired in non-metallic sheath cable if drilled in or run along joist or stringer. Wiring under the floor may be run in rigid conduit of EMT.

E.         A building used as a business, hotel, motel, or business house where people congregate within the city limits of Johnson, Arkansas, shall be wired only with rigid or EMT system.

F.         Non-metallic sheath cable (Romex) of proper type and size may be installed in residence or apartment houses or rooming houses that are built of wood construction where non-metallic sheath cable can be drilled in and protected.

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G.        Service entrance conductors shall be carried in approved EMT or rigid raceway.

H.        No less than 100 AMP services may be installed in the city of Johnson, Arkansas, except with the special permission from Electrical Inspector.

I.          No overhead services to or between school buildings shall be permitted.

J.          Lights in bathrooms, kitchens, closets and open porches and utility rooms shall be controlled by wall switches.

K.        Any and all materials, devices, equipment or any and all items necessary for the installation of electrical systems shall be approved and/or bear the label of the Underwriters Laboratories, Inc.

L.         All electrical conductors operating at a difference of potential of thirty (30) volts or more and installed in or on any building of the following approved methods, i.e., rigid metal conduit, flexible steel conduit, metal molding, steel tube, approved metal duct, fiber conduit, non-metallic sheathed cable.

M.        Any main disconnect used on a bank of transformers where the fault is in excess of 10,000 AMPS fault current, shall be of the quick break operating mechanism with full cover interlocks.

N.        All electrical work of any kind and all systems shall satisfactorily fulfill the purpose for which it is installed and all work shall be executed in a neat and workmanlike manner. Slipshod or work not in keeping with good electrical practice shall be classified as defective and shall be immediately corrected by persons causing same.

O.        Non-residential property, all disconnect installed inside or outside shall be of the dead front type with provisions for a lock.

P.         Light panels must be located inside of residence, apartments, but shall not be installed in linen or clothes closets. Panels must contain breaker type disconnects, no fuses to be used as a disconnect.

Q         Minimum wire size for the supply of current to general appliances and convenience outlet and general lighting circuits, no conductor smaller than No. 12 AWG wire shall be installed.

R.        No convenience outlet or appliance outlet shall be installed or operated on a general lighting branch circuit at any time, in any occupancy.

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S.         Some means acceptable to the Electrical Inspector capable of disconnecting all current carrying conductors, supplying current to forced air furnace, motors and electrical water heaters, shall be provided in a suitable and accessible location adjacent to said furnace or water heater.

11.12.17 Remodeling installations On any proposed remodeling where more than fifty percent (50%) of the electrical wiring in any structure is to be altered, electrical wiring throughout the structure shall be made to comply with the requirements of this ordinance. The Electrical Inspector may, at his discretion, waive the requirements of this section. (Ord. No. 28, Sec. 17.)

11.12.18 Signs

A.        The mere holding of a Master Electrician’s license, an Electrical Contractor’s license, or a Journeyman Wiremen’s license does not authorize the holders of any such license to erect or install signs. Before any sign shall be erected or installed by such license holders, they shall be required to comply with the Building Code ordinance of the city of Johnson.

B.        Electrical wiring for signs and sign circuits shall comply with the requirements of the National Electrical Code as amended by this ordinance. (Ord. No. 28, Sec. 18.)

11.12.19 Motors

A.        Before a motor installation of 5 HP or more is made, a permit must be secured from the Electrical Inspector and the electric service company must approve the voltage and phase available.

B.        All motors shall be installed in compliance with the National Electrical Code.

            (Ord. No. 28, Sec. 19.)

11.12.20 Sealing of service cabinets It shall be unlawful for any person other than an authorized employee of the electric service company, the Electrical Inspector or authorized member of the Fire Department to break any seal of any electric meter, transformer, or cabinet. In case of emergency, an authorized employee of a licensed electrical contractor or an employee under the supervision of a licensed electrician may break a seal when necessary to replace fuses. In such cases, the electric service company must be notified by the party breaking the seal within twenty-four (24) hours, in order that the equipment may be resealed. (Ord. No. 28, Sec. 20.)

11.12.21 Fine

A.        A person, firm or corporation who engages in or follows the business or occupation of, or advertises or holds himself or itself out or acts temporarily or

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otherwise as an electrician without first having secured the required license or permit, or who otherwise violates any provision of this ordinance, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) or by imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months or by both such fine and imprisonment. Each act of violation and each day during which a violation continues shall constitute a separate offense.

B.        Any firm or person who shall do any act prohibited by this ordinance or fail or refuse to obey a lawful order of the Electrical Inspector or his authorized representative shall be punished by imprisonment in the county jail for not more than ninety (90) days, or by a fine not to exceed One Hundred Dollars ($100.00) or by other such fine or imprisonment.

C.        Any Electrical Contractor who shall employ an apprentice representing him to be a Journeyman shall be punished by a fine of not more than Twenty-Five ($25.00) or by imprisonment in the county jail for not more than thirty (30) days or by other such fine or imprisonment. Each day of violation shall constitute

a separate offense. (Ord. No. 28, Sec. 21.)

 

CHAPTER 11.16

FIRE PREVENTION AND LIFE SAFETY CODES

Sections:

 

            11.16.01          Fire Prevention Code

            11.16.02          Life Safety Code

            11.16.03          Construction

            11.16.01 Fire Prevention Code The 2002 edition of the Arkansas Fire Prevention Code (Volumes 1, 2, and 3) as amended from time to time, is hereby adopted by reference, copies of such code shall be maintained by the Recorder/Treasurer and/or Building Official at City Hall as required by law. (Ord. No. 2007-11, Sec. 1.)

            11.16.02 Life Safety Code The NFPA 101 Life Safety Code, as amended from time to time, is hereby adopted by reference, copies of such code shall be maintained by the Recorder/Treasurer and/or Building Official at City Hall as required by law. (Ord. No. 2007-11, Sec. 2.)

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            11.16.03 Construction These codes shall apply to all construction and activities whatsoever in the city of Johnson and shall be enforceable as an ordinance of the city. (Ord. No. 2007-11, Sec. 3.)

 

CHAPTER 11.20

STANDARD CODES

Sections:

 

            11.20.01          Adopted

           

            11.20.01 Adopted There is hereby adopted by the City Council of Johnson, Arkansas, for the purpose of establishing rules and regulations for all new building construction and all remodeling, additions or modifications to existing buildings/structures, the codes listed on Exhibit A hereto, of which three (3) copies have been and now are filed in the office of the Recorder/Treasurer of the city of Johnson, Arkansas, and those codes listed on Exhibit A are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures as defined within said codes within the corporate limits of the city of Johnson, Arkansas. (Ord. No. 2013-2, Sec. 1.)

            Arkansas Fire Prevention Code –Residential                         2007

            Arkansas Fire Prevention Code – Building                            2007

            Arkansas Fire Prevention Code – Fire                                    2007

            Arkansas Mechanical Code                                                    2006

            Arkansas Plumbing Code                                                       2006

            Arkansas Fuel Gas Code                                                        2006

            International Building Code                                                   2009

            International Residential Code                                               2009

            International Existing Building Code                                     2009

            International Mechanical Code                                               2009
            International Plumbing Code                                                  2009

            International Gas Code                                                           2009

            International Fire Code                                                           2009

            International Energy Conservation Code                               2000

            NEC Electrical Code                                                              2008

            International Swimming Pool and Spa Code                         2012

            International Green Construction Code                                 2012

            International Zoning Code                                                     2009

            (Ord. No. 2013-2, Sec. 1.)

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CHAPTER 11.24

ENERGY CODE

Sections:

 

            11.24.01          Adoption

            11.24.01 Adoption There is hereby adopted by the City Council of Johnson, Arkansas, for the purpose of establishing rules and regulations for energy efficient standards for new building construction, this code known as the 1994 Arkansas Energy Code, being particularly the 1994 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended, or which not less than three (3) copies have been and now are filed in the office of the Recorder/Treasurer of the city of Johnson, Arkansas, and the same are hereby adopted and incorporate as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the corporate limits of the city of Johnson, Arkansas. (Ord. No. 96-1, Sec. 1.)

 

CHAPTER 11.28

BUILDING INSPECTOR

Sections:

 

            11.28.01          Established

            11.28.02          Resident

            11.28.03          Duties

            11.28.04          Appointed

            11.28.05          Hours and salary

           

            11.28.01 Established The office of Chief Building Inspector is hereby established. (Ord. No. 40, Sec. 1.)

            11.28.02 Resident The Chief Building Inspector shall be a resident of the city of Johnson, Washington County, Arkansas, of good moral character and over the age of 21 years. (Ord. No. 40, Sec. 2.)           

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            11.28.03 Duties The Chief Inspector shall be responsible for the inspection of buildings and premises in the city for compliance with the subdivision, zoning, building, plumbing, drainage, gas piping and electrical and street improvement provisions of the city of Johnson, Arkansas. The Chief Building Inspector shall perform such other duties as the City Council shall, from time to time, by resolution or ordinance designate. (Ord. No. 40, Sec. 3.)

            11.28.04 Appointed The Chief Building Inspector shall be appointed by the Mayor and approved by the City Council for a term to run concurrently with the term of the Mayor. (Ord. No. 40, Sec. 4.)

            11.28.05 Hours and salary The Chief Building Inspector’s hours and rate of pay shall be as established by the Mayor and approved by the City Council from time to time by resolution or ordinance. (Ord. No. 40, Sec. 5.)

CHAPTER 11.32

NEW DEVELOPMENT

Sections:

            11.32.01          General provisions

            11.32.02          Applicability

            11.32.03          Bond requirements

            11.32.04          Conflicts

            11.32.05          Large structures

            11.32.01 General provisions The provisions of this ordinance shall apply to all lands within the city of Johnson, Arkansas, and its planning area as defined on the official maps of the city of Johnson. (Ord. No. 2008-16, Sec. 1.)

 

            11.32.02 Applicability This ordinance establishes minimum bonding requirements for all new construction including, but not limited to:

            A.        Large Scale Developments (LSD)

            B.        Residential and Commercial Subdivisions

            C.        Planned Unit Developments (PUD)

                        (Ord. No. 2008-16, Sec. 2.)

