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HomeMy WebLinkAboutOrdinance 1245 + r ORDINANCE NO . 12 .5 SUBDIVISION REGULATIONS Fayetteville , Arkansas AN ORDINANCE REGULATING THE SUBDIVISION OF LAND WITHIN THE CITY OF FAYETTEVILLE , ARKANSAS AND ITS AREA OF PLANNING JURISDICTION ; REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF PRELIMINARY AND FINAL PLATS FOR SUCH PURPOSES ; ESTABLISHING MINoo IMUM SUBDIVISION DESIGN STkNDARDS ; PROVIDING 14INIMU14 II11PROVE- 14ENTS TO BE iADE OR GUARANTEED TO BE MADE BY THE SUBDIVIDER ; SET - TING FORTH THE PROCEDURE TO BE FOLLO!,JTD BY THE PLANNING COPUIISSION IN APPLYING THESE RULES , REGULATIONS AND STANDARDS ; AND PRES- CRIBING PENALTIES FOR THE VIOLATION ; AND FOR OTHER PURPOSES . NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE , ARKANSAS : 1 . GENERAL PROVISIONS A . Purpose The purpose of these regulations is to set forth the procedures , requirements and minimum standards governing the subdivision of land under the jurisdiction of the Fayetteville City Planning Commission ( hereinafter referred to as the " Planning Commission" ) . Be Authority These subdivision regulations are adopted in accordance with the authority granted by Act 1 $6 of the 1957 General Assembly of the State of Arkansas . Co Jurisdiction The territorial jurisdiction of these regulations includes the land within the corporate limits of the City of Fayetteville and the surrounding area within five miles of those corporate limits except as design- ated on the Planning Area Map adopted on October 7 , 1958 , by the Planning Commission , D . Definitions For the purpose of these regulations , certain terms used herein are defined as follows : 1 . Alley- -a minor public way used for utility easements and vehicular service access to the back or the side of properties abutting a street . 2 . Building Set -Back Line - -a line parallel to the MICROFILMEM'DATEOCr street right - of-way , indicating the limit beyond REEL which buildings or structures may not be erected . 3 . Qul -de=Sdc -.` a street having one -. end, open. to the traffic and being terminated at the other end by a vehicular turnaround. 4 . Easement - - a grant by a pr onerty owner to the public , a corporation , or persons of the use of a strip of land for specific purposes . 5 . Improvements- - street grading and surfacing , curbs and gutters , water main and lines , sanitary and storm sewers , culverts and bridges , and other utilities and related items . 6 . Lot - -a portion of a subdivision , or any parcel , of land intended as a unit of transfer of owner- ship or for development . 7 . Lot Split - -the division of a lot or . tract of land for development into from two to four lots , when the lot or tract of land being divided is clearly located on an existing and improved state , county , or city street or road in or for which public . utilities are installed , and where the construction of any new street or road , the extension of an existing street or road or the installation or extension of public utilities is not involved . $ . Plan , City- -the comprehensive plan made , and . adopted by the Planning Commission and accepted by ordinance by the City Council indicating the general locations recommended for the various land uses, major streets, parks, public buildings; zoning districts and other public improvements . 9 . LanMaior Street - -a plan for streets made and adopted by the Planning Commission and accepted by the City Council by ordinance classifying certain streets within the planning area jurisdiction as thoroughfares or collector streets . 10 : Plat - -a map or drawing and accompanying material indicating the layout and design of a proposed sub - division or lot - split prepared by a developer for consideration and approval by the Planning . Commission . Such plats may be the initial sketch , the preliminary plat or the final plat . 11 : Street - - a dedicated public right - of-way which provides vehicular and pedestrian access to adja- cent properties . a . Thoroughfare- - a street of greater continuity , which userves or is intended to serve as a major traffic way , and is designated as a limited access highway to identify those streets com- prising the basic structure of the street plan . - 2. b . Collector Street - - a feeder route which carries vehicles from minor and residential streets to thoroughfares . c . Minor or Residential Street -- a non-through neighborhood street within a particular area used . mainly for access to properties . 12 . Street , Dead End- - a street , similar to a cul -de- sac , but providing no turnaround at its closed end . 13 . Subdivider- - a person , firm or corporation undertaking to develop a subdivision as defined in these regulations . 14 . Subdivision- - the division or re - subdivision of a lot , tract , or parcel of land within the planning area jurisdiction into two or more lots , or other division of land for development , which involves the installation of or changes in utilities and street improvements to serve residential , comm- ercial or industrial uses ; or the division or subdivision of any tract of land for development even where improvements now exist into more that four ( 4 ) lots . 