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Home My WebLink AboutOrdinance 2379 • • • - FILEUrpK r(tt,'O�D 1971 SEP 30 P14 3: 03 ORDINANCE NO . �'1Q_ NlASHI„ � intr — p, J COU1•JTY, ARK ALMA KOLLNEYER AN ORDINANCE AMENDING ARTICLE 81 SECTION 12 , OFCM19nogp[ k TO THE FAYETTEVILLE CODE OF ORDINANCES TO CLARIFY THE REGULATIONS APPLICABLE TO PLANNED DEVELOPMENTS BY PRESCRIBING STANDARDS FOR PRIVATE ROADS WITHIN SUCH DEVELOPMENTS . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : J Section 1 . Article 8 , Section 12 ( D ) of Appendix A to the a� Fayetteville Code of Ordinances is hereby amended by adding Paragraph 4 to read as follows : ( 4 ) Private roads permitted . Private roads shall be permitted within a planned develop- ment if the density of the residential part of the development does not exceed an average of seven dwelling units per acre . If the density of the residential part of a planned develop- ment exceeds an average of seven dwelling units per acre , private road shall not be permitted , and all roads shall be public streets constructed to existing City standards . Private roads within a planned development shall be permitted subject to the following regulations : ( a ) All private roads shall be paved in accordance with existing City standards ; (b ) All private roads shall have a minimum pavement width of twenty feet ; ( c ) Any road connecting one or more public streets shall be constructed to existing City standards and shall be dedicated as a public street ; ( d ) An adequate storm drainage system approved by the City Street Superintendent shall be required for all private roads . Where curbs and gutters are not installed , bar "V” ditches adhering to the natural drainage and with a slope of 3 to 1 on the upslope side and 2 to 1 on the downslope side , shall be required on each side of all private roads . Under drains shall be installed where necessary . ( e ) The maximum length of a private road which dead ends ( stub or cul-de-sac ) shall be 500 feet in ordinary terrain and 1000 feet in hilly terrain . ( f ) The plat of the planned development shall designate each private road as a " private road . " ( g ) Maintenance of private roads shall be the responsibil- ity of a neighborhood property owners ' association and shall not be the responsibility of the City . At the time the plat for a planned development is submitted to the Planning Commission for approval , the developer shall also submit for approval protective covenants to be filed with the plat which covenants shall contain adequate provisions to insure the maintenance of all private roads . Said covenants shall grant the City of Fayetteville the right to use all private roads for purposes of providing fire and police protection and sanitation service . ® 9306 882 MICROFILMED DATE OCT 1 7 1978 REEL�'1U. ( h) The developers shall erect at the entrance of each private road a rectangular sign not exceeding twenty- four inches by twelve inches designating the road a " private road " which signs shall be clearly visible to motor vehicular traffic . The Planning Commission shall have the authority to waive or grant a variance from the regulations prescribed above in those instances where strict enforcement would cause practical diffi- culties due to circumstances unique to the property under consider- ation when it is demonstrated that such action will be in keeping with the spirit and intent of this section . The Planning Commission may impose reasonable conditions in the granting of a waiver or variance to insure compliance or to protect adjacent property . A violation of any such condition shall constitute a zoning viola- tion . Section 2 . The Board of Directors hereby determines that the present zoning provisions applicable to planned developments do not adequately regulate such development ; that adequate regulation . of planned developments is necessary for the public health , safety and welfare ; and that the immediate passage of this ordinance is nec- essary to adequately regulate planned developments . Therefore , an emergency is hereby declared to exist , and this Ordinance being necessary for the public health , safety and welfare , shall be in full force and effect from and after its passage . , PASSED AND APPROVED THIS CPO DAY OF 1977 . APPROVED : MAYO � O� Kr#1r p14la"y�1 . J Ya 1 • 1, � 1 � YI 1 i CITY CLE . r- CERTIFICATE JF RECORD. State of Arkansas l