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            11.32.03 Bond requirements

A.        Guarantees in lieu of installed improvements If the developer chooses to begin building construction or to sell lots within the land development prior to installing the required improvements, the Planning Commission may give conditional approval of the Large Scale Development or Final Plat under the procedures listed below:

1.         The terms of any such conditional Final Plat approval shall be noted on the Final Plat by the Planning Commission before the Final Plat is filed for record.

2.         An acceptable surety performance bond or irrevocable letter of credit with a minimum time frame of one (1) year shall be filed with the Recorder/Treasurer’s office in an amount equal to one hundred fifty percent (150%) of the project engineer’s estimate of the total cost of the improvements for unfinished improvements. The project engineer’s estimate of the total cost shall be approved by the City Engineer. If the City Engineer does not agree with the project engineer’s estimate, the developer may hire an independent consultant to review the cost estimate. The cost of the consultant shall be paid by the developer of the project. Upon satisfactory completion of the improvements, the city shall release the performance bond or letter of credit.

3.         If the developer fails to complete improvements within the time period of the bond, the city has the option to utilize the performance bond or letter of credit to complete the improvements. In the event a cash bond is accepted and then forfeited, all accrued interest shall revert to the city.

4.         When the conditions have been met, a certificate of acceptance by the appropriate agencies shall be filed with the Circuit Clerk and noted on the original recorded plat.

B.        Maintenance bonds An acceptable maintenance bond shall be provided in the amount of fifty percent (50%) of the actual construction cost against defects in workmanship and materials for a period of two (2) years from the date of the final inspection for street, sidewalks and storm drainage improvements. The bond shall be filed with the Recorder/Treasurer’s office after the final inspection and prior to acceptance by the city. Any suit under this bond must be instituted before the tow (2) year term on the bond. (Ord. No. 2008-16, Sec. 3.)

11.32.04 Conflicts Where the provisions stipulated herein conflict, the most stringent provision shall govern, except as may otherwise be provided herein. In the event the provisions of this ordinance are determined to conflict with the provision of other ordinances of the city of Johnson, the more stringent provisions shall govern. (Ord. No. 2008-16, Sec. 4.)

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11.32.05 Large structures

A.        All buildings or structures constructed within the city of Johnson for a commercial purpose or to house more than two (2) families can only be built by an Arkansas licensed contractor, no matter who owns the land where the construction is to take place.

B.        If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

C.        Any person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than Twenty-Five Dollars ($25.00) nor more than Two Hundred Fifty Dollars ($250.00). Each day any such violation may continue shall be deeme

d a separate offense. (Ord. No. 127, Secs. 1-3.)

 

CHAPTER 11.36

PUBLIC FACILITIES BOARD

Sections:

            11.36.01          Creation

            11.36.02          Members

            11.36.03          Organization

            11.36.01 Creation Pursuant to the authority of the Act there is hereby created and established the city of Johnson, Arkansas, Public Facilities Board (“Facilities Board”) with the authority and powers provided in the Act. (Ord. No. 80, Sec. 1.)

            11.36.02 Members The Facilities Board shall consist of five (5) persons. The initial members shall, as provided in the Act, be appointed by the Mayor of the city to serve for terms of one, two, three, four and five years, respectively. The members of the Facilities Board shall be residents of the city and shall take and file with the Recorder/Treasurer the oath of office prescribed by the Act. (Ord. No. 80, Sec. 2.)

            11.36.03 Organization As soon as practicable after the adoption of this ordinance, the Facilities Board shall meet and elect such officers as shall be required by the Act. The Facilities Board may adopt such by-laws and other rules and regulations as shall be necessary for the

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conduct of its business and consistent with the provisions of the Act. The Facilities Board shall cause to be filed with the Recorder/Treasurer of the city, the annual report described in Section 18 of the Act. (Ord. No. 80, Sec. 3.)

 

CHAPTER 11.40

CONDEMNED STRUCTURES

Sections:

 

            11.40.01          Prohibited

            11.40.02          Authorized

            11.40.03          Resolution

            11.40.04          Notice to owner/others

            11.40.05          Abatement of nuisance

            11.40.06          Vacating premises

            11.40.07          Occupation of premises

            11.40.08          Occupying premises

            11.40.09          Parts of structures as nuisances

            11.40.10          Disposal of removed structure

            11.40.11          Proceeds of sale

            11.40.12          Failure to follow court order

            11.40.01 Prohibited It shall be unlawful for any person or legal entity to own, keep or maintain any house, mobile home, trailer, building and/or structure, or portion thereof, within the corporate limits of the city which constitutes a nuisance and which is found and declared to be a nuisance by resolution of the City Council. A “portion” of a building or structure shall mean and include, but shall not be limited to, parts or areas served by a separate utility meter or meters, or having a separate entrance thereto. (Ord. No. 2006-7, Sec. 1.)

            11.40.02 Authorized Any house, mobile home, trailer, building and/or structure, or portion thereof, which is found and declared to be a nuisance by resolution of the City Council will be condemned and vacated, or be vacated, torn down and removed as provided in this ordinance. (Ord. No. 2006-7, Sec. 2.)

            11.40.03 Resolution The resolution of the City Council condemning any house, mobile home, trailer, building and/or structure, or portion thereof, which constitutes a nuisance, will include in the resolution an adequate description of the house, mobile home, trailer, building and/or structure, or portion thereof, the name, if known, of the owner thereof, and shall set forth the reason the house, mobile home, trailer, building and/or structure, or portion thereof, is or has

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been condemned as a nuisance. At least ten (10) days prior to the City Council meeting at which the Condemnation Resolution is to be considered, the Building Inspector/Official shall provide the same notice to the property owner, any lien holders, and mortgage holders, as required in 11.44.04. (Ord. No. 2006-7, Sec. 3.)

            11.40.04 Notice to owner/others After a house, mobile home, trailer, building and/or structure, or portion thereof, has been found and declared to be a nuisance and condemned by resolution as provided in this ordinance, a true and certified copy of the resolution will be sent, by the Johnson Building Inspector/Official, certified mail, addressee or addressee’s agent only, and by first class mail, postage prepaid, to the owner thereof if the whereabouts of the owner thereof are known.

A true and certified copy of the resolution shall also be sent by the Johnson Building Inspector/Official by first class mail, postage prepaid, to any recorded mortgage or lien holders with an interest in the subject property. A true and certified copy of the resolution shall also be posted at a conspicuous place on the house, mobile home, trailer, building and/or structure or portion thereof regardless of whether the whereabouts of the owner are known. If the owner of the house, mobile home trailer, building and/or structure or portion thereof are unknown or if his whereabouts or last address is unknown, the posting of the copy of the resolution as provided in this section will suffice as notice. (Ord. No. 2006-7, Sec. 4.)

11.40.05 Abatement of nuisance If the house, mobile home, trailer, building and/or structure, or portion thereof, constituting a nuisance, has not been torn down and removed, or the nuisance otherwise abated within thirty (30) days after the posting of the true and certified copy of the resolution at a conspicuous place on the house, mobile home, trailer, building and/or structure, as aforesaid, the Fayetteville/Springdale Water Department shall be directed to cut off and stop water service to the house, mobile home, trailer, building and/or structure, or portion thereof, constituting a nuisance, if the house, mobile home, trailer, building and/or structure, or portion thereof is served by the Fayetteville/Springdale Water Department.

If the house, mobile home, trailer, building and/or structure, or portion thereof, constituting a nuisance, has not been vacated, or not torn down and removed; if the house, mobile home trailer, building and/or structure is condemned in its entirety; or said nuisance otherwise abated, within thirty (30) days after the posting of the resolution of condemnation as aforesaid, the house, mobile home, trailer, building and/or structure, so condemned in its entirety shall be torn down and/or removed as directed by the Mayor, or by such other official, person or persons as shall be designated by the City Council.

Prior to the actual tearing down and removal of the nuisance structure, the City Building Inspector/Official shall place on the City Council agenda, a second hearing on the matter to afford the owner, or any mortgage or lien holders of record, the opportunity to present evidence that the nuisance violations which precipitated the condemnation have been brought into compliance. This second hearing shall be placed on the City Council agenda for the first City Council meeting which occurs at least thirty (30) days after the initial condemnation resolution

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was passed. The Council, after reviewing said evidence, shall then vote on whether the structure in question shall be demolished. The vote shall be determined by simple majority. The vote at the second meeting to determine the demolition of the structure shall constitute the final action of the City Council regarding that condemnation.

If the City Council should vote in favor of demolishing the structure in question, the City Building Inspector/Official shall wait thirty (30) days from the date of the final vote by the City Council before beginning actual demolition. The sole purpose of this thirty (30) days waiting period, is to allow the property owner, mortgage holder, or lien holder an opportunity to appeal the decision of the City Council pursuant to A.C.A. 14-56-425 or Arkansas District Court Rule No. 9. No further arguments or appeals will be heard before the Council after the final vote. This ordinance shall in no way act to limit any individuals’ rights or privileges to appeal such decision under A.C.A. 14-56-425 or Arkansas District Court Rules No. 9. (Ord. No. 2006-7, Sec. 5.)

11.40.06 Vacating premises If any house, mobile home, trailer, building and/or structure or portion thereof is occupied at the time of the posting of the notice declaring a nuisance as provided in this ordinance, the occupant or occupants thereof shall have thirty (30) days in which to vacate the premises after the posting, and any occupancy or holding over from and after the mentioned thirty (30) days from the posting shall constitute a misdemeanor. (Ord. No. 2006-7, Sec. 6.)

11.40.07 Occupation of premises It shall be unlawful for the owner of any house, mobile home, trailer, building and/or structure, or portion thereof, posted as a nuisance under this code section, to lease, let or otherwise allow to be occupied any such house, mobile home, trailer, building and/or structure, or portion thereof, after it shall have been vacated pursuant to the provisions of this ordinance. (Ord. No. 2006-7, Sec. 7.)

11.40.08 Occupying premises It shall be unlawful for any person to occupy, by lease or otherwise, any house, mobile home, trailer, building and/or structure, or portion thereof, after it shall have been vacated pursuant to the posting of the notice of condemnation under this ordinance, and any person so occupying it shall be guilty of a misdemeanor. (Ord. No. 2006-7, Sec. 8.)

