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Ordinance 2016-04

ORDINANCE NO. 2016- 04
AN ORDINANCE AMENDING ORDINANCE NO. 2007-06, REMOVING THE TOTAL EXEMPTION OF SINGLE FAMILY RESIDENCES FROM THE GRADING PERMIT RQUIREMENTS.

WHEREAS, the City of Johnson has always been required to deal with water runoff during periods of moderate to heavy rainfall.

WHEREAS, development of many areas of the City for residential use required only large scale planning and preparation .

WHEREAS, Ordinance No. 2007-06 was adopted to address storm water events and drainage issues in regard to all types of large scale development and exempted single family residential construction and additions.

WHEREAS, recent construction and additions in residential areas where some pieces of land have slope in excess of six and eight percent require additional planning and preparation to avoid harm to adjoining and neighboring pieces of land.

WHEREAS, the City has adopted a "Hilltop /Hillside Overlay District Map" to identify those areas of the City which are most susceptible to damage from storm water runoff/drainage during and following rain events.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:

Section 1: From and after the effective date of this ordinance, Section 4., Grading, subsection (D), Grading Permit Required, paragraph 1. of Ordinance No. 2007-06, is hereby amended to read as follows:

(D) Grading permit Required
I . 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 or a piece of disturbed land in the "Hilltop/Hillside Overlay District" or construction of a retaining wall forty-eight inches (48") and higher 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 

Section 2: From and after the effective date of this ordinance, Section 4., Grading, Subsection (E), Exemptions, paragraph 3. of Ordinance No. 2007-06 is hereby amended to read as follows:

"3.Construction of or addition to a single family residence not in the "Hilltop/Hillside Overlay District". This shall include excavations for basements, footings, swimming pools, hot tubs, septic systems, retaining walls, and like structures. The City engineer may issue a waiver of the grading permit requirement for single family residences. In reviewing a request for such Waiver, the City engineer may require from the applicant appropriate reports and data sufficient to make a decision on the request."

Section 3: The corresponding sections of the Johnson Municipal Code based on the above Amended portions of Ordinance No. 2007-06 are hereby amended on the effective date of this ordinance.

Section 4: In all other respects Ordinance No. 2007-06 and the corresponding sections of the Johnson Municipal Code are hereby ratified and confirmed.

PASSED AND APPROVED this 9th day of February, 2016

Attest: