HomeMy WebLinkAboutOrdinance 2570 ORDINANCE NO . 52_D
AN ORDINANCE AiMENDING APPENDIX C TO THE,,FAYETTZV` LE ' CODE•.
OF ORDINANCES TO CLARIFY THE OFF- SITE IMPROVEMENT, REQREMENTS .`
IN THE CITY ' S SUBDIVISION REGULATIONS .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF T{iE . ;CY';,0 •.
FAYETTEVILLE , ARKANSAS :
oA
Section 1 . That Article III , Section A ( 4 ) of the Fayetteville
Code of Ordinances is hereby amended to read as follows :
Section A ( 4 ) . Required off- site improvements .
( a ) The subdivider shall be required to install off - site
improvements , where the need for such improvements is created in
whole or in part by the proposed subdivision . For purposes of
this section , an off- site improvement shall mean any improvement
listed in Article III , Section (A) of these regulations which is
to be installed on property located outside the proposed
subdivision . '
Any required off- site improvements shall be installed
according to City standards ; provided off- site improvement's to
roads located outside the City ' s corporate limits but within the
City ' s planning area shall be installed to County standard's . The
subdivider shall be required to bear that portion of the cost
of off - site improvements which bears a rational nexus to the
needs created by the subdivision .
At the time the Planning Commission grants preliminary
plat approval , the Planning Commission shall determine whether
the proposed subdivision creates a need for off- site improvements
and the portion of the cost of any needed off- site improvements
which the subdivider shall be required to bear ; provided , that
portion of the cost of off - site improvements to roads located
outside the City ' s corporate limits but within the City ' s
planning area shall be determined by the County . In determining
that portion of the cost of off- site improvements which the
subdivider shall be required to bear the Planning Commission shall
consider the acreage within the proposed subdivision
as a percentage of all the acreage which , when fully developed ,
will benefit from the off- site improvements ; provided , the,
Planning Commission may use a different method of measurement
if it determines that use of the acreage standard will notl
result in the subdivider bearing that portion of the cost
which bears a rational nexus to the needs created by the
subdivision .
(b ) Delayed improvements . If the Planning Commission
determines that a needed off- site improvement cannot be built
until future development occurs , the subdivider shall pay to
the City an amount determined by the Planning Commission , in
accordance with the standards prescribed in paragraph ( a) above ,
to be the developer ' s proportionate share of the cost of said
off- site improvements as of the date of final plat approval .
The City shall deposit said money into an interest - bearing.
escrow account until such time as the off- site improvement is
constructed . If the off- site improvement is not constructed
within 5 years from the date of the first payment into thei
escrow account by a subdivider , the Planning Commission shall
hold a public hearing , after notification to all affected
property owners , to determine the disposition of all money in
the escrow account . Following the public hearing , the Planning
Commission may :
( 1 ) Determine that the off- site improvement is still
necessary and feasible and can be built within a
reasonable time , in which case the escrow account shall be
continued for a period specified by the Planning Commission ; or
s� 1� G1 605
MICROFILMM
DATE_}- 1980
REEL_�—
( 2 ) Determine that the off - site improvement is not necessary ,
or will not be feasible , or that insufficient development
has occurred to render the improvement likely in the foreseeable
future , in which case the Planning Commission shall either :
( a ) refund the money in the escrow account , with accumulated
interest , to the subdividers who made the contributions ; or
( b ) distribute the money in the escrow account on a pro rata
basis to the property owners who purchased lots in the
subdivision ( s ) and the subdivider ( s ) ; or ( c ) with the
written consent of a majority of the property owners who have
purchased lots in the subdivision ( s ) and the subdivider ( s ) ,
direct that money in the escrow account be utilized for a
different purpose which will specifically benefit the neighborhood .
( c ) Determining necessity for off - site improvements .
( 1 ) When a proposed subdivision has access to paved streets
or roads only by way of substandard or unimproved roads or
streets leading from the subdivision to the paved streets
or roads , the subdivider shall be responsible for contributing
his proportionate share of the cost of improving the substandard
access roads or streets to existing City or County standards .
The subdivider ' s proportionate share of said costs shall be
determined by the Planning Commission in accordance with the
provisions of paragraph ( a ) above .