SS --1� City of Fayetteville I( I, Darlene Wns'brook, City Clerk and Es- Officio recorder for the City of Fayetteville, Qo ile.eby certify that the annexed or fore- going is of record in my office and the same a rs in Qjr/i��.fnr_ft'66f4�! fid *k _ at page Witness my CERTIFICATE OF K -iCUHU hapld and seal thisday of STATE ^" eRrANZ S I SS. W -.hm ^c County I I, Alma L. Kollrneyer, Circuit Clerk and Ex-Officio Recorder for City Clerk and Es-Officio Recorder Washington County, do hereby certify that the annexed or fore. going ins'rument was filed for ''reecor�in my office on the30 day of i 19ZIat2Le4'LEor.A�Pv1, and the same is duly recorded in &01.Lo( record at page-8ij3— Witness my hand and seal this_3_ day o � 1927 �IA 883 Cisuit Clerk and 36 Ex-Officio ecorded By Deoutv Clerk -- ORDINANCE M. 1rn - IN1d�JNANCE AMENDING Alt- TWILL Is 5E(TION d, OF APPENDIX A 1'O THE FAYE. IMILLE CODE OF ORDINANCES TO , CLARIFI THP, STATE of ARKANSAS I . r , i IAT ' , rAs %I PLACABLE To So. I INKED nECELnp>IENTS RF County of Washington PRENIR IDNG STANDAHuS tioi PATE ROADS WITHIN SUCH DFPIIT TORDAINE HE Ox S or BY THE BOARD OF DIRECTORS OR THE CITY OF I, __-_ _-- _ � hereby certify that I FAYETTI ILLE. ARKANSAS. am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily Section 1. Article a, Saeiion D IDS of y Appendix A to the Fayetteville Code of newspaper having a second class mailing privilege, and being not less than ordinances is he My amended by adding four a p p Para raptlloresdestdlows' pages of five columns each, published at a fixed lace of business and at PfrNha(e roads perTmad, a fixed (dally ) intervals continuously In the City of Fayetteville, County of Private yell be perm tied withma . Fill and J the Jemlty of the Washington, Arkansas for more than a period of twelve months, circulated . teicnettied 06 'de,elopm d t doio and distributed from an established place of business to subscribers and of -the. readers generally of all classes in the City & County for a definite price for --me am . .•edsaa � kit.' each copy, ora fixed pries per annum, which price was fixed at what is so".. apt: per• considered the value of the publication, based upon the news value and lit S.vomit service value It contains, that at least fifty re S. , Y percent of the subscribers :•'WpmeM . pla ' thereto have paid cash for their subscriptions to the newspaper or its agents ,IM ror through recognized news dealers over a period of at least six months ; Pr rn be paved and that the said newspaper publishes an average of more than forty percent e City 4htlasrN4 pr nball halt #I news matter. pa of tvteetl •. �I, tN9 sae or moon I further certify that the legal notice hereto attached in the matter of rreu constructed m Cay Md shall kill "legoole how system red r,gnllaeta ' ' a3-�q . .!,. and imported. ` hm Me mderal iacmetale ► the I agd.the was published In the regular daily issue of said newspaper for _ . ..._ .. _.__ ihe de and x ipI 1laaaadlve consecutive Insertions as follows : ne aide of all uds y�r a,,pball be Is- The first insertion on the ____ 1 .... day of ma .tif � plefpta . ee aVdFapcl +sl r Ia6nlo Yd nY the second insertion on the __ . . da of _ _---...._ 19---- illy ,r .yi. .---- _----_-- -._- _ a tapnt `°ad � a the third Insertion on the ------ __-- ._ day of __-._. 19----_. . ad'v Rhe I ina'` and the fourth Insertion on the __. _ da o[ 19 Errs' aasoclatlm - y I IF y. la _-------___— a iia star r 1� aantquoD v In Sworn to and subscribed before me on this --------------- unre of r private I ,! tea If Off 1w101 : � !C n, .. nuns „ nlch — e___-_.. - - iiranbletomotory NOfB Public r� n the regulations p' My Commission Expires : .011 TI tri,- r ,rraleol - due to 'i ---'7r- keep4f ((// ... .. _ .mpofe ` fig d a Fees for Printing -. ,orceor _.... olka�n rondcw , ..^,.:I .mr..!.!we axoning (Jost of Proof nn gi The Board d DirectorsbOtey ermm8 uses the present arcng Total '- ---pmyivaaa applicable to planned ---—y -- -- deep U da ria Aagaately regulate soch Aevebpgt t- thhat adequate regulation of b!annnf deeelopments is mrec.,,n mr •b, piM1L: h, alel sa4tyoTs dp &i to ;;rely regulate planned dh ebp ,i, d to exiK m emergency u he .., !arN hlexleL publics alth. s lle bang Bare, far ted pInfahealth, and Band are, afte od M full tares and etteet and Aiu pama{e �ji'SSED AND Afart. D rxl� III 11 APPROVED: Iprt. APPROVED: MAYO6. I.arteaater MAYOR IEST TT ens lenewellaaaki cLEglt r l. ,