11.40.09 Parts of structures as nuisances It is the express purpose and intent of the City Council that if any house, mobile home, trailer, building and/or structure containing a portion thereof which constitutes a nuisance is not subject to tearing down and removing in its entirety, then the portion thereof so constituting a nuisance shall be vacated and kept vacated. (Ord. No. 2006-7, Sec. 9.)

11.40.10 Disposal of removed structure The City Building Inspector or such other official or person as shall be designated by the City Council to tear down and remove any house, mobile home, trailer, building and/or structure constituting a nuisance will accomplish and effect the removal thereof and dispose of it in such a manner as deemed appropriate in the

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circumstances, and to that end, if it has substantial value, shall sell the house, mobile home, trailer, building and/or structure, or any saleable material thereof, by public sale to the highest bidder for cash, ten (10) days’ notice of the sale being first given by one publication in some newspaper having a general circulation in the city to accomplish and effect its removal and the abatement of the nuisance. (Ord. No. 2006-7, Sec. 10.)

11.40.11 Proceeds of sale All proceeds of the sale under this ordinance of any house, mobile home, trailer, building and/or structure, or the proceeds of the sale of saleable materials therefrom, and all fines collected from the provisions of this ordinance, shall be paid by the person collecting them to the city Recorder/Treasurer. If any such house, mobile home, trailer, building and/or structure or the saleable materials thereof are sold for an amount which exceeds all costs incidental to the abatement of the nuisance (including the cleaning up of the premises) by the city, plus any fine imposed, the balance will be returned by the city Recorder/Treasurer to the former owner of the house, mobile home, trailer, building and/or structure constituting the nuisance if the owner can be located, otherwise the excess sale proceeds will be held by the Recorder/Treasurer for the demand of the owner. (Ord. No. 2006-7, Sec. 11.)

11.40.12 Failure to follow court order If the owner of any house, mobile home, trailer, building and/or structure judicially found to be a nuisance under this ordinance fails or refuses to abide by the orders of the court, the City Building Inspector or such other official of person referred to in 11.44.05 will take such action as provided in 11.44.05 and 11.44.10 as will be applicable to such owner. The provision contained in the immediately preceding sentence applies independently of any action as may be taken by the court judicially declaring the nuisance. (Ord. No. 2006-7, Sec. 12.)

 

CHAPTER 11.44

CONVEYANCE OF LAND

Sections:

 

            11.44.01          Sale of lands

            11.44.02          Full disclosure

            11.44.03          City-wide general election

            11.44.01 Sale of lands If and in the event the City Council of the city of Johnson, Washington County, Arkansas, desires to convey, sell, mortgage, encumber, or otherwise dispose of any ownership interest in any tract or parcel of real estate or real property owned by said city, a majority of the registered voters of the city of Johnson, Washington County, Arkansas, shall as a condition precedent to said conveyance approve and ratify said conveyance

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by a general city-wide election by simple majority vote of all registered voters within the city limits of the city of Johnson, Washington County, Arkansas. (Ord. No. 46, Sec. 1.)

            11.44.02 Full disclosure If and in the event of any such city-wide general election the question to be voted on shall set forth in general and ordinary language all financial particulars of the purposed transaction including, but not limited to, a legal and layman’s description of the property to be conveyed; the consideration given by the city for such property; the complete identity of the purchases of the property; a complete and accurate recitation of all considerations and financing arrangements to be made and entered into by any purposed purchasers with the city; all special conditions, restrictions, covenants or easements affected together with all other material facts and matters as might exist and be pertinent to the purposed transaction. Provided further, that no sale or transfer or conveyance of real parcels shall be affected by the city unless said election is held and ratified by a majority of the registered voters more than thirty (30) days next before the actual closing date of said purposed conveyance. (Ord. No. 46, Sec. 2.)

            11.44.03 City-wide general election The election seeking ratification and approval of the registered voters of the city of Johnson, Washington County, Arkansas, in which approval of said sale or conveyance is sought shall be by existing ordinance establishing a method for calling special, general or city-wide elections. (Ord. No. 46, Sec. 3.)

 

CHAPTER 11.48

STORMWATER POLLUTION PREVENTION

Sections:

 

            11.48.01          General provisions

            11.48.02          Prohibitions and requirements

            11.48.03          Stormwater discharges from construction activities

            11.48.04          Grading

            11.48.05          Enforcement

            11.48.01 General provisions

            A.        Purposes The purpose and objectives of this article are as follows:

1.         To maintain and improve the quality of water impacted by the storm drainage system within the city of Johnson.

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2.         To prevent the discharge of contaminated stormwater runoff and illicit discharges from industrial, commercial, residential, and construction sites into the storm drainage system within the city of Johnson.

3.         To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the storm drainage system.

4.         To encourage recycling of used motor oil and safe disposal of other hazardous consumer products.

5.         To facilitate compliance with state and federal standards and permits by owners of construction sites within the city.

6.         To enable the city to comply with all federal and state laws and regulations applicable to the National Pollutant Discharge Elimination System (NPDES) permitting requirements for stormwater discharges.

B.        Administration Except as otherwise provided herein, the Mayor or his designated representative shall administer, implement, and enforce the provisions of this article.         

C.        Abbreviations The following abbreviations when used in this article shall have the designated meanings:

            ADEQ – Arkansas Department of Environmental Quality

            BMP – Best Management Practices

            CFR – Code of Federal Regulations

            EPA – U.S. Environmental Protection Agency

            HHW – Household Hazardous Waste

            MS4 – Municipal Separate Storm Sewer System

            NPDES – National Pollutant Discharge Elimination System

            SWP3 – Strormwater Pollution Prevention Plan

D.        Definitions Unless a provision explicitly state otherwise, the following terms and phrases as used in this article shall have the meanings hereinafter designated.

Best Management Practices (BMP’s) refers to management practices and methods to control pollutants in stormwater. BMP’s are of two types: “source controls” (non-structural) and “treatment controls” (structural). Source controls are practices that prevent pollution by reducing potential pollutants at their source, before they come into contact with stormwater. Treatment controls remove pollutants from stormwater. The selection, application and maintenance of BMP’s must be sufficient to prevent or reduce the likelihood of pollutants entering the storm drainage system. Specific BMP’s shall be imposed by the city and a list of appropriate BMP’s can be obtained from the city.

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City means the city of Johnson, Arkansas.

Clearing means the act of cutting, removing from the ground, burning, damaging or destroying trees, stumps, hedge, brush, roots, logs, or scalping existing vegetation.

Commercial means pertaining to any business, trade, industry, or other activity engaged in for profit.

Construction site means any location where construction activity occurs.

Contaminated means containing harmful quantities of pollutants.

Contractor means any person or firm performing or managing construction work at a construction site, including any construction manager, general contractor or subcontractor. Also includes, but is not limited to, earthwork, paving, building, plumbing, mechanical, electrical or landscaping contractors, and material suppliers delivering materials to the site.

Discharge means any addition or release of any pollutant, stormwater or any other substance whatsoever into storm drainage system.

Discharger means any person who causes, allowed, permits, or is otherwise responsible for, a discharge, including, without limitation, any owner of a construction site or industrial facility.

Domestic sewage means sewage originating primarily from kitchen, bathroom and laundry sources, including waste from food preparation, dishwashing, garbage grinding, toilets, baths, showers and sinks.

Earthwork means the disturbance of soils on a site associated with clearing, grading, or excavation activities.

Environmental Protection Agency (EPA) means the United States Environmental Protection Agency, the regional office thereof, any federal department, agency, or commission that may succeed to the authority of the EPA, and any duly authorized official of the EOA or such successor agency.

Facility means any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant.

Fertilizer means a substance or compound that contains an essential plant nutrient element in a form available to plants and is used primarily for its essential plant nutrient element content in promoting or stimulating growth of a plant or improving the quality of a crop, or a mixture of two or more fertilizers.

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Garbage means putrescible animal and vegetable waste materials from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products.

Grading means any land altering activity, including stripping top soil, excavating, cutting, filling or similar construction activity.

Groundwater means any water residing below the surface of the ground or percolating into or out of the ground.

Harmful quantity means the amount of any substance that the City Engineer determines will cause an adverse impact to storm drainage system or will contribute to the failure of the city to meet the water quality based requirements of the NPDES permit for discharges from the MS4.

Hazardous waste means any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261.

Household Hazardous Waste (HHW) means any material generated in a household (including single and multiple residences) that would be classified as hazardous.

Illegal discharge see illicit discharge below.

Illicit discharge means any discharge to the storm drainage system that is prohibited under this ordinance.

Illicit connection means any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drainage system.

Industrial waste (or commercial waste) means any wastes produced as a byproduct of any industrial, institutional or commercial process or operation, other than domestic sewage.

Land alteration means the process of grading, clearing, filling, excavating, quarrying, tunneling, trenching, construction of similar activities.

Mechanical fluid means any fluid used in the operation and maintenance of machinery, vehicles and any other equipment, including lubricants, antifreeze, petroleum products, oil and fuel.

Mobile commercial cosmetic cleaning (or mobile washing) means power washing, steam cleaning, and any other method of mobile cosmetic cleaning, of vehicles and/or exterior surfaces, engaged in for commercial purposes or related to a commercial activity.

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Municipal Separate Storm Sewer System (MS4) means the system of conveyances, including roads, streets, curbs, gutters, ditches, inlets, drains, catch basins, pipes, tunnels, culverts, channels, detention basins and ponds owned and operated by the city and designed or used for collecting or conveying stormwater, and not used for collecting or conveying sanitary sewage.

NPDES means the National Pollutant Discharge Elimination System

NPDES permit means a permit issued by EPA 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.

Notice of violation means a written notice detailing any violations of this ordinance and any action expected of the violators.

Oil means any kind of oil in any form, including, but not limited to: petroleum, fuel oil, crude oil, synthetic oil, motor oil, cooking oil, grease, sludge, oil refuse, and oil mixed with waste.

Owner means the person who owns a facility, part of a facility, or land.

Person means any individual, partnership co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns, including all federal, state, and local governmental entities.

Pesticide means a substance or mixture of substances intended to prevent, destroy, or repel any pest.

Pet waste (or animal waste) means excrement and other waste from domestic animals.