( 2 ) When a proposed subdivision has direct access to , or
fronts on , an existing road or street which is below
current standards , the subdivider shall be responsible
for contributing his proportionate share of the cost of
improving said street or road to existing City or County
standards . The Planning Commission shall determine the subdivider ' s
proportionate share of said costs in accordance with the
provisions of paragraph ( a ) above .
( 3 ) Off - site drainage improvements shall be required whenever
a proposed subdivision causes the need for such improvements .
( d ) Waivers . A subdivider may petition the Planning
Commission for a waiver of off - site improvement requirements
in whole or in part on one or more of the following grounds :
( 1 ) The City has no plans for upgrading the substandard
street or road on which off- site improvements are proposed to
be required by the subdivider .
( 2 ) The proposed subdivision has primary access to improved
streets or roads and the portion of the subdivision which
fronts on a substandard street or road is so small or
remote from anticipated future traffic patterns as to cause
an unfair imposition on the subdivider .
( 3 ) The subdivider proposes alternative off - site improvements
which will protect the health , safety and welfare of persons
residing in the proposed subdividion and the surrounding
area and equally benefit said persons .
( 4 ) The subdivider does not propose access to the proposed
subdivision from an existing substandard street or road and
proposes to provide access by way of streets or roads
improved to current city or county standards .
( e ) Off- site improvements to State highways and highways
maintained by the ' Arkansas Highway and Transportation Department .
The subdivider shall be required to dedicate sufficient right - of -way
to bring those state highways which the Master Street Plan
� 1�i01 666
r
shows to abut or intersect the proposed subdivision into
conformance with the right - of -way requirements of the Master
Street Plan . The subdivider shall be required to install a
sidewalk adjacent to that portion of a State Highway abutting
the proposed subdivision ; provided , the subdivider shall be
permitted to make a cash contribution in lieu of actual
installation which contribution shall be an amount equivalent
to the estimated cost of constructing the required sidewalk
as of the date of final plat approval , and provided further ,
that the Planning Commission may waive the sidewalk require -
ments prescribed by this paragraph upon application by the
subdivider and a determination by the Planning Commission
that the topography of the proposed subdivision where it
abuts a State . Highway is such that installation of a side -
walk is not practical . No other improvements to State Highways
shall be required of the subdivider unless required by the
Arkansas Highway and Transportation Commission or by § 18 - 13 of
this Code .
Section 2 . The Board of Directors hereby determines that
the City ' s existing subdivision regulations pertaining to con-
struction of off-.site improvements are in need of clarification ;
that such clarification is necessary to safeguard the public
health , safety and welfare ; and that the passage of this
Ordinance is necessary to clarify said regulations . 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 and approval .
PASSED AND APPROVED this �lD�— day of (y2.fr 1979 .
APPROVED :
". . . '.. , MAYOR
rr{ � F • FAYF�l' '
`. GIT.Y ERK
> ' C .R- FIF1CATE OF RECORD
'ray'cttc'rilc
City o.
. t Citr C rrt
h Angclr. P.. T :c.d:•t .r.t. ,
Oft!::r for f %itY of i' Ye'-te�'ii;a.
Officio recor or fore-
the Sano
going isof rc';nr,• i c
appears in Or:linn;1ce £3
Re,o!atiou book
mat page
�ditness MY
CERTIFICATE OF RECORD (zP., daY of
hard and seal
r,rE: OF n�.r;rslans j ss.
I, nlm Circuit C:er!< and E-<-Officio Recorder toy IC[:: at7t1 1;x-C�fli.iC
Nashin�ton Coun:y, do to^by ce:iiiy t3t+t the annexed or fore City
;oing in invent eras filed for racord ir, my oil
ice nd the ar-np ,5s
of - 1� 9 a41. 5 ,•_Io�a: Ai ICIN
r_.ord at PaG---
fuly recorded m — 19,
day of — –
Nitness my hand and Se
Circuit Cletk and
[rOfficio Reco2e
Deputy Clerk � iv �� 667
STATE of ARKANSAS l
J}
C y Wash[na
gn
.• 3:. exlaHue
ng 'subiiandard ss- er road Llif
Jl .la
s.