11 . PROCEDURE FOR SUBDIVISION PLAT APPROVAL Two steps are involved in approval by the Planning Commission of a new subdivision proposal : ( 1 ) pre - �aration and approval of the Preliminary Plat ; and 2 ) preparation and approval of the Final Plat . Pro- cedures to obtain approval of a lot - split proposal are also outlined below . ( Application Forms for Plat Approvals are available in the Offices of the Planning Commission or of the Building Department ) A . Preliminary Plat 1. . Submission ( See sample plats in Office of Planning Commission) The subdivider. shall submit to the Planning Commission an application for Preliminary Plat Approval in one ( 1 ) copy , and a Preliminary Plat , together with per- tinent supporting data , in six ( 6 ) copies , at least ten ( 10 ) days prior to the meeting of the Planning Commission at which consideration is requested . the Preliminary Plat shall show and include the following information on sheets 18 inches by 23 inches . a . General ( 1 ) Name of subdivision ( 2 ) Boundary of subdivision and . written legal description of property in proposed sub - division with tie -in to known survey markers - 3 - such as the U . S . Government land survey . ( 3') Zoning district or districts in which subs division is located . ( 4 ) Names and addresses of the owner , developer , and the engineer preparing the plat . ( 5 ) Scale of plat , one ( 1 ) inch equals one hundred ;( 100 ) feet if space permits ; other- wise , one ( 1 ) inch equals two hundred ( 200 ) feet . ( 6 ) Date , north arrow, and scale . ( 7 ) Vicinity map , at a legible scale , on Preliminary Plat , showing the location of all abutting streets and development and such further information on surrounding territory as may be requested by the Planning Commission . b . Existing Conditions ( 1 ) Location , width , name and kind of surface of each existing or platted street ; rail - road , or other public way , and utility easements , parks and other public' .open •spaces , and permanent buildings , within and adjacent to the proposed subdivision . ( 2 ) Location and size of existing sewers , water mains , gas mains , culverts , or other under- ground installation within the proposed sub- division and immediately adjacent thereto , when available . ( 3 ) Names of adjacent subdivisions and owners of adjacent parcels of unsubdivided land . ( 4 ) Topography with contour lines at twenty ( 20 ) foot intervals , if required by the Planning Commission because of the terrain . ( 5 ) Location of bridges , wooded areas , lakes , streams , low areas subject to flooding and related features . C . Proposed Development ( 1 ) Names , location , widths and kind of surface . . of proposed streets and roadways and location and width of alleys , sidewalks , curb and gutters ( if proposed ) and utility easements ( 2 ) Location and character of all proposed public utility lines , including sewers ( storm and sanitary ) , water , gas , and power lines , when available . - 4- ( 3 ) Layout , numbers and dimensions of lots and the number or letter of each block . ( 4 ) Location and size of proposed parks , play- grounds , churches , or school sites or other special uses of land to be considered for dedication to public use , if any . ( 5 ) Building set -back lines with dimensions pursuant to the requirements of the Major Street Plan , Subdivision Regulations and other plans and ordinances that are in effect . ( 6 ) Indication of any lots on which use other than residential is proposed by the sub - divider . ( 7 ) Bearings in degrees and minutes of all lot , block or street lines which are less than 900 angles . ( 8 ) Approximate acreage of proposed subdivision . d . Supporting Data ( 1 ) Attach any pertinent supplementary in- formation or data . 2 . Review by Planning Commission a . Approval or Rejection Within ten ( 10 ) days after review by the Planning Commission , the subdivider shall be notified in writing whether ;the Preliminary Plat is approved . In case the Plat is not approved , the reasons for disapproval shall be given in writing . Failure of the Planning Commission to act on the Preliminary Plat within sixty ( 60) days from the date of application submission shall be deemed approval of the Preliminary Plat . . Approval of the Preliminary Plat , however , does not constitute acceptance of the subdivision . Rather , it is authorization for the subdivider to proceed with the installation of improvements as specified in Chapter V , Improvements . If the subdivider desires to presently develop only a portion of the total area intended for development , the Planning Commission shall require preliminary plat approval for the entire area intended for development to insure that the purpose and intent of these regulations are complied with . b . ADDroyal Period = 5- The approval of the Preliminary Plat shall be effective only for a period of. one ( 1 ) year , and thereafter as long as work is actively progressing on the installation of the required improvements . If the Final Plat has not been submitted for approval within this period , a Preliminary Plat must again be submitted to the Planning Commission for approval . Be Final Plat After approval of the Preliminary Plat , and the installation or the provisions made for installation of required improvements as specified in Chapter V , Imrovements , the subdivider shall submit to the anning Commission an Application for Final Plat Approval in one ( 1 ) copy and a Final Plat for recording purposes , together with certificates and other supporting information . Such submission shall be made at least ten ( 10 ) days prior to the Planning Commission meeting at which consideration is requested . 