Petroleum product means a product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel or lubricant in a motor vehicle or aircraft, including motor oil, motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel.

Pollutant means any substance attributable to water pollution, including but not limited to rubbish, garbage, solid waste, litter, debris, yard waste, pesticides, herbicides, fertilizers, pet waste, animal waste, domestic sewage, industrial waste, sanitary sewage, wastewater, septic tank waste, mechanical fluid, oil, motor oil, used oil, grease, petroleum products, antifreeze, surfactants, solvents, detergents, cleaning agents, paint, heavy metals, toxins, household hazardous waste, small quantity generator waste, hazardous substances, hazardous waste, soil and sediment.

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Pollution means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water that renders the water harmful, detrimental, or injurious to humans, animal life, plant life, property, or public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.

Potable water means water that has been treated to drinking water standards and is safe for human consumption

Private drainage system means all privately or publicly owned ground, surfaces, structures or systems, excluding the MS4, that contribute to or convey stormwater, including but not limited to, roofs, gutters, downspouts, lawns, driveways, pavement, roads, streets, curbs, gutters, ditches, inlets, drains, catch basins, pipes, tunnels, culverts, channels, detention basins, ponds, draws, swales, streams and any ground surface.

Qualified person means a person who possesses the required certification, license, or appropriate competence, skills, and ability as demonstrated by sufficient education, training, and/or experience to perform a specific activity in a timely and complete manner consistent with the regulatory requirements and generally accepted industry standards for such activity.

Release means to dump, spill, leak, pump, pour, emit, empty, inject, leach, dispose or otherwise introduce into the storm drainage system.

Rubbish means non-putrescible solid waste, excluding ashes, that consist of:

A.        Combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and

B.        Non-combustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1600º to 1800º).

Sanitary sewage means the domestic sewage and/or industrial waste that is discharged into the city sanitary sewer system and passes through the sanitary sewer system to a sewage treatment plant for treatment.

Sanitary sewer means the system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated to a sewage treatment plant (and to which stormwater, surface water, and groundwater are not intentionally admitted).

Sediment means soil (or mud) that has been disturbed or eroded and transported naturally by water, wind or gravity, or mechanically by any person.

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Septic tank waste means any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and aerated tanks.

Shall means mandatory; may means discretionary.

Site means the land or water or where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

Solid waste means any garbage, rubbish, refuse and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, municipal, commercial, construction, mining or agricultural operations, and residential, community and institutional activities.

State means the state of Arkansas.

Storm drainage system means all surfaces, structures and systems that contribute to or convey stormwater, including private drainage systems, the MS4, surface water, groundwater, Waters of the State and Waters of the United States.

Stormwater means runoff resulting from precipitation.

Stormwater Pollution Prevention Plan (SWP3) means a document that describes the Best Management Practices to be implemented at a site, to prevent or reduce the discharge of pollutants.

Subdivision development includes activities associated with the platting of any parcel of land into two or more lots and includes all construction activity taking place thereon.

Surface water means water bodies and any water temporarily residing on the surface of the ground, including oceans, lakes, reservoirs, rivers, ponds, streams, puddles, channelized flow and runoff.

Uncontaminated means not containing harmful quantities of pollutants.

Used oil (or used motor oil) means any oil that as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties.

Utility agency means public or private utility companies, city departments or contractors working for public or private utility companies or city departments, engaged in the construction or maintenance of utility distribution lines and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television and communication services.

Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

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Water of the State (or water) means any groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, navigable or non-navigable, and including the beds and banks of all water courses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.

Water quality standard means the designation of a body or segment of surface water in the state for desirable uses and the narrative and numerical criteria deemed by state or federal regulatory standards to be necessary to protect those uses.

Waters of the United States means all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and the flow of the tide; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetland adjacent to waters identified in this definition; and any waters within the federal definition of “waters of the United States” at 40 CFR Section 122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the Federal Clean Water Act.

Wetland means any area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions Wetlands generally include swamps, marshes, bogs, and similar areas.

Yard waste means leaves, grass clippings, tree limbs, brush, soil, rocks or debris that result from landscaping, gardening, yard maintenance or land clearing operations.

(Ord. No. 2007-6, Sec. 1.)

            11.48.02 Prohibitions and requirements

            A.        Prohibitions

1.         No person shall release or cause to be released into the storm drainage system any discharge that is not composed entirely of uncontaminated stormwater, except as allowed herein. Common stormwater contaminants include trash, yard waste, lawn chemicals, pet waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste and sediment.

2.         Any discharge shall be prohibited by this section if the discharge in question has been determined by the City Council to be a source of pollutants to the storm drainage system.

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3.         The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

4.         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.

5.         No person shall maliciously destroy or interfere with BMP’s implemented pursuant to this ordinance.

B.        Exemptions The following non-stormwater discharges are deemed acceptable and not a violation of this section:

1.         A discharge authorized by an MPDES permit other than the MPDES 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 non-commercial washing of vehicles on properties zoned A-1, R-1, R-2, R-3, R-4, R-5 or I;

5.         Uncontaminated discharge from foundation, footing or crawl space drains, sump pumps and air conditioning condensation drains;

6.         Uncontaminated groundwater, including rising groundwater, groundwater infiltration into storm drains, pumped groundwater and springs;

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.

            C.        Requirements applicable to certain dischargers

 

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

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removal, bank erosion repairs, maintenance of vegetable cover, and removal of debris from pipes and structures.

2.         Minimization of irrigation runoff A discharge of irrigation water that is of sufficient quantity to cause a concentrated flow in 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 ordinance. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this code. 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.         Material storage In addition to other requirements of this code, materials shall be stored to prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of hazardous substances is prohibited.

6.         Pet waste Pet waste shall be disposed of as solid waste or sanitary sewage in a timely manner, to prevent discharge to the storm drainage system.

7.         Pesticides, herbicides and fertilizers Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided.

8.         Prohibition on use of pesticides and fungicides banned from manufacture Use of an pesticide, herbicide or fungicide, the manufacture of which has been either voluntarily discontinued or prohibited by the Environmental Protection Agency, or any federal, state or city regulation is prohibited.

9.         Open drainage channel maintenance Every person owning or occupying property through which an open drainage channel passes shall keep and maintain that part of the drainage channel within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or retard the flow of water through the drainage channel. In

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addition, the owner or occupant shall maintain existing privately owned structures adjacent to a drainage channel, so that such structures will not become a hazard to the use, function, or physical integrity of the drainage channel.

D.        Release reporting and cleanup A person responsible for a known or suspected release of materials which are resulting in or may result in illegal 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. In the event of such a release of non-hazardous materials, said person shall notify the city no later than 4:30 p.m. of the next business day.

E.         Authorization to adopt and impose best management practices The city may adopt and impose 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 BMP’s are required, every person undertaking such activity or operation, or owning or operating such facility shall implement and maintain these BMP’s at their own expense. (Ord. No. 2007-6, Sec. 2.)

11.48.03 Stormwater discharges from construction activities

A.        General requirements for construction sites

1.         The owner of a site of construction activity shall be responsible for compliance with the requirements of this ordinance. All sites, in accordance with state of Arkansas law must post appropriate notices and keep logs and records as required by ADEQ.

2.         Before construction can begin, the contractor is required to install the erosion control devices and BMP’s required in the SWPPP that are necessary and able to be installed. Once this has been done, the contractor shall notify the city and an inspection will be completed by city or other authorized personnel. Upon acceptance of the erosion control device and BMP installation, a pre-construction conference will be scheduled. Construction may begin upon city approval following the pre-construction conference.

3.         Solid waste, industrial waste, yard waste and any other pollutants or waste on any construction site shall be controlled through the use of Best Management Practices. Waste or recycling containers shall be provided

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and maintained by the owner or contractor on construction sites where

there is the potential for release of waste. Uncontained waste that may blow, wash or otherwise be released from the site is prohibited.

4.         Ready-mixed concrete, or any materials resulting from the cleaning of vehicles or equipment containing or used in transporting or applying ready-mixed concrete, shall be contained on construction sites for proper disposal. Release of these materials is prohibited.

5.         Best Management Practices shall be implemented to prevent the release of sediment from construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site entrances shall be managed to prevent sediment tracking. Excessive sediment, as determined by the city’s representative, tracked onto public streets shall be removed immediately.

6.         No construction of any development may proceed nor may a developer receive a building permit nor may final plat approval be issued for a subdivision without an approved bond being posted for the cost of the site development work that would cause land disturbing activity unless the developer has:

a.         The approved drainage and/or detention facilities constructed and certified by the project Engineer of Record and “as-built” plans being submitted to the city.

b.         If determined necessary by the City Engineer, an Erosion Control Plan must be submitted for approval.

7.         For purposes of this ordinance, “land disturbing activity” means any use of land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause to contribute to sedimentation, except for ordinary agricultural practices, city, county, state or federally funded and authorized construction and maintenance. Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity, or ice from the site of its origin. In determining the need for sedimentation or erosion control, the decision of the City Engineer is final.

8.         Upon completion of permitted construction activity on any site, the property owner and subsequent property owners will be responsible for continued compliance with the requirements of this ordinance, in the course of maintenance, reconstruction or any other construction activity on the site.

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B.        Construction sites requiring an approved SWP3 This section applies to all construction sites of greater than or equal to one (1) acre but less than five (5) acres of land where construction on a site will disturb soil or remove vegetation during the life of the construction project. This shall include a single lot in a larger development regardless of size. A copy of the Stormwater Pollution Prevention Plan (SWP3) and construction site notice for the project must be provided to the city by the construction site owner before construction begins. For sites subject to review by the Planning Commission, such will not be approved for construction until a duly certified SWP3 has been filed with the City Engineer.

            This section applies to all construction sites of greater than or equal to five (5) acres of land where construction on a site will disturb soil or remove vegetation during the life of the construction project. A copy of the ADEQ approved Stormwater Pollution Prevention Plan (SWP3) and ADEQ stormwater permit for the project must be provided to the city by the construction site owner before construction begins. For sites subject to review by the Planning Commission, such will not be approved for construction until a duly certified SWP3 has been filed with the City Engineer. The owner/developer bears the responsibility for implementation of the SWP3 and notification of all contractors and utility agencies on the site.