ORDINANCTi NO.nto Primes lo•provide access by way of
J
RDINANCE AMENDING APPEN. effects or roods improved to current citywm ., hereby certify that I
C TO THE FAYETTEVILLE CODE Count _ ...... --- _- -------------_.__-- -----
.._
OF ORDINANCES TO CLARIFY' THE Te10ftsite improvement& to State am the Publisher Of THE NORTHWEST ARKANSAS TIMES, a daily
OFF-SITE i)IPROVEMENT ' RE- higrsaysand highwaysmaimainedby (Ie
OUIREaIENTS IN THE CITY'S SIIBDIVI- Arkansas Highway amt Transportation newspaper having a second class mailing privilege, and being not less than
SION REGULATIONS. Department. The subdivider shall be rt {our pages of five columns each, published at a fixed place of business and at
BE IT ORDAINED BY THE BOARD OF quired to dedicate sufficient right-of-wap to
DIRECTORS OF THE CITY OF FAYET. bring .those !late highways whtch . the a fixed (daily) intervals continuously in the City of Fayetteville, County of
TEV'It r r ARKANSAS: : - Alaster Street Plan shows to abut or in.
Section L That Article 111, Section A al resat the proposed subdivision into cot. Washington, Arkansas for more than a period of twelve months, circulated
of the Fayetteville Code of Ordinaries is (ormance with the Agin-M-way re- and distributed from an established place of business to subscribers and
hereby amended to read as follows: quiremenrs of the Master Street Plan. The
Sarson to (a). Required off-site int-'subdivider shall be required to install a readers generally of all classes in the City & County for a definite pried for
proyements. - sidewalk adjaaenr to %her portionof a State each copy, or a fixed price per annum, which price was fixed at what is
nal The subdivider shall ho required to Highway aWnmg the proposed subdiri
herell off-site improvemmor, where the rion: provided. The subdivider $hall be per. considered the value of the publication, based upon the news value and
need for such improvements is created in Imirted to make a cash contribution in lieu service value it contains, that at least fifty percent of the subscribers
whole or in pan by the proposed wbdivi- •of actual installation which contribution
Sion. For purposes M this section, an df- ishan be an amount equivalent to the thereto have paid cash for their subscriptions to the newspaper or its agents
site improvement shall mean ahy improve- estimated cost of constructing the requires or through recognized news dealers over a period o[ at least era months;
mem lrsted-in Article III. Section CAI d sidewalk as of the date d final plat ap-
them regulaiiomwhich utobemantled Cut .Prone].and Provided further. that he Plan. and that the said newspaper publishes an average of more than forty percent
ra
property !oted _whode, the proposed 'rang Commission may waive the sidewalk news matter.
subdivision. ,, requirements prescribed by this paragraph
'Anyreq uved o f-sire improvements shall upon application by the subdivider and a
be imtalkd according to City standards; nermuation by the Planting Commis. I further certify that the legal notice hereto attached in the matter of
provided off-site improvements to roadeaion that the topography of the propped
hated outside the City's amporate limits ubdnisim where it abuts a State Highway
but within the Glyi pLanningareashallbe isacti TIT& o talrim roaments to Is wl
installed al County standards. The sub mminl. No other improvements of h Stare ^`\J v
divider stall be required er bear that pots IPo hwaysdivider
u shall q required a the nub- ----_-___....----_____`__-._.--___-__-..-
whi h the emu doff-sites to the
Highvr nand required by the Arkansas
areas bean a {somal nexus to rhe needs ar by I and Transportation Commivim
crtaredbythe subdivision. .., cr , mbctton 2. c( e Basede. was published in the regular daily issue of said newspaper for----__........__
At the time the Planning ppomal. the Serf int 2. The ward M Directors ltneby ---
grants preliminary plot approval. tledetermiresthanhe Crtyicsistrngsubdivi- r.aeReeeutive inserdoo as Follows :
Planning' prop red shall determinesidn off-site
improvns mems roe+in need
n
wMOer cff ple Improvements
dfsite improvements arc fi mod M v/
need(or dl-sIle tmprovetnents and the pre- clerificarion: that such darificatim Its The {trot insertion on the ._. ____-- day of _____-_�..-.___-__ 18_�__
tint of the cost of any needed df-site int- nes'essarr to safeguard the public health. '
provemeris which the subdivider shall be safety end welfare: and that the passage d
requited to bear, provided, that portion M this Ordirunce is necessary to clarify said the second Insertion on the .._.____-_--_-------__ day of ___._--._...__------- 19-----------
the Cost of uftsue Improvements to roads hegulations. Therefore an emergency is
located outside the City's corporate limits inthy declared to exist and This .Or.