2 . Copies of Final Plat One ( 1 ) original drawing on white cloth-backed 100% new rag , water resistant , white drawing paper in India ink , and five ( 5 ) genuine blue print copies at a scale of one ( 1 ) inch equals one hundred ( 100 ) feet , if space permits on sheets 1 $" x 23 " ; other- wise one ( 1 ) inch equals two hundred ( 200 ) feet . 3 . Information on Final :Plat The Final Plat shall show and contain the following information : a . Name of subdivision b . Boundaries of subdivisions ; its legal des- cription and zoning district in writing in upper right hand corner . c . Names and addresses of owner , developer , and surveyor or engineer . d . Acreage in subdivision tract . e . Date , north arrow and scale . f . Location and description of all monuments . g . Location and names of all streets , highways , alleys , parks or public purpose areas if any and easements with dimensions and proper engineering description within the proposed subdivision . h . Location of all streets , and utility easements , and areas for public uses , if any , to be dedicated . i . Building set -back lines with dimensions . j . Dimensions and number of all lots and the number or letter of all -blocks within the proposed subdivision . -6- ko Bearings in degrees and minutes of all lots , block or street lines which are not at 900 angles . 1 . Notice of Plat Covenants . m . Street curvature - characteristics , 4 . Supporting Data Include on Final Plat : a . Certificate of Ownership and Dedication ( as defined in Article V1 H ) b . Certificate of 'Accuracy- -Engineer . c . Certificate of approval of Water and Sewer System- -State Health Department and/or the City 69 ter Superintendent . d . Certificate of Approval of Streets and Uti.lities - -City Engineer . e . Certificate of Approval of Building Set -Back Dimensions--City Building Inspector . f . Certificate of Approval for Recording- - Planning Commission . g . Certificate of Plat Acceptance- -City Council . Any other pertinent information or data . i 5 . Right of the Planning Commission to have re - survey made If serious discrepancies are found , the Planning Commission may require , at the subdivider ' s expense , a re- survey of the boundaries of the proposed subdivision to determine whether the description is correct . 6 . Planning Commis ission Approval The Planning Commission shall approve or dis - approve t.h:e Final Plat within thirty ( 30 ) days after its submission subject to the requirements set forth in Chapter V - Improvemerts . I £ disapproved , the reasons for such a;otion shall be recorded in the minutes of the Planning Commission meeting , and these reasons shall be transmitted to the developer or subdivider in writing . Failure of the Planning Commission to act on a Final Plat application within sixty ( 60 ) days from date of application , submission shall be deemed approval of the plat . If the subdivider desires to develop only a portion of the plat granted preliminary approval , the Planning Commission may grant Final Plat approval just for the area the subdivider desires to develop at that particular time . ( See Article V , G , Guarantee in Lieu of Installation of Imorovements for other Final Plat approval conditions . Upon approval of the final plat by the Planning Commission the Planning Commission shall transmit the plat to the City Council , if the property is located within the city , for its acceptance of the dedication of public streets: , parks andfor other public space . 7 . Recording the Final Plat Pursuant to Section 5c , Arkansas Planning Law , Act 186 1957 , " the county recorder shall not accept any plat for record without the approval of the Planning Commission . " Following approval by the Planning Commission , and acceptance by the City Council if the property is located within the city , two ( 2) copies of the Final Plat shall be filed with the county recorder . 