TO: Mayor and Members of City Council
THRU: Kristoff Bauer, Deputy City Manager
FROM: Giselle Rodriguez, PE, CFM, City Engineer
Sheila Thomas-Ambat, PE, CFM, CCM, Interim Public Services Director
DATE: October 30, 2018
RE:
Title
Stormwater Ordinance and Impervious Surface Allowance for Development/re-development
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Goal II: Diverse and Viable Economy
Goal III: High Quality Built Environment
Executive Summary:
On October 27, 2008, City Council adopted Article III of Chapter 23 of the Code of Ordinances which focuses on stormwater controls associated with land development.
Staff will discuss past changes to this article and compare the City’s requirements with that of peer communities.
Background:
The purpose of this article is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse effects of the increase in stormwater quantity and the stormwater runoff quality associated with both future land development and consideration of existing developed land within the City of Fayetteville. Proper management of the quantity and quality of stormwater runoff intends to:
• minimize damage to public and private property,
• prevent personal damage and bodily harm,
• ensure a functional drainage system,
• reduce the effects of development on land and stream channel erosion,
• promote the attainment and maintenance of water quality standards,
• reduce local flooding by maintaining as nearly as possible the predeveloped runoff characteristics of the area, and
• facilitate economic development while mitigating associated flooding and drainage impacts
Additionally, the purpose of this article is to comply with the post construction stormwater requirements as per the City's National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit.
Some elements of the ordinance are required to enforcement state regulations while others could be changed by the Council based on the community’s desire to adjust the balance between upstream and downstream property concerns. Some of the provisions that have been changed since the adoption of this article are:
• Reduction of the amount of performance guarantees from 150% to 75% of the stormwater control measure construction cost (February 13, 2012)
• Amount and timing change for performance guarantees on Single-family residential subdivision projects (March 25, 2013)
o Reduced amount from 75% of construction cost to 100% of conversion cost (i.e. A large pond on a subdivision could cost $150,000 and the conversion cost (from erosion control pond to permanent pond) could be approx. $30,000).
o Delayed timing from permit issuance for construction to final plat. This allows the developer to build the infrastructure in the proposed R/W and provide the performance guarantee when ready for final plat.
• Increased impervious area threshold for re-development from 2,000 sf to 5,000 sf (June 10, 2013)
• Reduced the stream buffer area for greenways from 50 feet to 30 feet from the top of bank of small streams and from 75 feet to 50 feet for larger streams and rivers. (August 14, 2017)
An independent research study was conducted to compare the City’s requirements on this article with peer communities. In general, the research revealed that the requirements of peer cities are more stringent than those of the City.
Issues/Analysis:
State regulations primarily address water quality controls. These controls, which consist of requirements to build structures such as stormwater ponds, are designed to prevent water pollution. They catch sediment, heavy metals, trash, and a variety of other contaminants, preventing these pollutants from entering our creeks and streams. While these requirements may slow down the flow of rainwater runoff from a developed property, their primary purpose is pollution prevention.
The City Ordinance enforces the state regulations, but also adds some requirements to control water quantity. These controls reduce downstream flooding from developed properties. They are designed to provide a balance between the ability of property owners to develop a piece of property and the right of downstream residents to live in existing homes without the threat of increased flooding. So as properties are developed, the City ordinance helps to protect both the water quality (as required by the State) and prevent flooding of property downstream of developments.
The City’s stormwater ordinance is an attempt to balance the development rights of upstream property owners with the rights of those downstream to enjoy their property without creating or worsening flooding problems.
The success of reaching this balance has been clearly witnessed in our community as development continues. Neighborhoods that used to experience flooding impact during rain events have experienced a reduction of incidents after the stormwater controls have been installed. Staff will present specific examples.
Budget Impact:
Changes on the existing balance could increase the capital need on drainage infrastructure and impact public or private property.
Options:
N/A
Recommended Action:
Receive as information and discuss.
Attachments:
Chapter 23 - Article III
Summary of stormwater ordinance changes from 2006 to 2017
Peer comparison of Stormwater requirements
Record power point from the League of Municipalities