but within the City's planning area shall be fitumm being necessary for the public) the third Insertion on the --------------------- day of -----------------—___._
davmined by the County. In determining health, safety and welfare shall be in full,
that porrim of the cost of off-site im- torn and effect from and after its passage
peovemants which the subdivider
mall he and approval. and the fourth Insertion on the ----- ----------------_ day of --------
required to bear The
._____requiredlobearThe Planning Comnusslm PASSED AND APPROVED this 161h day of \% rA
r)
'hall consider the acreage within the pea Delober. ta]p. �• :>i._9
pond subdivision as a percentage d all : ic APPKOVED }Aj•�•1ji_ry�s.--. �7 r.�� ; ry "� '
acreage which, when fully developed, will I David R. htalone, AIA) Oft
benefit from the df-site improements: 47TESr.'
provided, The Planning Commission teaYtSeabuse a different method of measurement V it ngela R. Medlock ;
determines that use d the acreage Stan- rem ;_r. . _ Sworn to and subscribed before me on this ..J---------------- day of
dard will rot result in the subdivider bear.
ing Char portion of the Cost which bears a f.
ralitaal nexu to the needs created W-itw
_..______...._..---� 9
Dela�
imprwir
tor) marmad odelerntlowtvAlhat {melted
in gq Cammprove dent can es.gat i,'veeded '
oflare improvementcannot"Sut di unlit _
/uturc development occurs.: . subdividerP
shall pay to the City an amount determined – -----
by the Planning Commission."in ac.
NO PnbllC
cordnrie with the standards prescribed in
paragraph (a: above robe The developer's
proportionate share of the cost of said off- Commission Expires:
sire improvemenrs. avatf the dne M final
plat opprmal: T& City shall deposit said
more)- Into an interest-bearing escrow ac.
count until such time as the off-We rm-
prowement is constructed. if the dl-site im-
provement is not constructed within 5
years from the date of the first payment int ' w
to the escrow account by a subdivider, ]be� Fees for Printing -------- i---I_ —I
Planning Commission ihall hold a publief
hearing. after mtificanon to all &tinted
property owners, to determine the disposbl Cost Of Proof ---------------- _...........__.........
–
tion of all moon' in the escrow account.
Following the public hearing. the Planting! 44 ^ v
Commission mar: Total ......
off-she •---
TIT Determine that the or ----
a improve
intent is still a r err and a time. and can
be bull within o a account
sha time. in w hied
cue the eurw' account shall be Planning
Com,
for aspecified by lir Planning Com-i '
mission;21 m f
T m is not ire that The will
Improver,' ' Asia V,
mens is net rreevan', er will t<has - .Y
occ rr that insufficient i rateffect
development has
inhmd to render tore. i %Msec likely
in the foreseeable Planning Commission in tmaaWl .sneer: tatre- i
m
tuthe morn n floc eseror acwN, with!
antrel led inleresf, to the subdivides
I who made rht contributions: ori .T
tors distribute the money in the escrow ac-1, '-
cwgl oo a Pro rata basis to the property
carets she purchased lots in the subdivi
s "at and the &ubdivrde tss; a TCI with'
Hr we"" scream of s majority of the,
mnten.vho have purchased las
iaa/ imulam the subdividerul.�
M
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; anoMw!W
ORDINANCE NO . �57C7 fiOA
AN ORDINANCE AMENDING APPENDIX C TO THEJtBAYE1 LES
OF *ORDINANCES TO CLARIFY THE OFF- SITE IMPROVEML�NT REQ TSU
IN THE CITY ' S SUBDIVISION REGULATIONS . � � !'•;�'� 194 S�
/RC /1O
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
FAYETTEVILLE , ARKANSAS : <R
off' A
Section 1 . That Article III , Section A ( 4) of the Fayetteville
Code of Ordinances is hereby amended to read as ollows :
Section A (4 ) . Required off- site improvements .
