Type:   MAUNOT
Party:   ORDINANCE NO. 1166
County:   Pulaski
Attorney/Contact:   Tina Timmons

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF MAUMELLE, COUNTY OF PULASKI, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED: ORDINANCE NO.  1166
AN ORDINANCE TO AMEND THE MAUMELLE CITY CODE REGARDING THE COMMENCEMENT OF GRADING AND CLEARING ACTIVITIES FOLLOWING APPROVAL OF A PRELIMINARY PLAT OR DEVELOPMENT PLAN, AND FOR OTHER PURPOSES
WHEREAS, city staff requested that the planning commission consider proposed amendments to the Maumelle City Code regarding the commencement of grading and clearing activities following approval of a preliminary plat or development plan; and WHEREAS, at a public hearing on December 18, 2025, the planning commission discussed staff’s proposal and approved a motion to recommend that the city council make the same amendments to the Maumelle City Code, subject to further staff, commissioner, and city engineer comments; and WHEREAS, the city council now finds it necessary and proper to amend the Maumelle City Code. 
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MAUMELLE, ARKANSAS, AS FOLLOWS:
SECTION 1. Maumelle City Code § 70-73(d)(1)(c) is amended to read as follows:
Sec. 70-73. – Preliminary plat approval/notification. . . .
(d) . . .
(1) . . .
c. Receipt by the subdivider of the executed certificate of preliminary plat approval and construction plans approved by the city engineer as described herein is authorization to proceed with the preparation of necessary plans and specifications and the installation of required public improvements, excluding land-clearing, grubbing, or mass-grading activities which require a grading permit under section 94-13. The necessary plans and specifications (engineering designs) require approval of the engineering staff prior to any construction in the subdivision. The subdivider shall build all public streets and drainage improvements to the specifications of the construction plans approved by the city. Construction work shall be subject to on-site inspections by the city to verify conformance with the approved construction plans. Any change to the approved construction plans must be approved by the city engineer prior to construction. A subdivider who proceeds without approval of construction plans or changes to construction plans risks the requirement of removal of any installed improvements or portions thereof.
SECTION 2. Maumelle City Code § 94-13(c)(1) is amended to read as follows:
Sec. 94-13. – Grading permit required. . . .
(c) Grading permit required.
(1) A grading permit shall be required before any work may be commenced on any excavation or grading, and shall be issued only after all site and grading plans or preliminary plat and/or preliminary development plan approvals have been received from the final approving body. unless such work is otherwise authorized by the Maumelle City Code.
SECTION 3. Maumelle City Code § 94-13(e)(5) is amended to read as follows:
Sec. 94-13. – Grading permit required. . . .
(e) Contents of grading and drainage plans. The grading and drainage plan shall identify the following: . . .
(5) Tree protection zones, delineated with orange construction safety fencing along with durable, weathering signs clearly identifying the area as a “non-clearing buffer zone” under section 94-13(f)(1)(d)(i);
SECTION 4. Maumelle City Code § 94-13(f)(1) is amended to read as follows:
Sec. 94-13. – Grading permit required. . . .
(f) Issuance procedure.
(1) The following procedure shall be implemented for the issuance of a grading permit:
a. . . .
b. . . .
c. . . .
d. PRE-CONSTRUCTION REQUIREMENTS (PHYSICAL PROTECTION). As a mandatory condition of the grading permit and a prerequisite for the commencement of any land-clearing, grubbing, or grading activity, the applicant shall comply with the following:
i. PHYSICAL PROTECTION AND DELINEATION. Physically delineate all required non-disturbance zones, buffers (including stream buffers, setbacks, and tree protection areas), and limits of construction using highly visible protective barriers, specifically orange construction safety fencing installed on posts. For all protected trees or groves, this fencing shall be installed at a minimum distance equal to the tree’s drip line or the edge of the pre-determined tree protection zone, whichever is greater. No grading, excavation, material storage, or equipment access is permitted within this delineated area. The fencing shall be maintained in good condition for the duration of all construction activities.
SECTION 5. Maumelle City Code § 94-451(c)(1) is amended to read as follows:
Sec. 94-451. – Application review procedure, PRD, PCD. . . .
(c) . . .
(1) Approval. If the preliminary development plan is approved by the planning commission, it will be forwarded to the city council for their review. The city council may grant, deny, defer for requested changes or information, or return the application to the planning commission for further study. The city council may direct the planning commission to reconsider specific aspects of the preliminary development plan. The approval of the preliminary development plan does not constitute the recording of a plat or authorize the issuance of a building permit. Both of these actions are contingent on approval of the final development plan and plot. The approved preliminary plat permits the completion of subdivision construction, streets, grading, utilities and the like, contingent on meeting all requirements of section 94-13. If the preliminary application is approved, a post-preliminary application conference shall be held between the applicant and the staff. This conference will be held to discuss what changes were required by the city council. The staff will inform the applicant of any plan alteration or additional information which must be submitted for the final development plan/plat review.
SECTION 6. Maumelle City Code § 94-813 is amended to read as follows:
Sec. 94-813. – Subdivision developments requiring an approved SWP3.
Where construction of a subdivision development will disturb soil or remove vegetation on one or more acres of land during the life of the development project, approved stormwater pollution prevention plans (SWP3s) for the project must be provided and implemented by the subdivision owner/developer as follows: . . .
(6) The subsequent owner or builder of an individual lot bears the responsibility for implementation of approved SWP3s for all construction activity within or related to the individual lot, excluding construction managed by utility agencies.
(7) The installation and documentation of all initial SWP3 (SWIP) Best Management Practices (BMPs) must be fully functional and inspected prior to the commencement of any land-clearing or grading activity.
SECTION 7. (Do not codify.) Codification. It is the intention of the city council that the provisions of this ordinance shall become and be made a part of the Maumelle City Code.
SECTION 8. (Do not codify.) Repealer. All other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.
SECTION 9. (Do not codify.) Severance. If any clause, sentence, paragraph, section or other portion of this ordinance is found to be unconstitutional, invalid, or inoperative by a court of competent jurisdiction, such findings shall not affect the validity of the remainder of these sections, nor shall any proceeding invalidating any portion of any section operate to affect any portion of the remainder of said sections not specifically attacked in said proceeding. Adopted this 2nd day of February 2026. DR1T 2/17/2026