C.        Subdivision developments requiring an approved SWP3 Where construction of a subdivision development will disturb soil or remove vegetation on greater than or equal to one (1) acre but less than five (5) acres of land during the life of the development project, a copy of the Stormwater Pollution Prevention Plans (SWP3’s) and a copy of the construction site notice for the project must be provided. Where construction of a subdivision development will disturb soil or remove vegetation on five (5) or more acres of land during the life of the development project, a copy of the ADEQ approved Stormwater Pollution Prevention Plans (SWP3’s) and a copy of the ADEQ stormwater permit for the project must be provided to the city. The SWP3 must be implemented by the subdivision owner/developer as follows:

1.         The area disturbed shall be assumed to include the entire platted area, unless shown otherwise.

2.         SWP3’s must be provided by the subdivision owner/developer.

3.         SWP3’s must be provided for all phases of development, including sanitary sewer construction, storm drainage system construction, waterline, street and sidewalk construction, general grading and the construction of individual homes. The subdivision owner/developer will not be required to provide an SWP3 for the activities of utility agencies within the subdivision.

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4.         The subdivision owner/developer shall provide a copy of the approved SWP3’s to all utility agencies prior to their working within the subdivision.

5.         The subdivision owner/developer bears the responsibility for implementation of the approved SWP3’s for all construction activity within the development, excluding construction managed by utility agencies.

6.         The subsequent owner of an individual lot bears the responsibility for continued implementation of the approved SWp3’s for all construction activity within or related to the individual lot, excluding construction managed by utility agencies. An amendment to the approved SWP3 may be required to reflect the change in ownership and any revisions to the approved SWP3 that may be necessary. The subsequent owner is responsible for maintaining the site in accordance with state of Arkansas law and must post appropriate notices and keeps logs and records as required by ADEQ.

D.        Stormwater Pollution Prevention Plans Preparation and implementation of Stormwater Pollution Prevention Plans for construction activity shall comply with the following:

            1.         Preparation

a.         The SWP3 shall be prepared under the direction of a qualified person.

b.         The SWP3 shall follow all the current EPA and ADEQ guidelines set forth for the development of said plans.

c.         The SWP3 shall be prepared in accordance with this ordinance and the current city of Johnson drainage ordinance.

                        2.         Implementation

a.         BMP’s shall be installed and maintained by qualified persons. The owner/developer or their representative shall maintain and be able to provide upon request a copy of the SWP3 on site and shall be prepared to respond to unforeseen maintenance of specific BMP’s.

b.         The owner/developer or their representative shall inspect all BMP’s at least once per week and within 24 hours after a rainfall of one-half (½) inch or more as measured at the site.

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c.         Based on inspections performed by the owner/developer or by authorized city personnel, modifications to the SWP3 will be necessary if at any time the specified BMP’s do not meet the objectives of this ordinance. In this case the owner/developer or authorized representative shall meet with authorized city personnel or their authorized representative to determine the appropriate modifications. All modifications shall be completed within seven (7) days of the referenced inspection, except in circumstances necessitating more timely attention, and shall be recorded on the owner’s copy of the SWP3.

            E.         Requirements of utility construction

1.         Utility agencies shall be responsible for compliance with the requirements of this ordinance.

2.         Utility agencies shall develop and implement Best Management Practices (BMP’s) to prevent the discharge of pollutants on any site of utility construction within the city. In addition, the city may adopt and impose BMP’s on utility construction activity.

3.         Utility agencies shall implement BMP’s to prevent the release of sediment from utility construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site entrances shall be managed to prevent sediment tracking. Excessive sediment, as determined by the city’s representative, tracked onto public streets shall be removed immediately.

4.         Prior to entering a construction site or subdivision development, utility agencies shall have obtained from the owner a copy of any SWP3’s for the project. Any disturbance to BMP’s resulting from utility construction shall be repaired immediately by the utility company in compliance with the SWP3. (Ord. No. 2007-6, Sec. 3.)

            11.48.04 Grading

A.        Findings The city has experienced development activity causing the displacement of large amounts of earth and the removal of vegetative cover. Significant problems resulting from such development include flooding, soil erosion and sedimentation, unstable slopes, and impaired quality of life. These problems are a concern because of their vegetative effects on the safety and general welfare of the community and environment.

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B.        Purpose The purposes of this section are to:

            1.         Prohibit the indiscriminate clearing of property.

            2.         Prevent excessive grading, clearing, filling, cutting, or similar activities.

3.         Substantially reduce flooding, erosion and sediment damage within the city.

4.         To safeguard the safety and welfare of citizens.

5.         Establish reasonable standards and procedures for development, which prevent potential flooding, erosion and sediment damage.

6.         Prevent the pollution of streams, ponds and other watercourses by sediment.

7.         Minimize the danger of flood loss and property loss due to unstable slopes.

8.         Preserve natural vegetation, which enhances the quality of life of the community.

9.         To conceal hillside scars.

            C.        General requirements

1.         Persons engaged in land alteration activities regulated by this section shall take measures to protect neighboring public and private properties from damage by such activities. The requirements of this section, however, are not intended to prevent the reasonable use of properties.

2.         The responsible party shall be liable for all fines levied or remedial action required under this section. Each violation shall be considered a separate offense.

3.         Any person, who engages in land alteration activities regulated by this section without obtaining a grading permit, shall be required to restore the land, to the maximum extent practicable to its original condition.

4.         The permit applicant shall have on the project site at all times an agent who is a competent superintendent capable of reading and thoroughly understanding the plans, specifications and requirements for the type of work being performed. The superintendent shall have full authority to issue orders or direction to employees working on site, without delay and to promptly supply such materials, labor, equipment, tools, and incidentals as may be required to complete the work in a proper manner. If no superintendent is on site, the city official may issue the notice of violation and stop work order to the person conducting the violation.

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            D.        Grading permit required

1.         Any person proposing to engage in clearing, filling, cutting, quarrying, construction or similar activities on any piece of disturbed land of one (1) acre or larger shall apply to the city for a grading permit as specified in this section. A large scale development plan shall be obtained from the city before constructing or expanding a vehicular use area or when expanding or rehabilitating a building and landscaping is required. No land shall be altered or cleared to the extent regulated in this section unless approved by a permit.

2.         No land alteration shall be permitted until all necessary city approval of all plans and permits, except building permit, have been issued and construction is imminent. In those cases where filling or cutting in areas with no trees is to be done, the area is to be graded suitable for mowing and shall be re-vegetated according to current ADEQ requirements or as shown on the plans, whichever is stricter.

3.         A grading permit is required for land alteration activities specified in this section. However, all construction work shall include appropriate drainage and erosion control measures to protect neighboring properties. All land alteration on properties within the designated 100 year floodplain or on a 20% or greater slope and any excavation from which fill will be exported or imported requires a grading permit without exception.

4.         Prior to issuance of a grading permit, a grading and drainage plan shall be submitted and approved by the city. A drainage report shall be submitted to the city at the time new subdivisions and large scale developments are submitted for project approval. The drainage report shall comply with all current drainage ordinances and must be certified by a registered professional engineer licensed in the state of Arkansas.

5.         Utility organizations may obtain a one-time approval from the city 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 underground electric, water, sewer, natural gas, telephone or cable facilities. The approval will include a utility organization and its contractors, agents or assigns and will be permanent in nature as long as the original approved procedures are followed. However, large-scale utility projects involving clearing of areas over twenty-five (25) feet in width shall not be authorized by one-time approval of all projects. In such cases, a separate grading permit must be obtained for each project.

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6.         One-time approval may be obtained by public or private entities for the stockpiling of construction spoil material at particular locations for a limited time period, not to exceed six (6) months. Grading and replanting of grassed areas is required upon removal of stockpile.

            E.         Exemptions A grading permit shall not be required for:

1.         Emergency work or repairs to protect health, safety and welfare of the public.

2.         Cemetery graves.

3.         Construction of or addition to a single family residence. This shall include excavations for basements, footings, swimming pools, hot tubs septic systems, retaining walls, and like structures.

4.         Refuse disposal sites controlled by other regulations.

F.         Contents of grading plans The grading and drainage plan shall identify the following:

            1.         Acreage of the proposed project.

2.         Designate all land areas to be disturbed and label acreage of disturbed areas.

3.         Stages of grading showing the limits of sections to be graded.

4.         The height and slope of cuts and fills.

5.         Cross sections shall be required every fifty (50) feet on property where the depth of excavation or fills exceeds five (5) feet, showing original and final grades. A grading plan showing existing and proposed contours with a maximum 2-foot contour interval for slopes less than 10% and a maximum 5-foot contour interval for slopes greater than 10% can be shown as an alternate to cross-sections every 50 feet.

6.         Provisions for collecting and discharging surface water.

7.         Erosion and sediment control measures, including structural and vegetative measures. Specification of measures to control runoff, erosion and sedimentation during the process of construction, noting those areas where control of runoff will be required during construction and indicating what will be used, such as sediment basins, silt dams, rock check dams, lateral hillside ditches, catch basins, etc.

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8.         Seal, Certificate of Authority and signature of a registered engineer qualified under state regulations to certify that the grading and drainage plan complies with this section.

9.         A vicinity drawing showing location of property lines, location and names of all existing or platted streets or other public ways within or immediately adjacent to the tract on city of Johnson topographic mapping or approved equal.

10.       Location of all known existing sewers, water mains, culverts and underground utilities within the tract and immediately adjacent thereto; location of existing permanent buildings on or immediately adjacent to the site if right-of-entry can be obtained to locate same.

11.       Identification of rights-of-way or easements affecting the property.

12.       A plan of the site at a minimum scale of one (1) inch equals one hundred (100) feet or less, i.e., 1” = 50’ or 1” = 30’, etc.

13.       The grading plan shall include areas of tree protection, erosion and sediment control provisions meeting standards established by the city and ADEQ.

Such other information required by the city, including but not limited to:

1.         The approximate location and width of existing and proposed streets.

2.         The locations and dimensions of all proposed or existing lots.

3.         The locations and dimensions of all parcels of land proposed to be set aside for parks, playgrounds, natural condition perimeters, public use, or for the use of property owners in proposed development.

4.         Existing and proposed topography at a maximum of two-foot contour intervals unless approved otherwise by the city.