�\ ( a) The subdivider shall be required to install off - site
improvements , where the need for such improvements is created in
whole or in part by the proposed subdivision . For purposes of
this section , an off- site improvement shall mean any improvement
listed in Article III , Section (A) of these regulations which is
to be installed on property located outside the proposed
subdivision .
Any required off- site improvements shall be installed
according to City standards ; provided off- site improvements to
roads located outside the City ' s corporate limits but within- the
City ' s planning area shall be installed to County standardsThe
subdivider shall be required to bear that portion of the cost o
of off- site improvements which bears a rational nexus toe
needs created by the subdivision . c:. z -rj
cCn i O
At the time the Planning Commission grants preliminti#yl
plat approval , the Planning Commission shall determine w herb
the proposed subdivision creates a need for off- site imps e`ments '
and the portion of the cost of any needed off- site improG' Ents7
which the subdivider shall be required to bear ; provided , t 'tit 71
0
portion of the cost of off- site improvements to roads located c"
outside the City ' s corporate limits but within the City ' s
planning area shall be determined by the County . In determining
that portion of the cost of off- site improvements which the
subdivider shall be required to bear the Planning Commission shall
consider the acreage within the proposed subdivision
as a percentage of all the acreage which , when fully developed ,
will benefit from the off- site improvements ; provided , the
Planning Commission may use a different method of measurement
if it determines that use of the acreage standard will not
result in the subdivider bearing that portion of the cost
which bears a rational nexus to the needs created by the
subdivision .
(b ) Delayed improvements . If the Planning Commission
determines that a needed off- site improvement cannot be built
until future development occurs , the subdivider shall pay to
the City an amount determined by the Planning Commission , in
accordance with the standards prescribed in paragraph ( a) above ,
to be the developer ' s proportionate share of the cost of said
off- site improvements as of the date of final plat approval .
The City shall deposit said money into an interest - bearing
escrow account until such time as the off - site improvement is
constructed . If the off- site improvement is not constructed
within 5 years from the date of the first payment into the
escrow account by a subdivider , the Planning Commission shall
hold a public hearing , after notification to all affected
property owners , to determine the disposition of all money in
the escrow account . Following the public hearing , the Planning
Commission may :
( 1 ) Determine that the off- site improvement is still
necessary and feasible and can be built within a
reasonable time , in which case the escrow account shall be
continued for a period specified by the Planning Commission ; or
MICROFILMED
R a =»ao X1098 93
( 2 ) Determine that the off- site improvement is not necessary ,
or will not be feasible , or that insufficient development
has occurred to render the improvement likely in the foreseeable
future , in which case the Planning Commission shall either :
( a ) refund the money in the escrow account , with accumulated
interest , to the subdividers who made the contributions ; or
( b ) distribute the money in the escrow account on a pro rata
basis to the property owners who purchased lots in the
subdivision ( s ) and the subdivider ( s ) ; or ( c ) with the
written consent of a majority of the property owners who have
purchased lots in the subdivision ( s ) and the subdivider ( s ) ,
direct that money in the escrow account be utilized for a
different purpose which will specifically benefit the neighborhood .
( c ) Determining necessity for off - site improvements .
( 1 ) When a proposed subdivision has access to paved streets
or roads only by way of substandard or unimproved roads or
streets leading from the subdivision to the paved streets
or roads , the subdivider shall be responsible for contributing
his proportionate share of the cost of improving the substandard
access roads or streets to existing City or County standards .
The subdivider ' s proportionate share of said costs shall be
determined by the Planning Commission in accordance with the
provisions of paragraph ( a ) above .
( 2 ) When a proposed subdivision has direct access to , or
fronts on , an existing road or street which is below
current standards , the subdivider shall be responsible
for contributing his proportionate share of the cost of
improving said street or road to existing City or County
standards . The Planning Commission shall determine the subdivider ' s
proportionate share of said costs in accordance with the
provisions of paragraph ( a ) above .
( 3 ) Off- site drainage improvements shall be required whenever
a proposed subdivision causes the need for such improvements .
