HomeMy WebLinkAboutOrdinance 2581 ORDINANCE N0 .
RECC);� S
AN ORDINANCE AMENDING APPENDIX C TO THE FAYETrTEVJ
CODE OF ORDINANCES TO AMEND THE PROCEDURE FOR SUBD`TV1`SfOW P LArj: 42
APPROVAL . Sr ';fiGTrf; � ��. TY, riRli .
eJ� BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THEp'G MF
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FAYETTEVILLE , ARKANSAS : i" < «it
Section 1 . That Art . I , Sec . D of Appendix C to the
Fayetteville Code of Ordinances is hereby amended by adding
the following :
Plat , concept : A generalized scetch of an area intented to
be subdivided and containing sufficient information to allow
the Planning Commission to determine whether the subdivider
can comply with these regulations .
Section 2 . That Article II of Appendix C to the Fayette -
ville Code of Ordinances is hereby amended to read as follows :
The subdivider shall follow the following procedure for
the approval of a subdivision plat :
Sec . A . CONCEPT PLAT
When a developer intends to subdivide land within the Fayette-
ville Planning Area Boundary he may first submit a Concept
Plat to the Planning Administrator for the Planning Commission ' s
consideration . The purpose of the Concept Plat process is to
allow all interested parties an opportunity to provide the
developer with their input or requirements before the developer
invests a great deal of time or money into the preparation of
a detailed plat . The Concept Plat shall be submitted to the
Planning Administrator at least seven ( 7 ) days prior to the
Planning Commission meeting at which it is to be considered .
For both the Concept Plat and Preliminary Plat the developer
shall notify all surrounding property owners within 100 feet
of the proposed subdivision . Notification shall be by certified
mail or in person ; and , if in person , proof of notification
shall be by signature on the plat . The developer shall submit
proof of notification prior to the Planning Commission ' s review
of the plat . The Concept Plat shall contain the following
information :
1 . Eighteen ( 18 ) copies of the plat drawn at 1 " = 100 ' or
1 " = 200 ' on any material so
long as it portrays the intent of the developer ;
2 . A vicinity map which shows the proposed subdivision
location in relation to the nearest arterial and
collector streets on the Fayetteville Master Street
Plan or Washington County Highway Plan ;
3 . Topography (USGS is sufficient ) ;
4 . Existing water courses , flood plains , tree cover and
other natural or physical features or restricting
elements ;
5 . Type of utilities to be provided ;
6 . Proposed use of all land ;
7 . Existing and proposed traffic system ;
8 . Proposed type and number of structures ;
9 . Name , address and telephone number of owner , developer ,
and engineer or surveyor ; and
10 . Subdivision name , scale , date , north arrow and acreage .
The Concept Plat will be distributed to City department heads ,
members of the Technical Advisory Committee and other affected
parties . Any comments concerning the proposed subdivision '
received by the Planning Administrator shall be passed
' on to
the developer , . = 1007 759
The Planning Commission will review the proposed subdivision
considering all applicable City plans and ordinances and comments
received from technical review people and the Planning
Administrator . Following its review , the Planning Commission
4, MiCROFIU&M 0
DATE FEB
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. 2 .
will determine any potential problems which could result in
refusal to approve a Final Plat . Following Planning Commission
review the Planning Administrator will advise the developer in
writing of the review comments .
Sec . B . PRELIMINARY PLAT
When a subdivision of land is proposed , the first formal
application for approval shall consist of the following , directed
to the City Planning Commission and submitted to the Planning
Administrator :
1 . Application for preliminary subdivision plat approval .
2 . Payment of the preliminary plat fee .
3 . Eighteen (18 ) copies of a preliminary plat of the
proposed subdivision which plat shall include the
information indicated for preliminary plats in Section
F . The preliminary plat shall be reviewed first by the
Plat Review Committee . The developer shall then submit
10 copies of the plat , with revisions as recommended by
the Plat Review Committee , for distribution to the Planning
Commission .
Application for Preliminary Plat Approval shall be submitted to
the Planning Administrator at least fifteen ( 15 ) days prior
to the meeting of the Planning Commission at which consideration
is requested .
Plat Review Committee and Subdivision Committee Procedure
Following submittal of a preliminary plat , final
plat , or large scale development plan the
Planning Administrator shall distribute the proposed
development to the Plat Review Committee (PRC ) for its
review and comment . The Planning Administrator shall
schedule a meeting of the PRC to consolidate comments on
all plats submitted for consideration . The PRC comments
shall be provided to the Subdivision Committee ( SC ) for its
review and decision or recommendation . The SC will
review the PRC comments and make a recommendation to
the Planning Commission . The SC will usually meet just
prior to the Planning Commission . Final approval of a
large scale development plan may be made by the SC .
Planning Commission action .
The Planning Commission shall consider the preliminary plat
along with all reports and comments by utility companies ,
city departments and others . Within thirty ( 30 ) days after
the Planning Administrator ' s receipt of the preliminary
plat , the Planning Commission shall indicate its approval ,
disapproval or approval with conditions .
