HomeMy WebLinkAbout2020-04-02 ORDINANCE N0.2020�-DA
AN ORDINANCE TO REVISE AND UPDATE THE BATESVILLE SUBDIVISION REGULATIONS; TO
INCORPORATE AND REFERENCE NEWLY ADOPTED STORMWATER DRAINAGE STANDARDS;
AND FOR OTHER PURPOSES.
WHEREAS,the Batesville City Council recently adopted detailed stormwater drainage standards; and,
WHEREAS,those standards either duplicated or were inconsistent with the minimal standards included in the
Batesville Subdivision Regulations;and,
WHEREAS,the Batesville Planning Commission and the Batesville City Engineer determined what
revisions to the Subdivision Regulations would be most consistent with the adopted stormwater drainage staridards;
and,
WHEREAS,the Batesville Planning Commission conducted a properly advertised public hearing as required
by law on March 2,2020; and,
WHEREAS,the Batesville Planning Commission,at its regular meeting on March 2,2020,recommended,by
unanimous vote,that said revisions be adopted by ordinance°by the Batesville City Council;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE,ARKANSAS:
Section 1. Replace all of Section 15.03.09. of the Batesville Subdivision Regulations with the following:
"(a) General provisions.
(1) Every residential,commercial and industrial subdivision shall make adequate plans and provisions to
accommodate, control and dispose of stormwater by means of drains,sewers,catch basins,culverts,
detention facilities,open ditches and other facilities as deemed necessary by the city engineer,and as
required by the City of Batesville Stormwater Management&Drainage Manual(ordinance number
2019-06-03 as amended). No work shall begin until plans are approved by the City Engineer. Plan
approval shall be based on the requirements of the approved preliminary plat and other applicable city
standards.
(2) Facilities for storm drainage and detention of storrpwater shall be designed and constructed so as to
maintain the rate of stormwater runoff onto adjoining property or downstream systems to that which
existed prior to the development.
(3) Except in single-family detached residential development,on-site detention facilities shall be maintained
by the subdivider,owner of record or property owners association. The bill of assurance shall specifically
state the party who shall be responsible for the maintenance of the detention facility. Maintenance shall
include removal of sediment when the basin's function is impaired, mowing,removal of debris,and
reseeding or re-sodding. If the subdivider, owner or property owners association neglect or refuse to
maintain the detention facility after having been officially notified by the city in writing to do so,the city
is authorized to perform the maintenance and to charge the cost to the subdivider,owner or property
owners association.
(4) Stormwater may not be diverted from one major watershed to another.
(5) If any area or lot is within a designated floodplain or floodway,the final plat shall have a iloodplain
statement indicating the panel number,date and 100-year floodplain contour and/or floodway limit of the
flood insurance rate map(FIRM)applicable to the area. In order to protect the public interest, floodways
in every subdivision shall be kept free of incompatible urban development. Floodways,as defined by the
current FIRM, or as modified by a detailed engineering analysis accepted by the Army Corps of
Engineers,Federal Emergency Management Agency(FEMA), and city staff, shall be either designated
on the plat as a drainage easement,or at the option of the landowner, dedicated to the public.
(b) Facility design specifics
(1) Facilities for storm drainage shall be designed in conformance with the current Stormwater Management
and Drainage Manual.
(2) All open drainage ditches shall conform to the requirements of the Stormwater Management and
Drainage Manual. Open drainage ditches along lot lines of residential property shall not be permitted
unless approved by the City Engineer,and only then in extraordinary circumstances.
(c) Street-related.
(1) All street-related storm drains shall be designed based on the requirements of the master street plan and
the Stormwater Management and Drainage Manual.
(2) All streets shall be provided with permanent six ipch(6")concrete curbs with twenty-four inch(24")
integral concrete gutters or standard roll curb and gutters. The subdivider may request a waiver of this
requirement when it can be demonstrated,to the satisfaction of the City Engineer and Commission,that:
a. The subdivision is in a low-density zoning district(inside of city limits)or that the density of
development is consistent with low density residential lot standards(outside of city limits)and,
b. An alternative street drainage system design is more practical and effective than curbs and gutters.