( d ) Waivers . A subdivider may petition the Planning
Commission for a waiver of off - site improvement requirements
in whole or in part on one or more of the following grounds :
( 1 ) The City has no plans for upgrading the substandard
street or road on which off - site improvements are proposed to
be required by the subdivider .
( 2 ) The proposed subdivision has primary access to improved
streets or roads and the portion of the subdivision which
fronts on a substandard street or road is so small or
remote from anticipated future traffic patterns as to cause
an unfair imposition on the subdivider .
( 3 ) The subdivider proposes alternative off - site improvements
which will protect the health , safety and welfare of persons
residing in the proposed subdividion and the surrounding
area and equally benefit said persons .
( 4 ) The subdivider does not propose access to the proposed
subdivision from an existing substandard street or road and
proposes to provide access by way of streets or roads
improved to current city or county standards .
( e ) Off - site improvements to State highways and highways
maintained by the ' Arkansas Highway and Transportation Department .
The subdivider shall be required to dedicate sufficient right - of -way
to bring those state highways which the Master Street Plan
® 1008 94
� � 1
shows to abut or intersect the proposed subdivision into
conformance with the right- of-way requirements of the Master
Street Plan . The subdivider shall be required to install a
sidewalk adjacent to that portion of a State Highway abutting
the proposed subdivision ; provided , the subdivider shall be
permitted to make a cash contribution in lieu of actual
installation which contribution shall be an amount equivalent
to the estimated cost of constructing the required sidewalk
as of the date of final plat approval , and provided further ,
that the Planning Commission may waive the sidewalk require -
ments prescribed by this paragraph upon application by the
subdivider and a determination by the Planning Commission
that the topography of the proposed subdivision where it
abuts a State Highway is such that installation of a side -
walk is not practical . No other improvements to State Highways
shall be required of the subdivider unless required by the
Arkansas Highway and Transportation Commission or by § 18 - 13 of
this Code .
Section 2 . The Board of Directors hereby determines that
the City ' s existing subdivision regulations pertaining to con-
struction of off- site improvements are in need of clarification ;
that such clarification is necessary to safeguard the public
health , safety and welfare ; and that the passage of this
Ordinance is necessary to clarify said regulations . 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 and approval .
PASSED AND APPROVED this _� day of �C �)?� 1979 .
APPROVED :
MAYOR
4 T ts.tr -
oft
Ole C_ Wr1F1CATE OF RECORD
"Lift. SS
State of, tte'riflc
City of 'rayc
1 AnSela R• p 'cdlrch, City C?crk and Ez
Officio recorder for t:: City of i':rye'-rfo e.
't smnas.l or forc-
b • cc""t;iy t'.ra 2. C
do ?�erc 1 )f rice d t?to sant
going is of recur' i t nt ..,.-fee n::
appears in Or:linance f9 Rcao?ution boo
V J'L_l _ at Paf;e= — 'Vfritncss My
CERTIFICATE OF RECORD lay of
hand and seal CJS t7 —•
ATE OF ARKANSAS I SS. f �{
washington County I
I , Alma L l:ollmoycr, circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or fore City ler k and Ex-Ufti.io :Z=:.o:ea
Zqiday
going instrument was n the.
tiled for record in my f M and the ar-nF .s
r1. 9 a Stclork_ 4�A7
of �rtrco ifJOi at pag _—
—
dulyrecordedin ' 'qday, of 19, 1n, }pPP1111
witness my hand are,"i \ r ; '
4G • = Cirwit.CJ k and
. Officio 08eca2o
j :•. Y et, Deputy Clerk
V 1�
CERTIFICATE OF RECORD
STATE OF AR: '. C
oS.
W'-- 1110 cr Cadniy ) .
I, Alr.ma L. K .li neyer, Circcit Cleric and Ex-Officio Recorder for
Washin.ton County, do h=reby certify that the annexed or fore.
goin,: instrAnant was filed for recolin my office on the day
of __ C�.vl IB�at�/ _ o'- '0 :1: 61, an thesmne is
duly race ed in .� o G� record_ at page
Witness y hand and seal this day of 19
Circuit CI rk and �1
Ex-Officio Recorded
BYE
t Deputy Clerk
1 ;,`.