HomeMy WebLinkAboutOrdinance 2698 A
ORDINANCE NO . S2 � X 4L � F�
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AN ORDINANCE AMENDING ARTICLE III , SECTION A ,
PARAGRAPH ( k ) OF APPENDIX C TO THE FAYETTEVILLE �j / ✓2 ��
CODE OF ORDINANCES TO AMEND THE REQUIREMENT FOR
SUBDIVIDERS TO PROVIDE FOR PUBLIC PARKS . jr
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 , That Article III , Section A , Paragraph ( k )
of Appendix C to the Fayetteville Code of Ordinances is hereby
amended by adding subparagraph ( 6 ) to read as follows :
( 6 ) If the developer of a Planned Unit Development
or a subdivider designates open space for park areas
and provides within 12 months from final plat approval ,
recreational facilities in said areas , and if the
subdivider guarantees that said land and facilities
will be permanently maintained for recreational use ,
the Planning Commission may give a credit reducing
the dedication of land or contribution in lieu thereof
required by paragraphs ( 1 ) and ( 2 ) above , provided the
Planning Commission determines , after consultation with
the Parks and Recreation Advisory Board , that ( 1 ) the
physical characteristics of the site , and its surroundings ,
make the site suitable for park purposes , ( 2 ) the
proposed site is consistent with the City ' s general
plan for parks , and ( 3 ) the proposed recreational
facilities are sufficient to adequately serve the
residents of the subdivision . The developer shall
provide by recorded instrument approved by the City
Attorney that the open space and recreational facilities
shall revert to the City for use as a public park
in the event said recreational facilities or open
space are not properly maintained as determined by the
City ' s Parks and Recreation Director .
Section 2 , That Article III , Section A . Paragraph ( k )
(3 ). of Appendix C to the Fayetteville Code of Ordinances is
hereby amended by adding the following paragraph :
If a subdivider makes a cash contribution in lieu of
land dedication , the subdivider shall be entitled to a
pro- rata refund in the event actual density is less
than the density used as the basis for the subdivider ' s
contribution ; provided , no refund shall be made unless
application therefore is made in writing to the Planning
Administrator within five years from the date of final
plat approval .
Section 3 . The Board of Directors hereby determines that
the City ' s subdivision regulations requiring provision for
park sites and park facilities should be clarified so that
adequate provision for such sites and facilities may be
made ; that adequate provision for park sites and park facilities
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 .
MICROFILMED
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PASSED AND APPROVED this ,_,9Aj day of ,
1981 .
AP OVED :
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CLERK
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CER'T`IFICATE OF RECORD
State of Arkansas
City of Fayetteville ( SS
I, Vivian Koettel, City Clerk ftp], Ex 0,fttlq
recorder for the City ofrayettevil'e, do ;vers•
I r certify that flea ann Kaci
of record or fore„ irl•� is
in illy oMce and the sa ; is u
CERTIFICATE OF RECORD Pears in Or(ilnance & Res .%! Lit:. ,," 13ootc
STATE OF ARKANSAS J 3S t Pafie- Gz6--8_- witless Tay
Washington County ) hand an seal thisl
I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for day Of
Washington County, do hereby certify that the annexed of fore- • • _ qt/ ' I
going instrument was filed for�r�e�c�ordin my/o�ffice on ti;o% daY City Clerk and Ex•pff cig C
of 9$L tip- . o'clockA, and the =.ome/is'
duly recorded in record at page_{po
Witness my hand and seal t eaL
.day —19_R
Circuit Clerk and Lal � 0. 6�
Ex-0 icio Record
By