HomeMy WebLinkAboutOrdinance 2353 _I ORDINANCE NO . a3rf FILED
�_j) '77JUL19 N2: 55
AN ORDINANCE AMENDING ARTICLE III , SECTICIWWIj OF- APPENDIX
C TO THE FAYETTEVILLE CODE OF ORDINANCES TO CLARTFY,.• THE, :IMPROVE-
MENTS WHICH ARE REQUIRED TO BE INSTALLED BY A SUBZXVI� R .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That Article III , Section A of Appendix C
to the Fayetteville Code of Ordinances is hereby amended to
read as follows :
III . Required Improvements .
A ( 1) Urban subdivision . Before the Planning
Commission may grant final plat approval for an urban
subdivision , the subdivider shall have installed , or
shall have made a guarantee in lieu of installation
as provided by Section B of this article , either at
his expense or in accordance with the existing policy
of the city , the following improvements :
( a ) Reinforced concrete monuments 4 " x 4 " x 30 "
at quarter section corners and subdivision corners .
( b ) Metal stakes 1/ 2 " x 30 " at all lot corners ,
points of tangency , points of curvature and angles
in property lines or easements .
( c ) Street grading , base , and paving according to
existing city standards and specifications as adopted
by the City Board of Directors .
( d ) Curbs and gutters according to existing city
standards and specifications as adopted by the
City Board of Directors .
( e ) Sidewalks - sidewalks shall be installed ac-
cording to existing city standards and specifications
as adopted by the City Board of Directors along one
side of all streets and cul-de- sacs and around the
entire circumference of the vehicular turnaround
in cul-de- sacs . The subdivider shall stake out all
sidewalks and shall cut or fill the sidewalk grade
to the subgrade elevation specified in the plans and
profiles approved by the City Engineer . For each
lot on which a sidewalk is required , a sidewalk
shall be installed by or at the expense of the
person obtaining the building permit for that lot .
In the event a lot on which a sidewalk is required
remains vacant for five ( 5 ) years from the date of
final plat approval , the record owner of that lot
shall be required to install the sidewalk within
three ( 3 ) months from receipt of written notice
from the City Manager . Should the owner fail or
W o g o o r }tse to install the sidewalk within the time
w � p a p vided herein , the city may then install the sidewalk
o .0b a B charge the cost thereof to the owner , and the city
a
0 s 11 have a lien against the lot for such costs .
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Storm drainage system .
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� o c o " ' to ( 1 ) The subdivider shall install storm drainage
o A W facilities , including drains , sewers , catch basins ,
" otic a a a and culverts necessary for the proper drainage of
a
F ro all sufface water .
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( 2 ) All drainage facilities shall be so designed to
serve the entire drainage area .
( 3 ) All surface water drainage shall be transported
to existing storm sewers , drainage facilities , or
natural drainage ditches approved by the City Engineer .
( 4 ) The City Engineer shall approve all drainage
features .
( g) Culverts and bridges shall be installed where
needed in accordance with existing Arkansas State
Highway Department standards and specifications .
( h ) Water supply .
( 1 ) Accessible public water supply . When an
approved public water supply is reasonably
accessible , the subdivider shall install a
system of water mains and shall connect to
such supply so that each lot within the
subdivision shall be provided with a connec-
tion to said public water supply . All connec -
tions shall be approved by the City Engineer .
Individual service lines shall be installed
and individual connections shall be made prior
to the paving of the street , if possible .
( 2 ) Non-accessible public water supply . Where
an approved public water supply is not reasonably
accessible , any private water supply system pro-
posed by the subdivider must be approved by the
County Sanitarian and City Engineer in order to
assure that the private water supply system will
provide an adequate supply of potable water to
every lot in the subdivision . Individual service
lines shall be installed and individual connections
shall be made prior to the paving of the street ,
if possible .
( i ) Sanitary sewer system .