111 . PROCEDURE FOR LOT -SPLIT APPROVAL A . Eligibility for Lot -Split Consideration A lot - split proposal ( See Article 1 , D , 7 ) is eligible for consideration as a lot - split if it involves a lot or tract of land which : is located on a dedicated street or thoroughfare ; has all essential utility services installed and available ; is proposed for division into two and no more than four lots . B . Delegation of Authority to Approve Applications Lot -Split applications are subject to the approval of the Fayetteville Planning Commission . However , the Commission may delegate to an agent the authority to determine conformity to the minimum design standards and the improvements required by these regulations ( Sections IV and V ) and toy approve lot - split applications . Co Submission of Plat Developer shall submit to the Planning Commission ( or agent ) an application for Lot -Split Approval with an attached Lot -Split Plat in six ( 6 ) copies on paper as required for a Final Plat ( article 11 B 2 ) setting forth : Identifying Information I 1 . Name of subdivision ,1 if in a recorded subdivision . 2 . Legal description of, the total tract under single ownership, r 3 . Name and address of ':owner . 4 . Acreage of tract . 5 . Date , north arrow and scale at one inch equals one hundred ( 100 ) feet . Existing Conditions 1 . Boundary of total tract ( heavy line ) . 2 . Location of existing buildings , within and adjacent to the property . 3 . Names , dimensions , surfacing and location of existing streets , alleys , and easements within and adjacent to the property . 4 . Size and location of existing sewer and water lines . 5 . Zoning district . Description of Proposed Changes 1 . Dimensions of each proposed lot .. 2 . Legal description of each lot . 3 . Dimensions and location of all building set - back lines . k . . B+earings , ' in degrees and-minutes,- of All lot or street lines not at 900 angles . 5 . Square footage of each lot . 6 . Proposed use of land . D . Approval or Re .lection .11y Agent If the lot - split application meets the standards and requirements for approval as set forth herein „ the agent shall indicate such approval by signature and date on the application for lot- split approval and on the Lot -Sunlit plat . If the agent disapproves the application , the applicant may appeal the decisions to the Planning Commission. The agent , at his discretion , may refer any lot - split application to the Planning Commission for review before any action is taken . E . Ratification or Approval by Planning Commission Approvals granted by the agent shall be submitted to the Planning Commission for ratification at the next regular meeting . Applications appealed to the Planning Commission shall be reviewed and approved or rejected within sixty days following such appeal . -9- t F . Dedication and Record ag. Procedure Following approval bylthe Planning Commission , the Lot-Split plat shall be transmitted to the City Council , if the property is located within the city limits , for its acceptance of the dedication of any public space , after which the original and one ( 1 ) copy of the plat shall' be filed in the County Recorder ' s office . IV . MINIMUM'DESIGN . STANDARDS A . Conformance with Official Plans 1 . The subdivision plat shall conform to all official plans currently in effect . 2 . For a period of six ( 6 ) months after submitting an application for approval of a Preliminary- Plat with the Planning Commission, the Planning Commission may require the subdivider to reserve sites for public use that are indicated within the boundaries of the proposed subdivision which are indicated on an officially adopted plan , to permit the public board , commission or body having jurisdiction or financial responsibility the opportunity to acquire said sites ( see also paragraph H of this article ) B . Blocks 1 .: Width- -blocks shall be wide enough to provide twin tiers of lots of minimum depth , except where fronting on a major street or prevented by topographical conditions or the size of the property , in which case the Planning Commission may approve a single tier of lots . 2 . Length- -blocks shall not be less than 400 feet nor more than 1320 feet in length except where the Planning Commission considers it necessary to secure efficient use of the land or a desired street pattern , C .. Lots 1 . Size- -the size and shape of the lots shall not be required to conform to any stipulated pattern but , insofar as practicable , side lot lines should be at right angles to straight street lines or radial to curved street lines . 2 . Area- -the minimum area for a lot served by a sanitary sewer shall be 7 , 000 square feet . However , in the event the subdivision is located -10- 1 in a ironing district in which the minimum lot area is more than required by these regulations , _ the tonin minimum shall apply .. Where sanitary, sewer and/or public water supply are not available , the lots shall be at least 10 , 000 square feet in area o � of sufficient size to conform to the regulations and specifications of the Arkansas State Board of Health . 3 . Width- -the lot width at the front property line shall be a minimum o £ fifty ( 50 ) feet if the lot is located on a sanitary sewer . - If the lot is to be provided with a septic tank , the minimum width at the front property line shall be seventy- five ( 75 ) feet . However , in case the subdivision is located in a zoning district in which the minimum lot width is more than required in these regulations , the zoning minimum shall apply . 