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Ordinance 2007-06

ORDINANCE NO. 2007-06
AN ORDINANCE CONCERNING GRADING, EROSION CONTROL, AND
STORMWATER POLLUTION PREVENTION, PROVIDING FOR THE
EMERGENCY CLAUSE AND FOR OTHER PURPOSES
WHEREAS, the City Council of the City of Johnson, Arkansas believes it to be in the
best interest of the citizens of the city to enact provisions governing construction grading,
erosion control during construction projects and the prevention of stonnwater pollution, and
WHEREAS, the City of Johnson has desired to take a stronger position concerning
the practices used by contractors and builders in the above-stated areas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JOHNSON, ARKANSAS:
SECTION 1: That the Code of Ordinances of the City of Johnson, Arkansas, is
hereby amended by adding the following:
City of Johnson, Arkansas
Stornrvvater Pollution Prevention, Grading, And Erosion Control
Contents:
GENERAL PROVISIONS
A. Purposes
B. Administration
C. Abbreviations
D. Definitions
PROHIBITIONS AND REQUIREMENTS
A. Prohibitions
B. Exemptions
C. Requirements Applicable to Certain Dischargers
D. Release Reporting and Cleanup
E. Authorization to Adopt and Impose Best Management Practices
STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES
A. General Requirements for Construction Sites
B. Construction Sites Requiring an Approved Storm Water Pollution Prevention Plan
C. Subdivision Developments Requiring an Approved Storm Water Pollution Prevention
Plan
D. Stormwater Pollution Prevention Plans
E. Requirements for Utility Construction
F. Grading Permit
GRADING
A. Findings
B. Purpose
C. General Requirements
D. Grading Permit Required
E. Exemptions
F. Contents of Grading Plans
G. Issuance Procedure
H. Grading Plan Requirements
I. Unified Plan and Permit
J. Miscellaneous
K. Transition Period
L. Fees
ENFORCEMENT
A. Enforcement Personnel Authorized
B. Right of Entry and Sampling
C. Enforcement Procedures
D. Enforcement Options For Failure to Comply
E. Action without Prior Notice
F. Enforcement Actions
G. Criminal Penalties
SECTION 1
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.
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.
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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 - Stormwater Pollution Prevention Plan
(D) Definitions
Unless a provision explicitly states otherwise, the following terms and phrases as
used in this Article, shall have the meanings hereinafter designated.
Best Management Practices fBMP's") here refers to management practices and methods
to control pollutants in stormwater. BMP's are of two types: "source controls"
(nonstructural) 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
storrmvater. 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.
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.
Pischarge means any addition or release of any poi'utant, stormwater or any other
substance whatsoever into storm drainage system.
Discharger means any person who causes, allows, 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 QEPA) 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 EPA or such successor agency.
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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.
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 Substance means any substance listed in Table 302.4 of 40 CFR Part 302.
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 oh 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 or 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.
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 b)r the
City and designed or used for collecting or conveying storrnwater, and not used for
collecting or conveying sanitary sewage.
NPPES means the National Pollutant Discharge Elimination System.
NPPES Permit means a permit issued by EPA mat 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 for 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.
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 S3'stems, 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 demc ustrated by sufficient education,
training, and/or experience to perform a specific activity in a timely and complete
manner consistent with the regulatory requirements & 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)
noncombustible waste materials, including glass, crockery, tin cans, aluminum cans,
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metal furniture, and similar materials that do not burn at ordinary incinerator
temperatures (1600 to 1800 degrees Fahrenheit).
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.
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 area where any facility or activity is physically located or
conducted, including adjacent land used in connection with the facility or
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 fSWP3~) 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.
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 wetlands 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
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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 'idapted 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.
SECTION 2.
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.