( 1 ) Public sanitary sewer accessible . Where a
public sanitary sewer is reasonably accessible ,
the subdivider shall connect with such sewer and
each lot within the subdivision shall be provided
with a connection thereto . All connections shall
be subject to the approval of the City Engineer .
Individual service lines shall be installed and
individual connections shall be made prior to
the paving of the street , if possible .
( 2 ) Public sanitary sewer not accessible . Where
a public sanitary sewer is not reasonably accessible ,
the subdivider shall be required to install a com-
munity sewage system as defined by Act 402 of the
1977 Arkansas General Assembly , in compliance with
state health department standards and regulations ;
provided , if a community sewage system is not
reasonably available or economically feasible , and
the subdivision has been platted so that each lot
has a minimum gross area of one and one-half acres ,
an individual sewage disposal system for each lot
may be used . Individual service lines and connections
shall be installed prior to the paving of the street ,
if possible . The minimum gross area requirement pre ,-
scribed
re -scribed hereby for an individual sewage disposal
system shall not apply to any subdivision for
which an approved plat has been filed of record
prior to the effective date of this article ,
935 277
3
( j ) Street lights - standard 6 , 000 lumen mercury-vapor
or low-pressure sodium street lights shall be installed
at each intersection or cul-de- sac and along one side of
each street or cul-de- sac at intervals of no more than
300 feet ; provided , street lights of higher intensity
may be required at intersections with collector streets
or arterial streets .
( 2 ) Suburban subdivisions . Before the Planning Commission
may grant final plat approval for a suburban subdivision located
within the city ' s designated planning area , the subdivider shall
have installed , or shall have made a guarantee in lieu of in-
stallation as provided by Section B of this article , either at
his expense , or in accordance with the existing policy of the
city , the following improvements :
( a ) Reinforced concrete monuments 4 " x 4 " x 30 "
at quarter section corners and subdivision corners .
(b ) Metal stakes 1/2 " x 30 " at all lot corners ,
points of tangency , points of curvature and angles
in property lines or easements .
( c ) Street grading , base , and paving according to
existing city standards and specifications as adopted
by the City Board of Directors .
( d ) Curbs and gutters according to existing city
standards and specifications as adopted by the
City Board of Directors .
( e ) Storm drainage system .
( 1) The subdivider shall install storm drainage
facilities , including drains , sewers , catch basins ,
and culverts necessary for the proper drainage of
all surface water .
( 2 ) All drainage facilities shall be so designed
to serve the entire drainage area .
( 3 ) All surface water drainage shall be transported
to existing storm sewers , drainage facilities , or
natural drainage ditches approved by the City Engineer .
( 4 ) The City Engineer shall approve all drainage
features .
( f ) Culverts and bridges shall be installed where
needed in accordance with existing Arkansas State
Highway Department standards and specifications .
(g ) Water supply .
( 1) Accessible public water supply . When an
approved public water supply is reasonably
accessible , the subdivider shall install a
system of water mains and shall connect to such
supply so that each lot within the subdivision
shall be provided with a connection to said
public water supply . All connections shall be
approved by the City Engineer . Individual
i service lines shall be installed and individual
c
connections shall be made prior to the paving
of the street , if possible .
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( 2 ) Non-accessible public water supply . Where
an approved public water supply is not reasonably
accessible , any private water supply system pro-
posed by the subdivider must be approved by the
County Sanitarian and City Engineer in order to
assure that the private water supply system will
provide an adequate supply of potable water to
every lot in the subdivision . Individual service
lines shall be installed and individual connections
shall be made prior to the paving of the street ,
if possible .
( h ) Sanitary sewer system .
( 1) Public sanitary sewer accessible . Where a
public sanitary sewer is reasonably accessible ,
the subdivider shall connect with such sewer and
each lot within the subdivision shall be provided
with a connection thereto . All connections shall
be subject to the approval of the City Engineer .
Individual service lines shall be installed and
individual connections shall be made prior to the
paving of the street , if possible .