4 . Oversized lots- -when a tract of land is subdivided into larger than normal lots , such lots shall be so arranged as to permit the logical location and opening of future streets and appropriate re- subdivision of the lots , with provision for adequate utility connections for such re- subdivision .. D . Topography and Natural Features The Planning Commission may require a topographic map of the subdivision showing all natural features such as drainage ditches , creeks , ponds , trees , etc .. E .. Grades and PPro filas 1 . Streets- - the subdivider shall provide profile sheets indicating present and finished grades at center line of right - of-way of all proposed streets , if requ seed by the Planning Commission . 2 . Utilities- -profile sheets indicating the grades for storm and sanitary sewers shall be submitted .` . : if requested . 3 . Cuts and Fills- -when cuts and fills are to be made , the subdivider shall present a grade plan, if requested . F . Building Set -Back Lines 1 . Front building set -back lines shall not be less than 25 feet from the front prcperty line unless additional building set -back requirements are required in conformance with the Boning ordinance or set -back ordinance . -11 •- 2 . Side building set -back lines on corner lots shall not be less than twenty- five ( 25 ) feet from the property line on the street side . However , in case the subdivision is located in a zoning district in which the minimum side building set - back lines are more than required by these regulations , the coning minimum shall apply . 3 . Side building set -back lines on inside lots shall not be less than ten ( 10 ) feet from the property line , unless additional building set - back requirements are required in conformance with the zoning ordinance .. G . Streets 1 . The allocation of rights - of -way for streets shall be in accordance with the Major Street Plan . 2 . Street intersections shall be insofar as practicable , at right angles , If streets do not intersect at one common point , there should be a minimum of 150 feet between center line of intersections .. 3 . The horizontal curvature of streets shall have a minimum value that will permit adequate sight distance at the desired vehicular speed . The horizontal radii at center line should be a minimum of 300 feet for major streets and 100 feet for minor streets .. 4 . Street grades shall be determined according to the prevailing terrain . Sufficient grade shall be provided to insure drainage and a maximum value conducive to the safe operation of heavy vehicles . No street should have a finished grade of less than one -half of one per cent . The maximum grade on thoroughfares should not exceed five per cent . The maximum grade on minor streets should not exceed ten per cent . 5 . Streets and alleys shall have minimum rights- of-way and surfaced widths as required by the Major Street Plan may be amended from time to time : R/W R/W Surfaced ( Inside . City ) ( Outside City ) Width Thoroughfares 841 1201 4$ t Collector A 701 701 401 Collector B 60 , 701 40t Minor or Residential 501 50t 261 Alleys 15 ' 151 12 ? -12 - r 6. Cul-de-sac and dead end streets should be avoided except in cases where unusual topographic conditions may make such streets necessary. Where such streets are permitted they shall have a maximum length of 600 feet and shall he provided with a vehicular turn around with a minimum radius of fifty (50) feet. The dedication of right-of-way for all cul-de-sac or dead end streets shall be extended to the boundary of adjoining property whenever in the opinion of the Planning Commission it is desirable to provide for future street access to adjoining property. H. Parks and Recreational Areas The Planning Commission may require the dedication of parks, open spaces, or recreational areas when in their judgement the subdivision is of sufficient size that such action would enhance the desirability of the area for residential purposes. The subdivider at his option may provide such areas or may be required to make them available for acquisition by the City under statutory procedure, All such areas shall be maintained at the expense of the City or other body which may be involved. I.. Suitability of Land Land subject to flooding or topographically unsuitable for residential occupancy and which the Planning Commission considers inappropriate for subdivision shall not be platted for that use or any other use that may increase danger to health, life or property, or aggravate erosion or flood hazard. If such land is in the proposed plat, this land shall be set aside for such uses as will not be affected by periodic flooding or unsuitable topographic conditions, unless adequate corrective methods are formulated by the developer and approved by the Planning Commission. J. Utility Easements 1. Except where alleys are permitted for the purpose, the Planning Commission may require easements not less than ten (10) feet and not more than fifteen (15) feet in width for poles, conduits, storm and sanitary sewers, gas and water lines, along the rear lot lines and along side lot lines where necessary; in case of common rear lot lines, easements not less than five (5) feet in width shall be provided along each rear lot line. If in the opinion of the Planning Commission it is necessary, easements may be required of the same or greater width across lots for the extension of existing or proposed utilities. -13- 2. No building, structure or improvements may be erected over or in an easement. 