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 .
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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
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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 .
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( 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
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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 .
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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 .
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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
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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 .
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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 ?
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