( 2 ) Public sanitary sewer not accessible . Where
a public sanitary sewer is not reasonably accessible ,
the subdivider shall be required to install a com-
munity sewage system as defined by Act 402 of the
1977 Arkansas General Assembly , in compliance with
state health department standards and regulations ;
provided , if a community sewage system is not
reasonably available or economically feasible , and
the subdivision has been platted so that each lot
has a minimum gross area of one and one-half acres ,
an individual sewage disposal system for each lot
may be used . Individual service lines and connections
shall be installed prior to the paving of the street ,
if possible . The minimum gross area requirement
prescribed hereby for an individual sewage disposal
system shall not apply to any subdivision for which
an approved plat has been filed of record prior to
the effective date of this article .
( 3 ) ( a) Exceptions to required improvements for suburban
subdivisions . The following improvements shall not be
required in a suburban subdivision which is not adjacent
to the city ' s corporate limits where the installation of
said improvements is not necessary to conform with existing
development in the general neighborhood of the proposed
subdivision :
( 1 ) Street paving according to existing city standards
and specifications as adopted by the City Board of
Directors .
( 2 ) Curbs and gutters according to existing city
standards and specifications as adopted by the City
Board of Directors .
( 3 ) Storm drainage facilities ; provided , where
storm drainage facilities are not required , the
subdivider shall be required to install stabilized
shoulders at least four feet wide and a sodded
drainage swale at least five feet wide and twelve
inches deep with a slope of three to one on the
street side and at least two to one on the other
side .
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( b ) Where city standards and specifications are
not required , county standards and specifications shall
apply .
Section 2 . That Article IV , Section H of Appendix C to
the Fayetteville Code of Ordinances is hereby amended to read
as follows :
Section H . Residential lots .
The use and design of lots shall conform to the
provisions of the zoning ordinance where zoning is in
effect . When no zoning applies , the following standards
shall govern unless in conflict with more stringent local
or state regulations applicable to the use of individual
disposal systems :
Minimum standards :
URBAN SUBURBAN
Area 8 , 000 sq . ft . 10 , 000 sq , ft .
Width 70 ft . 75 ft .
Side Yard 10 ft . 10 ft .
Rear Yard 20 ft . 20 ft .
Frontage on improved public
street ; provided , a suburban
lot may be developed as a
tandem lot in accordance
with the provisions of Art .
7 , Sec . 21 ( a) - ( e ) of
Appendix A to the Fayette-
ville Code of Ordinances 70 ft . 75 ft .
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 . 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 .
Section 3 . The Board of Directors hereby determines that
the present regulations prescribing improvements which a sub-
divider is required to install are in need of clarification in
order to assure the orderly development of land within the city
and within the city ' s designated planning area ; that the orderly
development of said land is essential for the public health , safety ,
and welfare ; and that the passage of this ordinance is necessary
to insure the orderly development of said land . Therefore , an
emergency is hereby declared to exist , and this ordinance being
necessary for the preservation of the public health , safety , and
welfare , shall be in full force and effect from and after its
passage .
PASSED AND APPROVED THIS .S� DAY OF , 1977 .
_
APPROVED :
ee
faYf�lt '
. : a . << MAYOR
kkt q\\. . ATTB T : � r
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. CITY CLERK ,
F.:.a Apl"N
CERTIFICATE OF RECORD "
STATE OF ARKANSAS I
Washington County I SS.
I, Alma L. Kollmeyer, Circuit Clerk and Ex-officio Records for
Washington County, do hereby certify that the annexed jr re.
going instrument was filed f rre •o[;;,in\my `fice on thele
of t y
19 O� �J'°rk fi; and the same is '
duly re ed in KO e _ _0
Y
--m record � atpage��
Ylltnesa mhand and seal thisay of : S��
Circuit Clerk and
Ex- fficio Re rded '
BY `
DePuty Clerk ,
r