3. The various utility firms shall be consulted per- taining to suitable location of all utility easements. V. IMPROVEMENTS Before Final Plat approval may be granted by the Planning Commission, the subdivider shall have installed or shall have made provision to install, either at his expense or in accordance with the existing policy of the City, the following improvements, all of which must have prior approval by the Planning Commission (see G.., below). A. Water Supply Where an approved public water supply for domestic and fire protection uses is available or reasonably accessible or procurable, connections should be made with such water supply. Pending the availability of a public water supply, the subdivider shall construct wells or a water supply system in such a manner that an adequate supply of potable water is available to every lot within the subdivision. The water supply furnished shall have plans and specifications prepared by a licensed registered engineer and approved by the State Board of Health. B. Sewage Disposal 1. When a subdivision is located within a reasonable distance of public sewers or where plans for the installation of sanitary sewers in the vicinity of the subdivision have been prepared and approved and topography permits connection thereto, sewers shall be installed in conformity with plans and specifications prepared by a licensed engineer and approved by the City Engineer. 2. When the subdivision cannot be served by sanitary sewers, septic tank disposal shall be provided each lot having a minimum area of 10,000 square feet, in accordance with plans and specifications prepared by a registered engineer and approved by the Arkansas State Board of Health. C. Storm Drainage An adequate drainage system shall be provided for the proper drainage of all surface water. Where initial construction does not provide for storm sewers, drainage ditches of adequate capacity shall be constructed. Cross drains shall be provided to accommodate all natural water flow and shall be of -14— sufficient length to permit full width roadways and the required natural slopes. The opening size of cross drains shall be determined by the City Engineer using accepted methods and records available. D E F. G. Curb and Gutter Permanent concrete curbs with integral concrete gutters or standard rolled concrete curb and gutters shall be installed by the developer at his expense in accordance with specifications and practices established by the City Council or its agent, except that the above requirements may be waived by the Planning Commission, if concurred in by the City Engineer if: 1. A subdivision is proposed for single family homes and is located in an area where the minimum lot width requirement for single family homes is no more than fifty (50) feet, or no more than seventy-five (75) feet if a septic tank is used. 2. The subdivider encounters unreasonable difficulties by reason of exceptional topography or other conditions rendering a curb and gutter installation impractical or unreasonably difficult; provided that such waiving of the curb and gutter require- ment may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of these regulations. Street Grading and Surfacing Streets shall be constructed with a dust free hard surface in accordance with the minimum standards established by the City Council or by its agent. Monuments Concrete monuments four (4) inches in diameter or four (4) inches square and thirty (30) inches long with one-half (z) inch metal reinforcing rod the length of the monument shall be placed with top flush to the ground at all quarter section points within or on the perimeter of the subdivision. Metal rods 30 inches in length and i inch in. diameter shall be placed at each corner of every block or portion of a block, at each angle point at the boundary of the subdivision, at points of tangency and of curvature on street lines and at all lot corners. The location and description of all monuments and metal rods shall be shown on the Final Plat. Guarantees in Lieu of Installation of Improvements -15- The Planning Commission may approve the Final Plat (see also Article 11 B, 6) of a subdivision prior to the installation of all the required improvements if the subdivider: 1. Deposits,Cash or a Performance Bond Such deposits of cash or a performance bond with the City shall be in an amount equal to the estimated cost of the improvements as determined by the City Engineer or other city official for the entire subdivision or portion thereof. Upon satisfactory completion of the improvements, the subdivider may withdraw any deposits made. 2. Enters into an Agreement or Contract With the City If the subdivider chooses to begin his construction program or to sell lots within the subdivision prior to the installation of the required improvements, he may enter into a written agreement with the City which shall include but shall not be limited to the following conditions: a. The Final Plat is otherwise approvable by the Planning Commission. b. The required improvements shall be installed, if all the improvements have not been provided, within nine (9) months of the date when the building permit or permits are issued. 