5.         Identification of unusual material or soils in land areas to be disturbed. If any surface indications of unusual materials or soils that would cause street or lot instability, such as non-vertical tree growth, old slides, seepage, or depressions in the soil are visible before grading, they should be noted and accompanied by the engineer’s recommendation for correcting such problem areas.

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6.         Identification of suitable material to be used for fills shall be accomplished before actual filling begins. If there are any surface indications that local material is not suitable for fills, those areas to be filled with outside material should be identified and the type and source of the fill noted.

7.         Measures to protect neighboring built-up areas and city property during process of construction, noting work to be performed, such as cleaning existing ditches, storm culverts and catch basins or raising existing curbs in neighboring areas.

8.         Provisions to stabilize soils and slopes after completion of streets, sewers and other improvements, noting on the grading plan when and where ground cover will be planted, also noting any other means to be used such as placement of stone embankments and riprap or construction of retaining walls.

9.         All fill areas shall be compacted to 95% standard proctor density unless approved otherwise.

G.        Issuance procedure The following procedure shall be implemented for the issuance of a grading permit.           

1.         The city or its authorized representative shall approve, disapprove or recommend modification of the grading plan in writing within ten (10) working days after the date of submittal.

2.         Upon approval of the final plan, the city shall issue a grading permit. A superintendent capable of understanding the plans and with the authority to issue orders to employees performing the land alteration shall properly supervise the land alteration work.

Groups of trees and individual trees that are not to be removed and required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any other purpose. The fencing shall be placed and maintained by the owner until all exterior construction except landscaping has been completed. Individual trees to be preserved outside the protected area shall be fenced at the critical root zone and shall be flagged with bright orange vinyl tape wrapped around the main trunk at a height of four (4) feet or more such that the tape is clearly visible to workers on foot or operating equipment.

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The City Engineer may allow minor modifications of the plan to alleviate particular problems during the process of construction. In reviewing request for modifications, the City Engineer may require from the applicant’s engineer appropriate reports and data sufficient to make a decision on the request.

Major changes to plans previously approved shall only be permitted by the Planning Commission. Examples of major changes are those that substantially increase the height of cuts, the area of clearing or grading, or impact on neighboring properties. More than twenty percent (20%) increase in height, areas or impact will normally be considered a major change. Examples of increased impact include reductions in buffer area, increased runoff onto adjacent properties and increased site area that is visible from adjacent properties or public streets.

            H.        Grading plan requirements

1.         Preparation of grading and drainage plans shall be designed on the basis of the following considerations:       

a.         A maximum of thirty (30) vertical feet of fill or excavation (three, ten [10] feet vertical terraces to two, fifteen [15] feet vertical terraces) is permitted. However, additional development areas may be constructed a minimum of one-hundred fifty (150) feet in width and at a slope of no more than eight percent (8%). The maximum of thirty (30) feet of fill or excavation may again be utilized.

b.         The depth of fill or excavation shall be measured from the finish grade elevation to the original ground line elevation.

c.         No more than two hundred (200) feet of terrace can be in a straight line and a minimum of a ten (10) foot curved section, jog, or offset is required for each additional 200 feet of terrace.

d.         For excavations or fills constructed with slopes flatter than 3:1 (three horizontal to one vertical), terraces are not required nor is there a limit on the height of cut or fill. Planting requirements on these 3:1 slopes shall be the same as required for terraces and shall be spaced uniformly over the slope.

e.         Cuts or fills shall be limited to ten (10) feet in height or to fifteen (15) feet if architectural stone is included to protect the vertical face. A series of smaller cuts or fills with terraces, preserving portions of natural vegetation and providing areas for planting, shall be used in situations where more than ten (10) feet of cut or fill is needed.

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f.          Terracing width shall be at a ratio of at least one (1) foot of horizontal terrace for every one (1) foot of vertical height, up to a maximum of ten (10) feet. Terraces shall be landscaped with dense evergreen plantings sufficient to screen the cut or fill slope.

g.         If the slope of the cut or fill is faced with an architectural stone wall, the terrace plantings shall be a minimum of two (2) rows of trees four (4) feet between the rows, staggered not more than twenty (20) feet on centers.

2.         Development shall be planned to fit topography, soils, geology, hydrology, and other existing site conditions.

3.         To the extent practical, lot boundaries shall be made to coincide with natural and pre-existing man-made drainage ways within subdivisions.

4.         Provisions shall be made for safety against unstable slopes or slopes subject to erosion and deterioration.

5.         Grading shall complement natural landforms.

6.         Easements for drainage channel maintenance shall be in accordance with the current drainage ordinance.

7.         All developments or any lot containing or adjacent to a drainage channel or drainage structure must provide the minimum finish floor elevation for any proposed structure based on the 100 year flood elevation in the drainage structure. For subdivision, this minimum elevation shall be shown on the Final Plat. For Large Scale Development Plans, this minimum elevation must be shown on the approved plans.

8.         After grading, all paving, seeding, sodding, or mulching shall be performed in accordance with a reasonable schedule approved by the City Engineer.

9.         Open areas not planned for immediate use shall be seeded or sodded. Soil which is exposed for more than twenty-one (21) days with no construction activity shall be seeded, mulched or re-vegetated in accordance with this code. All restoration efforts must be to the satisfaction of the city.

10.       Areas not well-suited to development, as evidenced by existing incompetent soils, geology, hydrology investigations and reports, should be allocated to open space and recreational uses.

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11.       The potential for soil loss shall be minimized by retaining natural vegetation wherever possible.

12.       Appropriate BMP’s and other erosion and sediment control practices shall be used to accommodate stormwater runoff and control soil loss occasioned by changed soil and surface conditions during and after development, including the use of vegetation and limitations on soil exposure. If city, by its representative, determines upon visual inspection that excessive silt from the construction has migrated offsite, additional measures to reduce erosion may be required.

13.       Permanent improvements such as streets, storm sewers, curb and gutters and other feature for control of storm runoff shall be scheduled as soon as economically and physically feasible before removing vegetation cover from the area, so that large areas are not left bare and exposed for long periods of time beyond the capacity of temporary control measures.

14.       Private roads, parking lots, and access ways (excluding residential driveways), within developments shall utilize curb, gutter, and storm drain systems to provide adequate drainage. The use of swales and sodding open side ditches are acceptable only upon written approval of the City Engineer. All utilities must be a minimum of 24” below the flow line of an open ditch unless approved in writing by the City Engineer and the respective utility company. Clearances may be reduced for paved ditches.

15.       Person engaged in land alteration activities regulated by this section shall take measures to protect public and private properties from damage by such activities.

16.       A temporary or permanent sediment basin, debris basin, silt basin or silt trap shall be installed and maintained to substantially reduce sediment from water runoff. The volume of the sediment basin shall be three thousand (3000) cubic feet per acre for property with average slope greater than five percent (5%) or fifteen hundred (1,500) cubic feet per acre for property with an average slope less than five percent (5%). A properly sized sediment basin is required for each separate drainage area within the property being developed.

17.       Construction access shall be limited to locations as approved by the city. Construction access points shall be graveled for a minimum length of twenty percent (20%) of the lot depth or fifty (50) feet, whichever is greater, up to a maximum of one hundred (100) feet and of adequate thickness to minimize tracking onto the city street. Two (2) to three (3) inch crushed stone shall be used for the construction entrance.

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18.       Appropriate provisions shall be made to prevent excessive particulate matter from becoming airborne.

19.       A perimeter buffer strip shall be temporarily maintained around disturbed areas for erosion control purposes and shall be kept undisturbed except for reasonable access for maintenance. The width of the strip shall be six percent (6%) of the lot width and depth. The minimum width shall be twenty-five (25) feet and the maximum shall be forty (40) feet. In no event shall these temporary strips by less than the width of the permanent buffers required for the development.

20.       A minimum strip twenty-five (25) feet wide, undisturbed except for reasonable access, shall be provided along each side of streams having a peak ten-year storm flow rate of greater than one hundred fifty (150) cubic feet per second. The 25-foot strip shall be measured from the top of the bank. An exception to this requirement is allowed where the only work being done on the site is public street construction.

21.       Care shall be exercised to minimize the risk of damage from or to pedestrian and vehicular traffic in the vicinity of a cut or fill by placement of handrails, guardrails, fencing or landscaping.

I.          Unified plan and permit One plan may be submitted incorporating all provisions for compliance with the applicable city zoning, drainage, stormwater detention, grading, clearing, filling, cutting, quarrying, and construction requirements.

J.          Miscellaneous

1.         Grading plans shall conform to the Phase II Stormwater Regulations as established by United States Environmental Protection Agency’s regulations, Region VI published in the July 6, 1998 Federal Register or its latest revisions.

2.         A copy of the ADEQ NOI permit shall be required for all sites of one (1) acre or more.

K.        Transition period Any construction or development project which has received a development or building permit under prior provisions of the Johnson Code shall come into full compliance with the requirements of this ordinance within thirty (30) days of its effective date.

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L.         Fees A fee for each grading permit shall be paid to the city as follows:

            Total project area                                                        Fee

            1 acre or less                                                                $100.00

            Greater than 1 acre but less than 5 acres                     $200.00

            Greater than 5 acres                                                    $300.00

            (Ord. No. 2007-6, Sec. 4.)

11.48.05 Enforcement

A.        Enforcement personnel authorized The following personnel shall have the power to issue Notices of Violations and implement other enforcement actions under this ordinance as provided by the city of Johnson:

            1.         All inspector employed by the city of Johnson

            2.         The City Engineer or his authorized representatives.

            B.        Right of entry and sampling

1.         Whenever the City Engineer has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this ordinance, the City Engineer or his authorized representative shall have the right to enter the premises at any reasonable time to determine if the discharger is complying with all requirements of this ordinance. In the event that the owner or occupant refuses entry after a request to enter has been made, the city is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry.

2.         The city shall have the right to set up on the property of any discharger to the storm drainage system such devices that are necessary to conduct sampling of discharges.

C.        Enforcement procedures This policy establishes a formal enforcement procedure to be followed by the city of Johnson’s City Engineer when enforcement action is necessary on sites that do not comply with the city’s Stormwater Pollution Prevention, Erosion Control, and Grading Ordinance. Enforcement cases can be generated in any of three ways:

            1.         Through the construction review process;

            2.         Through complaints from individuals, groups, etc; and

            3.         Through referrals from city/state agencies.

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            Procedures to be followed for each of these methods are outlined below.