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
1. The following non-stormwater discharges are deemed acceptable and not a
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violation of this Section:
a. A discharge authorized by an NPDES permit other than the NPDES permit for
discharges from the MS4;
b. Uncontaminated waterline flushing and other infrequent discharges from
potable water sources;
c. Infrequent uncontaminated discharge from landscape irrigation or lawn
watering;
d. Discharge from the occasional non-commercial washing of vehicles on
properties zoned A-l, R-l, R-2, R-3, R-4, R-U or I;
e. Uncontaminated discharge from foundation, footing or crawl space drains,
sump pumps and air conditioning condensation drains;
f. Uncontaminated groundwater, including rising groundwater, groundwater
infiltration into storm drains, pumped groundwater and springs;
g. Diverted stream flows and natural riparian habitat or wetland flows;
h. 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 removal, bank
erosion repairs, maintenance of vegetative 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
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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. Materials 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 any 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 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
Any 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
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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.
SECTION 3.
STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES.
(A) Genera] 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 BMPs 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. Waste Disposal. 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 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.
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5. Erosion and Sediment Control. 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. Erosion and Sediment Control. 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 with "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, hi 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.
(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
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be provided to the City by the construction site owner before construction begins.
For sites subject to review by the Plarrning 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 fihd 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 (SWP3rs) 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.
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.
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5. The subdivision owner/developer bears the responsibility for implementation of
the approved SWPS'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) Stornrwater 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 of an inch or
more as measured at the site.
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
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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 for 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 SWPS'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.
SECTION 4.
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
negative effects on the safety and general welfare of the community and environment.
(B) Purpose
The purposes of this section are to:
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1. Prohibit the indiscriminate clearing of property.
2. Prevent excessive grading, clearing, filling, cuttir g, 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 lines 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 fall 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.
(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.
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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 in
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 offence 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.
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.
Exemptions
A grading permit shall not be required for:
1. Emergency work or repairs to protect health, safety and welfare of the
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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 proj ect.
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.
8. Seal, Certificate of Authority and signature oi 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.
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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 lai.d 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.
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
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will be planted, also noting any other means to b; 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 submirtal.
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.
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 inpact on neighboring properties.
More than twenty percent (20%) increase in height, area 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
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following considerations:
a. A maximum of thirty (30) vertical feet of fill or excavation (three, ten [10]
feet vertical terraces or 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 ir situations where more than ten
(10) feet of cut or fill is needed.
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.
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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 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 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.
11. The potential for soil loss shall be minimized by retaining natural vegetation
wherever possible.
12. Appropriate BMPs 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 it's 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 features 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.
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17. 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 siding 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.
18. Persons engaged in land alteration activities regulated by this section shall take
measures to protect public and private properties from damage by such activities.
19. 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 (5) percent, or
fifteen-hundred (1500) cubic feet per acre for property with an average slope
less than five (5) percent. A properly sized sediment basin is required for each
separate drainage area within the property being developed.
20. 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.
21. Appropriate provisions shall be made to prevent excessive particulate matter
from becoming airborne.
22. 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 be
less than the width of the permanent buffers required for the development.
23. 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
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street construction.
24. 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.
(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
SECTION 5.
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:
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1. All inspectors 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 believs 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. Procedures to be
followed for each of these methods are outlined below.
1. Construction Review
Ever)' 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.
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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. 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.
b. Cases received by the City Engineer will handled on a first come, first served
basis. All enforcement actions will be initia' ed 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
28
'£•
City Engineer for the first time or it has been at least 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 reinspect 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 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.
D. Enforcement Options for Failure to Comply
1. City of Johnson's City Engineer may issue a ^top 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 farther 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
29
drainage system.
F. Enforcement Actions
1. Recovery of Costs. Within 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 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 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 Cle-k 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.
2. Termination of Utility Sendees. 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 sendees,
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 devejopment 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 Mayors Office within 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.
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XI '^
G- Criminal Penalties
The violation of any provision of this ordinance shall be deemed a municipal offense.
Any person violating this ordinance shall, upon an adjudication of guilt 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.
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
First
Second
Third
Fourth and subsequent
offenses
Fine (per offense)
(not to exceed)
S 1,000
52,000
S 4,000
S 8,000
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SECTION 6.
EMERGENCY CLAUSE
The need to address stormwater pollution prevention, erosion control and grading is
immediate and necessary to the health, safety and welfare of the citizens of Johnson.
Arkansas. Therefore, an emergency is declared to exist and this ordinance shall have full
force and effect from and after its passage and approval.
PASSED THIS 10th DAY OF July, 2007.