HomeMy WebLinkAboutOrdinance 2695 ORDINANCE NO . X�c
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AN ORDINANCE AMENDING ARTICLE III , Section A OF APPENIX/rC
TO THE FAYETTEVILLE CODE OF ORDINANCES TO REQUIRE
SUBDIVIDERS TO PROVIDE FOR PUBLIC PARKS .
WHEREAS , the City of Fayetteville has adopted a comprehensive
Land Use Plan and Community Facilities Plan which includes a
public park plan ' ; and
WHEREAS , Ark . Stat . § 19 = 2829 ( c ) provides that when a
proposed subdivision does not provide an area or areas for a
community or public facility based on the plan or plans in
effect , regulations may provide for reasonable dedication of
land for such public or community facilities , or for a
reasonable equivalent contribution in lieu of dedication of
land , such contribution to be used for the acquisition of
facilities that serve the subdivision .
NOW , THEREFORE , 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 by
adding paragraph ( k ) to read as follows :
(k ) Required dedication of land for public park sites ,
or a reasonable equivalent contribution in lieu of
dedication of land .
\ (1 ) If , under the City ' s comprehensive Land Use
,v31� and Community Facilities Plan ( General Plan 1970 - 1990 ) ,
a new park is to be located in the Park District where
a subdivision is proposed and the subdivider does not
dedicate land for park use in accordance with said plan
at a ratio of . 0125 acres of land for each single
family dwelling unit and . 01 acres of land for each
multi - family dwelling unit permitted within the subdivision
under the City ' s zoning regulations , the subdivider
shall be required to make a contribution in lieu of
dedication according to the following formula with such
contribution to be used for the acquisition of park
facilities that serve the subdivision : $ 85 . 00 for each
multi - family unit and $ 105 . 00 for each single family
unit permitted within the subdivision under the City ' s
zoning regulations . If the subdivider legally restricts
the number of dwelling units to be constructed to less
than the maximum density permitted by the City ' s zoning
regulations , land dedication or cash contribution in
lieu thereof shall be based upon actual density . No
land proposed for dedication as a park site shall be
accepted unless the Planning Commission determines ,
after consultation with the Parks and Recreation Advisory
Board , that (1 ) the physical characterisitics of the
site , and its surroundings , make the site suitable for
park purposes , and ( 2 ) the proposed dedication is
consistent with the City ' s General Plan for parks .
(2 ) If a proposed subdivision is not located
within a Park District where a new park is to be located
under the General Flan , or if the physical characteristics
or the surroundings of land proposed for dedication as
a park site render the land unsuitable for park purposes ,
or if the proposed site is not consistent with the
City ' s General Plan for parks , as determined by the
Planning Commission , the subdivider shall be required
to make a contribution in lieu of dedication according
to the formula prescribed in sub-paragraph (1 ) above
with such contribution to be used for the acquisition
of park facilities that serve the subdivision .
m- 1031 , 879
MKROFILMED
IL - 2 -
( 3 ) A land dedication required under paragraphs 1
or 2 above must be made before final plat approval may
be granted by the Planning Commission . A final plat
shall not be released for recordation until the deed
for a land dedication is received . A cash contribution
in lieu of required land dedication in a subdivision shall
be payable for each dwelling unit when the lot on which
the dwelling unit is to be constructed is sold or within
5 years from the date of final plat approval , whichever
occurs first . A cash contribution in lieu of required
land dedication in a large scale development shall be
payable in three equal annual installments with the first
installment due when approval of the large scale development
is granted by the Planning Commission , the second installment
due not later than one year from said date , and the final
installment due not more than two years from said date .
The developer shall post a performance bond or execute
a contract granting the City a lien on the developer ' s
property to guarantee payment .
( 4 ) The requirements of this paragraph shall
apply to lot splits and to replats of subdivisions ;
provided , said requirements shall not apply to a lot split
or replat which does not create one or more vacant lots
on which a structure could be erected under the City ' s
zoning regulations . .
( 5 ) All money received under this paragraph shall
be deposited in an interest bearing account . Said
money together with the interest thereon , shall be used
for the acquisition of park sites and park facilities
that serve the subdivision for which a contribution in
lieu of dedication has been made . The City shall keep
accurate accounting records on the use of all such
money .
Section 2 , The Board of Directors hereby determines
that the City ' s subivision regulations do not make adequate
provision for park sites and park facilities ; that adequate
provision for park sites and park facilities when land is
subdivided and developed is essential to the public welfare ;
and that the passage of this ordinance is necessary to make
adequate provision for park sites and park facilities .
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 q�22d day of ,
1981 .
APPRO ED :
MAY
ATTEST :
ciisiCaPE OF R " Co-
.,t, of arkans"'s ( SS
CITY CLERK 1, Vivian Xoette;, Ci'y 0erlc and Ex-Officio
for tti+e City of iluy- ttevj" , du !ire.
C , ceri`.y f': t t . or fure;;oian is
c£ reeard i': tn; a fi _e nd the same ap-
pearYYs in Ordinance & Resolution book
—{iat pale (2 Witness my
hand atseal this��. day of
01
City Clerklihad io Re
CERTIFICATE OF RECORD
STATE OF ARKANSAS I SS.
Washington County
I, Alma L. Kollmoyer, Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or fore-
going ins ument was fleeed'' for record in my office on tha! day
of o'r.lockfM, and the same -Is o
duly recorded in_QJ+¢�-- record f at page!
Witness my hand and seal this .day —192L
Circuit Clerk and
Ex•O icio, Record
Deputy Clerk