3. Provides Other Assurances Pertaining to Site Improvements If the Planning Commission determines that the interests of the city and the public are other- wise sufficiently protected, the requirements set forth in items "1" and "2" above may be waived by the Planning Commission. VI. ADMINISTRATION A. Variances Whenever the tract to be subdivided is of such unusual size, shape or topography or surrounded by such development or conditions that the provisions of these regulations shall result in substantial hardship on the subdivider, the Planning Commission may vary or modify such requirements to the end that the sub- division may be developed consistent with public welfare and safety. -16- In the event the plat as submitted by the' applicant is disapproved by the Planning Commission, the Applicant may petition the City Council for a review of the plat vote. The Council may sustain the dis- approval of the Commission or refer the plat back to the Planning Commission for restudy and for such action as may be consistent with the requirements of these regulations. C. Severability If any section, paragraph, clause, phrase or part of these subdivision regulations is for any reason invalid, such decision shall not affect the validity of the remaining provisions of these regulations and the application of those provisions to any persons or circumstances shall not be affected thereby. D. Enforcement In order to carry out the purposes of these regulations and to assure an orderly program of land development after the effective date of these regulations: 1. No plat of any tract of land within the planning area jurisdiction of the Fayetteville Planning Commission shall be accepted by the County Recorder for filing of record unless the plat has been approved by the Planning Commission. 2. No conveyance by metes and bounds of tracts or lots coming under the definition of lot -splits or subdivision without compliance with the applicable provisions of this ordinance or amendments thereto shall be permitted. This provision is aimed at preventing an attempt to circumvent these regulations by conveying by metes and bounds without taking the necessary steps for filing an approved plat. 3. No dedication of streets shall by itself be accepted by the City unless the usage of the adjoining affected land is shown; if the purpose of opening the street is to make the affected land available for sale as a lot -split or sub- division the street may not be accepted until accompanied by the required plat. E. Penalty Any person, firm or corporation which violates any provision of these regulations or amendments thereto shall be guilty of a misdemeanor and on conviction shall be fined not less than twenty five dollars ($25.00). -17- Each day that any violation of these regulations is in effect shall constituts a separate offense and be subject to additional fines of a separate offense and be subject to additional fines of fifteen dollars ($15.00) per day. F. Amendments On any proposed amendments to these regulations, the Planning Commission shall hold a public hearing, for which fifteen (15) days advance notice in a local newspaper of general distribution has been published. Following such hearing the City Council may adopt the amendment or amendments as reccmmended by the Planning Commission or as determined by a majority vote of the City Council. G. Fees For each Preliminary Plat submitted, the fee shall be ten dollars ($10,00) plus fifty cents (500) for each lot, the maximum fee not to exceed fifteen dollars ($15,00). For each Final Plat submitted, the fee shall be five dollars ($5.00) plus twenty- five cents (25¢) for each lot the maximum fee not to exceed eight dollars For each Lot -Split Plat submitted, the fee shall be five dollars ($5,00), H. Certificate of OwnerrShi,p and Dedication 1. The subdivider shall s'ibmit for approval of the Planning Commission a Certificate of Ownership and Dedication., which shall, include but is not limited to the following provisions: a. Dedication of all streets and alleys, parks and other lands for public use. b. Establishment. oieasements, c. A provision that the platting as filed for record cannot be changed unless vacated. 2. The subdivider shall be required to file with the County Recorder the Certificate of Ownership and Dedication as approved by the Planning Commission at the same time the plat; is filed of record. PASSED AND APPROVED by the Mayor and City Council on this 12th day of September, 1960 APPROVED: ss/ GuyE Brown GUY E. BROWN, Mayor ATTEST: ss/ George J. Davis GEORGE J. DAVIS, City Clerk