1.         Construction review Every effort is made to use the construction review process to correct deficiencies in site compliance whenever possible. Should that process fail to achieve expected results or if the site reviewer feels that a violation is serious enough to warrant enforcement action, the following procedures shall be followed:

a.         Issuance of Notice of Violation If site deficiencies are noted, the owner/developer or authorized agent shall be given a notice of violation. The notice of violation shall be specific as to the noted violation, corrective measures to be taken, and time frame allowed to complete the work.

b.         Compliance Review At the end of the time period specified above, a follow-up site inspection shall take place to determine whether compliance has been achieved. Depending on that determination, the following actions may occur:

(1)        Site violations corrected If all previous site violations have been corrected, the site reviewer shall issue an inspection report stating that fact and the site shall be returned to a normal construction review status.

(2)        Previous violations not corrected If previously noted violations have not been satisfactorily corrected, the further actions may be initiated as outlined in the following section.

2.         Submissions from the general public Members of the general public may submit information pertaining to this ordinance to the city of Johnson. The City Engineer will consider such submissions as they pertain to the implementation and enforcement of this ordinance and will provide written or verbal response to the person submitting the information.

3.         Agency referrals Referrals from other agencies will be handled in the following manner:

a.         Cases will be referred directly to the City Engineer. At this point the City Engineer will determine if enforcement actions are warranted and if proper documentation has been obtained. If the City Engineer determines that action is required, the enforcement process will be set into motion.

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b.         Cases received by the City Engineer will handled on a first come, first served basis. All enforcement actions will be initiated by a site inspection to verify site conditions that caused the case to be referred. If conditions have been corrected or do not exist as stated in the referral, the case will be returned to file for documentation and reporting purposes. If conditions exist as stated in the referral, enforcement actions will proceed. (See 3c)

c.         Once site conditions have been verified and the site is determined to be in a state of non-compliance two avenues of enforcement can be pursued, one for the infrequent offender and one for the frequent offender.

(1)        Infrequent offender If an individual or company is being reviewed by the City Engineer for the first time or it has been at least three (3) years since the last violation (36 months has elapsed since last review), notice to comply will be issued to the owner/developer informing them they are not in compliance with the city’s Stormwater Pollution Prevention, Erosion Control, and Grading Ordinance, the steps needed to be taken to get into compliance, and that they have an established time frame to complete the work. At the end of the period the City Engineer will re-inspect to check for compliance. If all work has been satisfactorily completed the case will be returned to file for documentation and reporting purposes. If the work has not been satisfactorily completed within the established time frame a citation (ticket) will be issued to the owner developer and follow up will be done until the site is brought into compliance.

(2)        Frequent offender If an individual or company has been reviewed by the City Engineer at any time in the preceding thirty-six (36) months, they will be considered repeat offenders. Repeat offenders will be issued a citation (ticket) by the City Engineer upon verification of non-compliance with the city’s Stormwater Pollution Prevention, Erosion Control, and Grading Ordinance. Follow-up will continue until the site has been brought into compliance.

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            D.        Enforcement options for failure to comply

1.         City of Johnson’s City Engineer may issue a stop work order to any persons violating any provision of the city’s Stormwater Pollution Prevention, Erosion Control, and Grading Ordinance by ordering that all site work stop except that necessary to comply with any administrative order.

2.         City of Johnson’s City Engineer may request that the city of Johnson refrain from issuing any further building or grading permits until outstanding violations have been remedied.

3.         City of Johnson’s City Engineer may initiate penalties as stipulated herein. Complete information concerning enforcement and penalties is described below.

E.         Action without prior notice Any person who violates a prohibition or fails to meet a requirement of this article will be subject, without prior notice, to one or more of the enforcement actions, when attempts to contact the person have failed and the enforcement actions are necessary to stop an actual or threatened discharge which presents or may present imminent danger to the environment, or to the health or welfare of persons, or to the storm drainage system.

F.         Enforcement actions

1.         Recovery of costs Within thirty (30) days after abatement by city representatives, the Mayor or authorized representative shall notify the property owner of the costs of abatement, including administrative costs, and the deadline for payment. The property owner may protest the assessment before the City Council. The written protest must be received by the Mayor’s office within fifteen (15) days of the date of the notification. A hearing on the matter will be scheduled before the City Council. The decision of the City Council shall be final. If the amount due is not paid within the protest period or within ten (10) days of the decision of the City Council, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the County Clerk so that the Clerk may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the Treasurer shall include the amount of the assessment on the bill for taxes levied against the parcel of land.

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2.         Termination of utility services After lawful notice to the customer and property owner concerning the proposed disconnection, the Mayor shall have the authority to request the disconnection of water, sanitary sewer and/or sanitation services, upon a finding by the City Engineer that the disconnection of utility services will remove a violation of this article that poses a public health hazard or environmental hazard.

3.         Performance bonds Where necessary for the reasonable implementation of this article, the Mayor may, by written notice, order any owner of a construction site or subdivision development to file a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the City Engineer to be necessary to achieve consistent compliance with this article. The city may deny approval of any building permit, subdivision plat, site development plan, or any other city permit or approval necessary to commence or continue construction or to assume occupancy, until such a performance bond has been filed. The owner may protest the amount of the performance bond before the City Council. The written protest must be received by the Mayor’s office within fifteen (15) days of the date of the notification. A hearing on the matter will be scheduled before the City Council. The decision of the City Council shall be final.

4.         Criminal prosecution Any person who violates or continues to violate a prohibition or requirement of this article shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to criminal penalties.

G.        Criminal penalties The violation of any provision of this ordinance shall be deemed a misdemeanor offense. Any person violating this ordinance shall, upon an adjudication of guilty or a plea of guilty or no contest, be fined according to the schedule of fines. Each separate day on which a violation is committed or continues shall constitute a separate offense.

1.         Other legal action Notwithstanding any other remedies or procedures available to the city, if any person discharges into the storm drainage system in a manner that is contrary to the provisions of this ordinance, the City Attorney may commence an action for appropriate legal and equitable relief including damages and costs in any court of competent jurisdiction. The City Attorney may seek a preliminary or permanent injunction or both which restrains or compels the activities on the part of the discharger.

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2.         Violations/schedule of fines A violation of any of the foregoing provisions shall be punished in accord with the following schedule of fines:

            Offense                                               Fine (per offense – not to exceed)

            First                                                     $1,000

            Second                                                            $2,000

            Third                                                   $4,000

            Fourth and subsequent offenses         $8,000

            (Ord. No. 2007-6, Sec. 5.)

 

CHAPTER 11.52

STORMWATER RUNOFF

Sections:

 

            11.52.01          General provisions

            11.52.02          Applicability

            11.52.03          Project control

            11.52.04          Storm water management

            11.52.05          Administration of all drainage projects

            11.52.01 General provisions The provisions of this ordinance shall apply to all lands within the city of Johnson, Arkansas, and its planning area as defined on the official maps of the city of Johnson. (Ord. No. 2007-7, Sec. 1.)

            11.52.02 Applicability Developers of land within the jurisdiction of the city of Johnson, Arkansas, shall provide for drainage improvements and the protection of the area, land and water resources as follows herein. The principles and concepts of erosion and sedimentation control and watershed protection apply to all projects and shall be instituted as required by the current Grading, Erosion Control and Stormwater Pollution Prevention Ordinance. (Ord. No. 2007-7, Sec. 2.)

            11.52.03 Project control All development shall comply with the following sections in preparing the project plan:

A.        To the extent practical, all development shall conform to the natural contours of the land and natural pre-existing man-made drainage channels shall remain undisturbed. Approved clearing or enlargement of drainage channel will be allowed.

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B.        To the extent practical, lot boundaries shall be made to coincide with natural and pre-existing man-made drainage ways within subdivisions.

C.        When the proposed project borders a subdivision with an existing storm drain system, a storm drain system will be required and every effort shall be made to make the system compatible.

D.        Easements for drainage channel maintenance will be a minimum of twenty (20) foot wide unless approved in writing by the City Engineer.

E.         All developments or any lot containing or adjacent to a drainage channel or drainage structure must provide the finish floor elevation for any proposed structure one (1) foot minimum above the 100 year flood elevation in the drainage structure. For subdivisions, this minimum elevation shall be shown on the Final Plat. For Large Scale Development Plans, this minimum elevation must be shown on the approved plan.

F.         Whenever practical, the drainage system of a development shall coordinate with and connect to existing systems or drainage ways on surrounding properties or streets.

G.        Where offsite downstream improvements are required to control runoff resulting in part from the improved area, it shall be the developer’s responsibility to acquire the necessary easement(s) from property owners for the construction and operation of the necessary drainage improvements. If affected property owners are not receptive to granting easements, the developer may petition that city for assistance. All easements shall be dedicated to the city. In the event the developer petitions the city for assistance, the procedure will be as follows:

1.         The petition shall first be presented to the Planning Commission which shall make its recommendation on the same to the City Council.

2.         The City Council shall either approve or reject the petition and, if approved, shall direct the City Attorney to proceed with condemnation proceedings upon the developer depositing the required funds with the Recorder/Treasurer.

3.         The primary criterion to be used by the Planning Commission and the City Council in deciding whether to proceed with the condemnation proceedings shall be whether the taking is in the best interest of the affected drainage area and not whether the taking is in the best interest of the developer or the project being considered.

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4.         If the petition is approved, the developer shall deposit with the Recorder/Treasurer the funds necessary to acquire the required easements to pay appraisal and attorney fees and costs and any and all other funds reasonably foreseeable to accomplish the taking. The engineer of record for the project shall provide a cost estimate to determine the amount necessary to be deposited.

5.         The developer shall deposit additional funds as necessary from time to time once the taking order has been issued and litigation has begun.

6.         The condemnation suit shall be brought in the name of the city and shall be directed and controlled by it.

H.        Private roads, parking lots, and access ways, (excluding residential driveways) within developments shall utilize curb, gutter, and storm drain systems to provide adequate drainage. The use of swales and sodding open side ditches are acceptable only upon written approval of the City Engineer. All utilities must be a minimum of 24” below the flow line of an open ditch unless approved in writing by the City Engineer and the respective utility company. Clearances may be reduced for paved ditches.

