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HomeMy WebLinkAboutOrdinance 2698 A ORDINANCE NO . S2 � X 4L � F� /Jv 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 — z — PASSED AND APPROVED this ,_,9Aj day of , 1981 . AP OVED : tiv /G1 OR Fav fTr t,- . 11 / f TTEST: 41JP t CLERK S(iUl1Tt ' pP / 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