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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 [ logo escrow eccoum be clan "Whwail . ua wwl uolslnlp9^s payad4ad alit m.� -as a odwd IOU "W.JaPN!P9,Oa4 Vlauip'llle^�Ai awa/1I!Pminspu pt p¢u no!9NtP9ne Patti wl ut Dul%saJ { ad jo at¢Ila^` PUT 11aPJe . !IPXKI taalwd IP^ 4a!4^` "Wes' ldtuI ari-v � anyvu,a4e Safadeld Japulp9^S wa 1LIq 'Japulp9ns w1 UOPlsedw it nuessnNof se swatted OUlen 4UVnl tialNtaIS ww1240 t ¢ m saism gai4 m '+awle plspu iallmd a10 We fpew wm,^!p911s w+ P m Gauls panwdW! of sfaaae' U (il 911 r ,d q seV ns; PIA O� 'Iq p t�mWJ ay It"pjmdoad wa slue 1 mil atlslW y>!yw uO psa,m:tautf ptepuelsgns a4I lulpw8dn ml sueid w seV it 31�,(111rl a4I lo'aJwl •J0 ata uO wrytrof1aNJ.: JaWjAQaB JOAte tIII! airsi mY,wmaeladlow list w wanlum IPVI . -stuawanwd .qns 9iyI�a s.,a�nww^` PaJlnhw w 8Ne dwl ' alsUlem aps00 W! r sluawawJ ' ano991w ydvilvaud aw2pt0aae u! 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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 ;,`.