While relative cost may be a factor in this determination,for the purposes of this section,
"practical"and"effective"shall refer primarily to hydraulic calculations with respect to desirable
storm water run-off and relationship of the street to the Comprehensive Plan.
The substitution of swales for curbs and gutters on streets wider than twenty four feet(24')may be
approved on a case-by-case basis, if the developer can submit oa an overall development plan with a
report,prepared and stamped by a registered professional engineer, which shows that the use of open
swales and oversized lots will result in a decrease in the amount and peak rate of storm water run-off
compared to development using standard minimum requirements.
(d) Easements.
(1) Where a major watercourse, channel or stream traverses a subdivision,a storm drainage easement shall
be provided for access of vehicles and equipment for its maintenance. Such easement shall conform
substantially to the lines of the watercourse as it enters and leaves the property.The width and
construction of the easement shall be based on the classification of the watercourse,channel or stream,
in accordance with the master drainage facilities plan, but in no case shall the easement be less than ten
feet on either side of the centerline of the watercourse.
(2) There shall be no structural encroachments into drainage easements of class I through V drainage
facilities as defined by the master drainage facilities plan. If such facilities arc an enclosed(underground
and covered)drainage system then fences, parking lots, driveways,alleys and the like may encroach into
or traverse the drainage easement.
(3) No utilities,except for utility crossings, shall be allowed to encroach into defined drainage easements.
(4) Wherever possible, subdivisions should be designed with utility easements on one side of lot lines and
drainage easements on the other.
(e) Lot drainage. o
(1) In single-family subdivisions,the project engineer or subdivider shall submit,along with the other
necessary construction drawings and documents, a subdivision lot drainage plan. This plan shall indicate
how the project engineer or subdivider proposes that each individual lot shall drain after it has had a
residential structure built on the lot. This plan shall be reviewed and approved by city staff to ensure that
proper drainage of the individual lot can occur.Once this plan is approved, it shall be used by city staff
as a tool to assist the individual homebuilders in the final grading of the lot to provide the necessary lot
drainage.
(2) Single-family residential home builders shall, at the time of a building permit application, submit a plot
plan indicating how the builder proposes to grade the lot and provide proper lot drainage. This
individual lot drainage plan shall conform to the subdivision lot drainage plan as described in this
subsection.
(3) In order to avoid the potential for damage due to local flooding,all lots shall have the lowest livable
finished floor elevation of any building a minimum of six inches above the finished elevation grade,
except basement floors. The finished elevation grade shall be measured from and include topsoil and
sod, and/or other ground covers.
(4) All lots shall be provided with adequate drainage and shall be graded to drain surface water away from
foundation walls. The grade away from foundation walls shall fall a minimum of six inches within the
first ten feet except as restricted by lot lines,where the fall will be a minimum of six inches regardless of
the horizontal distance available.
(5) Lot owners shall not extend the downspouts of roof gutters,French drains or other type of stormwater
drains to the edge of the property lines unless the discharge empties directly into an approved drainage
facility(open drainage ditch, storm sewer manhole, street gutter,or areas zoned open-space). Lot
owners shall not connect their stormwater drains to any existing city-owned underground drainage pipe.
(6) In those instances where the roof gutters,French drains or other types of stormwater drains cannot
discharge into one of the facilities referenced in this subsection and is therefore directed to an abutting
property,the minimum distance from the point of discharge to a side yard property line shall be one foot
less than the minimum side yard setback requirement as determined by the Zoning Ordinance. The
minimum distance from the point of discharge to a rear yard property line shall be ten feet.
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Section 2. Delete subsection 15.03.1 L(e)in its entirety.
Section 3. The revisions to the Batesville Subdivision Regulations recommended by the Batesville Planning
Commission are hereby adopted and Title 15 of the Batesville Municipal Code is thereby amended.
IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE
INVALID,SUCH INVALIDITY SHALL NOT AFFECT THE REMAINING PORTION OR PORTIONS
OF THIS ORDINANCE.
IT IS SO ORDAINED.
IN WITNESS WHEREOF we have set our hands thisLe—, y
da of 2020.
APPROVED: _
RICK EL BAUGH,
ATTEST:
DENISE JOHNSTON, CI,Ei��
APPROVED AS TO LEGAL FORM:
TIMOTHY MEITZEN,CITY ATTORNEY
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