Approval of the preliminary plat shall be subject to the
following qualifications :
1 . Such approval does not constitute authorization to
proceed with construction until plans have been approved
( See #4 below) .
2 . Approval of the preliminary plat is tenative pending
submission and approval of the final plat .
3 . Approval of the preliminary plat shall be effective for
one year and thereafter as long as work is actively
progressing on the installation of required improvements .
4 . Receipt by the subdivider of the Planning Commission ' s
written approval of the preliminary plat authorizes
the subdivider to proceed with :
1 . The preparation of site improvement plamtikil" y I �Q
specifications including :
a . Street plans , profiles and specifications
accompanied by soils analysis and design calcula-
tions .
b . Storm drainage plans , profiles and specifications
accompanied by soils analysis and design calculations ;
and
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c . Water and sewer plans , profiles and specifications ,
accompanied by design calculations , to be reviewed
and approved by city officials .
2 . The installation of site improvements after plans and
profiles for such improvements have been approved by
the appropriate official ; and
3 . Preparation of the final plat of the subdivision or of
a portion of the subdivision .
Sec . C . FINAL PLAT
While the Planning Commission ' s approval of the preliminary
plat is in effect , the subdivider may submit to the Planning
Administrator an application for approval of the final plat
which shall consist of :
1 . Application for final subdivision plat approval .
2 . Payment of the final plat fee .
3 . Eighteen ( 18 ) reproductions or copies of the
final plat which plat shall include the information
required for final plats by Section F . Following
review of the final plat by the Plat Review Committee ,
the developer shall submit 10 copies of the plat ,
with any revisions , for distribution to the Planning
Commission .
4 . Assurance that the improvements indicated in the
final plat and / or required by these regulations
will be installed or constructed . Such assurance
may consist of :
1 . A contract with the city which contract shall
grant the City a lien on the property within
the subdivision to guarantee installation of
required improvements and shall provide that
no Certificate of Occupancy for any structure
erected within the subdivision will be issued
by the City until the lot on which the structure
is located has been released from the aforesaid
lien .
2 . . A performance bond approved by the City Attorney
guaranteeing installation of the required
improvements ;
3 . . A cash deposit amounting to one hundred per cent
( 100%) of the estimated total cost of the
required improvements ; or
4 . Certification by the street superintendent and
city engineer that all improvements have been
installed as approved .
An application for approval of a final subdivision plat shall be
submitted to the Planning Administrator not less than fifteen
( 15 ) days prior to the meeting of the Planning Commission at
which consideration is requested .
Within sixty ( 60 ) days after receipt of the final plat and
other required information , the Planning Commission shall
approve or disapprove the final plat , which approval or
disapproval shall be communicated to the applicant in writing .
� EL117 761
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When the final plat has been approved by the
Planning Commission , the subdivider shall submit two ( 2 ) original
reproducible transparent "Mylar" and twenty - two ( 22 ) copies with
the approval of the Planning Commission certified thereon including
all signatures , to the Planning Administrator . One reproducible
transparent "Mylar" copy of the final plat containing the certifi -
cation of the Planning Commission shall be retained by the Planning
Administrator for City records . The developer shall file the
other "Mylar" and any covenants with the County Recorder and
shall provide the Planning Administrator with proof of filing .
No building permits shall be issued until proof of filing
has been provided by the developer .
Approval of a final plat by the Planning Commission
shall not be deemed acceptance of any of the
dedications shown on the plat . Such acceptance shall be made
by the City or the County in the manner prescribed by law .
Sec . D . CONCURRENT PLAT
When a property owner wishes to transfer large parcels of
property or parts of recorded lots that do not require
replatting , dedications , vacations , reservations , changes
in alignments of easements or rights - of-way or extension
of utilites , the Planning Commission may waive the preliminary
plat and approve the final plat for filing with the County
Recorder .
Sec . E . FEES
When the subdivider submits a plat to the Planning Commission
he shall remit the following fees ;
Concept Plat - - - - - - - - - - - - - - - - - - - - - - - $ 30 . 00
Preliminary Plat - - - - - - - - - - - - - - - - - - - $ 50 . 00
Final Plat - - - - - - - - - - - - - - - - - - - - - - - - - $ 50 . 00
Concurrent Plat - - - - - - - - - - - - - - - - - - - - $ 50 . 00
Lot Split - - - - - - - - - - - - - - - - - - - - - - - - - - $ 15 . 00
Large Scale Development - - - - - - - - - - - - $ 45 . 00
Sec . F . PLAT REQUIREMENTS
The original plat shall be drawn in waterproof ink on Mylar
or other reproducible , stable base material at a scale which
best suits the size of the property being platted . If the
scale is other than 1" = 100 ' then the developer shall
provide one print or photo conversion at a scale 1 " = 100 ' .
Mylar Sheets shall be 18 " x 23 " .