I.          Persons engaged in land alteration activities regulated by this chapter shall take measures to protect public and private properties from damage by such activities.

J.          All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such development. More specifically, new development may not unreasonably impede water runoff from higher properties nor may it unreasonably channel water onto lower properties.

K.        Land shall be re-vegetated and restored as close as practically possible to its original condition so far as runoff and erosion are concerned. All restoration efforts must be to the satisfaction of the City Engineer.

L.         A drainage report shall be submitted to the city at the time new subdivisions and Large Scale Developments are submitted for project approval. The drainage report must be certified by a registered professional engineer licensed in the state of Arkansas.

M.        A grading permit shall be required as detailed in the current grading ordinance.

            (Ord. No. 2007-7, Sec. 4.)

11.52.04 Storm water management All development shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments. More specifically:

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A.        No development or other activity may be constructed or maintained so that such development or activity unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing avoidable damage to such higher adjacent properties; and

B.        No development may be constructed or maintained that allows surface water to flow onto lower adjacent properties to cause avoidable damage to such lower adjacent properties.

C.        All drainage design must be computed based on the total drainage basin or area, including on and off site, being totally developed in accordance with the city of Johnson’s approved Master Land Use Map. Runoff coefficient values shall be used in accordance with the Arkansas Highway and Transportation Department’s Drainage Manual.

D.        Erosion control provisions shall be as set forth in the current Grading, Erosion Control and Stormwater Pollution Prevention Ordinance.

E.         A drainage report with complete hydraulic data showing all calculations shall be performed by an engineer licensed in the state of Arkansas and shall be completed in accordance with the Arkansas Highway and Transportation Department’s Drainage Manual. The impact on downstream flows outside the project shall also be addressed. The following requirements shall also apply:

1.         Methods of calculating stream flows and runoff The following is a general guideline; other methods may be used with written approval from the City Engineer.

a.         The rational method shall be used in determining peak storm water runoff for areas up to 100 acres in size. To determine the intensity use the Intensity-Duration –Frequency curve from the city of Fayetteville Drainage Manual.

b.         The SCS TR-55 Method shall be used in determining peak storm water runoff for areas from 100 to 2,000 acres in size.

c.         The HEC-1 Method shall be used in determining runoff for areas greater than 2,000 acres.

2.         Storm frequency The following storm frequencies shall be used in all runoff calculations: 2-year, 5-year, 10-year, 25-year, 50-year and 100-year.

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3.         Stormwater detention

a.         If hydrologic and hydraulic studies reveal that the development would cause increased flood stages so as to increase the flood damages to existing developments or property, or increase flood elevations beyond the vertical limits set for the floodplain districts, then the grading permit shall be denied unless one or more of the following mitigation measures are used:

            1.         Stormwater detention

            2.         Improve the downstream drainage system

b.         Stormwater detention ponds shall be designed to limit the peak stormwater discharge rate of the 2, 10, 25, 50 and 100 year storm frequencies after development to predevelopment rates.

c.         Detention facilities shall be located within the parcel limits of the project under consideration. No detention or ponding will be permitted within public road right-of-ways.

d.         Wet weather ponds or dry reservoirs shall be designed with proper safety, stability, and ease of maintenance facilities, and shall not exceed eight (8) feet in depth. Maximum side slopes for grass reservoirs shall not exceed one (1) foot vertical for three (3) feet horizontal (3:1). In no case shall the limits of maximum ponding elevation be closer than twenty (20) feet horizontally from any building and less than one (1) foot vertically below the lowest sill or floor elevation. The entire reservoir area shall be sodded as required prior to final plat approval. The pond bottom shall have a slope of 1.0% or greater and a 4’ trickle channel shall be supplied.

e.         Detention is permitted in parking lots to maximum depths of six (6) inches. In no case should the maximum limits of ponding be designed closer than ten (10) feet from a permanent structure unless waterproofing of the building and pedestrian accessibility are properly documented and approved.

f.          Detention facilities shall be provided with effective control structures. Plan view and sections of the structure with adequate details shall be included in the construction plans.

g.         All detention reservoirs with the exception of parking lot detention shall be enclosed by a drainage/maintenance easement for public use unless the basin is to be maintained by the property owner.

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h.         Finished floor elevations shall be set at one (1) foot minimum above the calculated 100 year water surface elevation for the pond.

4.         Floor elevations shall be set at a minimum of one (1) foot above the calculated 100 year flood elevation on each lot or site that is located adjacent to a primary drainage way. Floor elevations shall be shown at a minimum of two (2) feet above the 100 year flood elevation in areas that are in a designated floodplain.

5.         All flow of water across continuous streets or alleys shall be through culverts or bridges.

6.         Bridges and culverts shall be sized to accommodate the total contributing drainage area involved and the frequency of rainfall event as follows:

                                    Local street                 10 year

                                    Collector street            25 year

                                    Arterial street              50 year

7.         Design of bridges and culverts shall conform to the AHTD standards and construction specifications.

8.         Closed storm sewers shall be constructed of precast or prefabricated pipe or cast-in-place conduit conforming to the AHTD standards and specifications.

9.         Open paved storm drainage channels shall be constructed in accordance with the AHTD standards and specifications.

10.       All side slopes of earth lined channels shall be sodded unless approved otherwise by the City Engineer.

11.       It shall be understood that the minimum requirements outlined in these standards are only minimum requirements and shall only be applied when conditions, design criteria, and materials conform to the city specifications and are normal and acceptable to the City Engineer. When unusual subsoil or drainage conditions are suspected, an investigation should be made and a special design prepared in line with good engineering practice.

12.       Review and approval of drainage plans, reports and calculations by the city or city personnel shall not relieve the developer of any responsibility associated with the development of property.

13.       The engineer of record shall certify that the risk of endangerment to life or property damage downstream from the site has not been increased.

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F.         The City Engineer, with the consent of the Planning Commission, may make additional requirements for waterway improvement where the minimum requirements for waterways do not adequately provide for the protection of life, limb, and property.

G.        Preservation of existing channels New construction shall not block existing channels. In constructing buildings or making other improvements, the developer shall not cause material of any sort to block any drainage way. Should the developer inadvertently block such drainage channel, he or she shall immediately take action to restore the full channel capacity.

H.        Fences and structures Temporary or permanent structures and fences shall not be allowed within drainage easements or open channels. Vehicular access to drainage ways shall not be blocked by fences.

I.          The city reserves the right to require improvements, drainage easements, and to enter into agreements beyond the boundaries of the area being developed where necessary to facilitate the flow of water through the area to be developed and to avoid possible damages resulting from changed runoff in the area. The city also reserves the right to provide for or require of the developer, improvements of the overall storm drainage system.

J.          The city may exercise the power of eminent domain to assure proper operation of flood control drainage channels, waterways and storm sewers.

K.        These requirements will not preclude the developer from acquiring a Storm Water Pollution Prevention permit in accordance with the Arkansas Department of Environmental Quality’s standards. A copy of the Storm Water Pollution Prevention Plan shall be provided to the City Engineer. (Ord. No. 2007-7, Sec. )

4.)

11.52.05 Administration of all drainage projects

A.        Project plan required A developer of land shall cause to be prepared a project plan in accordance with the provisions of this ordinance. Prior to any construction or other improvement being commenced upon the subject property, the project plan must be approved as provided by this ordinance.

B.        Project plan submission procedure

1.         The developer shall file three (3) copies of the project plan and drainage report with the Planning Commission for consideration thirty (30) days prior to the Planning Commission meeting.

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2.         Upon filing and consideration of the project plan and drainage report, the Planning Commission may approve, disapprove, or approve with conditions, the project plan and/or drainage report.

3.         If the Planning Commission finds that they cannot determine if the project plan and drainage report satisfies the requirements of the ordinance, due to a matter of interpretation, a question of engineering opinion or supporting data, or the complexity of the project, the Planning Commission may elect to retain an engineer for technical counsel in assisting to resolve an issue. The engineering fees for technical counsel will be paid by the developer.

            C.        Appeal

1.         Any decision of the engineer retained for technical counsel, may be appealed to the Planning Commission by the developer provided the developer does so by filing his or her written appeal notice with the Planning Commission Chairman within fifteen (15) days of the decision from the engineer.

2.         Any decision of the Planning Commission, with the exception of a variance decision under sub-part (E) of this section, may be appealed by the developer to the City Council provided the developer does so by filing his or her written appeal notice with the Mayor’s office within fifteen (15) days of the decision of the Planning Commission.

D.        Approved project plan term The approval of a project plan shall be effective for an original term of six (6) months from its date of approval. Thereafter, if construction of the improvements or any portion thereof has not been completed, the approval of the project plan shall lapse. Provided, however, the developer may obtain an extension of approval of the project plan for successive six (6) months terms upon written request to the Planning Commission stating good cause therefore and certifying that no change has occurred which would materially affect the project plan.

E.         Variance Upon application by a developer, for good cause, the Planning Commission shall have authority to vary the requirements of this ordinance.

F.         Enforcement

1.         No building permit shall be issued until the project plan has been approved and the drainage system constructed and certified.

2.         The City Engineer may authorize adjustments in the approved plan during construction provided the adjustments conform to the purpose and intent of the project plan.

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G.        Warranty of developer The developer is required to provide routine maintenance of the drainage system until structures have been built on 50% of the lots in the development or after two (2) years, whichever is longer, at which time the city accepts the system. Upon acceptance of the drainage system, the developer must warrant the operation of the drainage system for a one-year period after acceptance by the city. A bond equal to 50% of the cost of the drainage improvements will be required of the developer. The bond shall be required until all project phases are complete. No alteration of the drainage system will be allowed without written approval by the City Engineer.

H.        Penalty It shall be unlawful for any person, firm, or corporation to alter, or tamper with an approved public or private drainage system or detention basin or dispose of trash or debris or other construction material into a private or public drainage system. Any person, firm or corporation violating this ordinance shall be subject to imprisonment not to exceed thirty (30) days or a fine not to exceed Five Hundred Dollars ($500.00) or both. Each day will be considered a separate violation. (Ord. No. 2007-7, Sec. 5.)

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