Plat information : The following information shall be submitted to
the Planning Commission for a plat review and approval :
GENERAL Prelimi- Final Concurrent
Name and address of owner , nary Plat Plat Plat
developer , engineer , surveyor
and person preparing the plat . X X X
Subdivision name , date , graphic
scale , north arrow , acreage and
zoning districts . X X X
Legal description of the
property with dimensions and
angles sufficient to locate all
lines on the ground ',- . Lots and
block shall be identified ,
boundaries shall be shown by
distance , and property shall ���
be located by section , range and = 1067
township and by corporate limits . X X X
Location and description of all
stakes and monuments . X X
Vicinity sketch to show the
relation of plat to streets
and developments surrounding the
subdivision and other information
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requested by the Planning
Commission . X X X
EXISTING CONDITIONS Prelimi - Final Concurrent
nary Plat Plat Plat
Original topography at five ( 5 )
foot contour intervals along
with water courses and rock
outcroppings . X
(May be changed at the Engineer ' s
discretion if another topo interval
better suits the land) .
Locations and names of existing
or platted streets and utility
easements within or abutting
the subdivision . X X X
Location of all prominent physical
features such as building , rail -
roads , parks , creeks and public
open spaces . X
Names of adjacent subdivisions
and owners of adjacent property . X
Location and size of utility lines ,
water courses , bridges , culverts ,
wooded areas , lakes , flood plains
and underground installations
within or adjacent to the
subdivision . X
PROPOSALS Prelimi- Final Concurrent
nary Plat Plat Plat
General drainage plan X
Drainage plan with proposed cuts
and fills . X
Location and dimension of all pro -
posed lot lines , lot and block num-
bers , building lines , street lines ,
easements , dedications and reserva -
tions . X X X
Radial and linear dimensions
including angles , bearings ,
reference to true north , and
distances sufficient to
reproduce the plat on the ground . X X
Proposed use of all land in the
subdivision . X
Location and size of utility
lines . X X
Location and size of any
property to be dedicated or
reserved with conditions for
special uses . X X
INFORMATION TO SUPPLEMENT
THE PLAT Premili- Final Concurrent
nary Plat Plat Plat
Letter of transmittal . X X X
Profiles of streets and
sidewalks and utility plans
with profiles . X
Protective covenants . X X X
Certificate of survey and
accuracy by surveyor . X X
Certificate of ownership , title ,
and dedication . X
Certificate of accuracy by the 1 , 07 76�
developer ' s engineer . X
Signature block for the City
Planning Commission .. X X X
Signature block to certify
I
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Prelimi- Final Concurrent
nary Plat Plat Plat
approval of streets , side -
walks , street lights , easements ,
grading , and drainage by the
city engineer . X X
Location and dimension of sidewalks
and location of street lights . X X X
Signature block to certify
acceptance of dedications by
the City Board of Directors . X X
Signature block for water and
sewer superintendent to certify
State Health Department approval
of water and sewer plans . X X
Guarantees in lieu of improvements
(bond , cash or contract with
City or County) . X X
Sec . G . SIGNATURES
The final plat or concurrent plat may be signed by any officer
of the Planning Commission .
Sec . H NUMBER OF PLATS
The Planning Administrator may request additional copies of plats
if the amount required by this ordinance is not sufficient for
distribution to the various committee members .
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Section X . The Board of Directors hereby determines that the
provisions of this ordinance are severable . Should any provision
hereof be declared unconstitutional or otherwise invalid by a court
of competent juridiction said declaration shall not affect the validity
of the remaining provisions .
Sectionf,6 . The Board of Directors hereby determines that the
present procedure for approval of subdivision plats hinders the
effective administration of the City ' s • subdivison regulations ; that
effective administration of the City ' s subdivision regulations is
essential for the public health , safety , and welfare , and that the
passage of this ordinance is necessary to provide for effective
administration of the City ' s subdivision 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 , 1979 .
APPROVED :
ATTEST : PIAYOR
•I • r
CERTIFICATE OF RECORDkMdt
G- State of Arkansns r gS = 100TI �J4
C TY C RK City of Fayetteville l _
I, Angela R. Medlock, City Clerk and Ex-
Officio re :order for tl:e City of Fayetteville,
do hereby certify fiat the annc:ed or fore-
going is of record in my office and the samo
appears '.k
Is in Ordinance & Resolution boo
16 at page 1f/ n"� . witness rty
hand nd seal day of
TA-) 19
A.Q- -�1-__
City Clerk and Es-0414, io R:cordot
CERTIFICATE OF RECORD
STATE OF ARLANSAS SS,
Washin^ton County
I , Aima L. Itcl'mcyer, Circuit Clerk and Ex-Officio Recorder fon
Washin; ton County, do hereby certify tha: ,ha annexed or ff/ore+
o�[' my office on thud day
going ins+r nenhvas tiled?�for 6a raa O JockAM, and thesame is
of i9C1at�
4n (,� re,.ord O atP leo-JLC
duly recorded in_@J? 19 pQ
Witness my hand and seal tills day of
4
Circuit _rk a d
Ex-Officio Recorded
By
Deputy Clerk
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