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Home My WebLink AboutOrdinance 3997 ORDINANCE NO. 3997 AN ORDINANCE AMENDING CHAPTER 160: ZONING, OF THE CODE OF FAYETTEVILLE, TO REQUIRE n o UNDERGROUND UTILITY WIRES, LINES AND/OR " _i -moi M CD CABLES IN NEW RESIDENTIAL DEVELOPMENTS = 2 REQUIRING PLANNING COMMISSION APPROVAL AND ;:a -n o �' T r o IN NEW COMMERCIAL DEVELOPMENTS . m z C/' 0 3 m WHEREAS , the City Council finds that underground utilities would protect property values, enhance the appearance of new developments, reduce the amount of tree pruning and cr o tree removal, and provide safe and reliable utility service. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : That Chapter 160: Zoning, of the Code of Fayetteville is hereby amended to add the following: Section 1 . In the new residential developments requiring Planning Commission approval and new commercial developments all utility wires, lines, and/or cables in said developments utilized by electric and/or telecommunications companies shall be placed underground. Section 2. In case of hardships, (including but not limited to financial, geological , environmental, or regulatory) unique to the subject property, the Planning Commission may grant a waiver, on a permanent or temporary basis, to allow the erection, construction, installation, maintenance, use or operation of poles and overhead wires and associated overhead structures. Section 3 . Overhead wires, supporting structures, and associated structures of a temporary nature which provide temporary service shall be exempt from this ordinance. A permit obtained from the Planning Administrator for said temporary service, addressing the nature and duration of said service, shall be required. Transmission lines of 34.5 Kv and above shall be exempt from this ordinance. Section 4. Nothing herein shall be construed to usurp the authority of the Arkansas Public Services Commission and in all instances of conflict, the rules and regulations of said Arkansas Public Service Commission shall prevail. _ " P SAND APPROVED this 1st day of October 1996. y APPROVED : By : • red Hanna, Mayor ATTEST: By : Traci Paul, City Clerk 96063; 32 I, Kathleen Hamess, Circuit Clark and Ex•oHlclo Recorder to Washington County. Arkansas, do haroby comity ttret my this instr,mcnt Y:ac L:r,-i !nr rnho same eFrce es ind,c::'a ' zc'.mow• Is nor.• duly In ledgers::! .:s indh :ad Record axk ,nd ' thereon. INWITNESSWh.8Fl aCr. I ththees101 here- unto set my hand : • u adixed ee 'I d¢ta 'ndlcated hereon. said Cour or, t Kathleen Harness Circuit Clerk and Ex-otlicio ecorder by C ' RECIE IVh NOV 0 6 1996 STATE OF ARKANSAS FINANCE DER ss. County of Washington�,(� /q• ORDINANCE NO. 3997 1, NI L1 `- OI�F / hereby cer- AN ORDINANCE AMENDING tify that I am the publisher of AE NO THWEST ARKANSAS TIMES, a daily CHAPTER 160: ZONING, OF newspaper having a second class mailing privilege, and being not less than four pages of THE CODE OF FAYETTE- VILLE, TO REQUIRE UNDER- five columns each, published at a fixed place of business and at a fixed (daily) intervals GROUND UTILITY WIRES, continuously in the City of Fayetteville, County of Washington, Arkansas for more than LINES AND/OR CABLES IN NEW RESIDENTIAL DEVEL- a period of twelve months, circulated and distributed from an established place of business OPMENTS REQUIRING PLAN- to subscribers and readers generally of all classes in the City and County for a definite price NTNG COMMISSION APPRO- VAL foreacb co ora fixed rice r annum, which rice was fixed at what is considered the AND IN NEW CAMPER- PY• P per P CIAL DEVELOPMENTS. value of the publication, based upon the news value and service value it contains, that at WHEREAS, the City Council least fifty percent of the subscribers thereto have paid cash for their subscriptions to the finds that underground utilities would protect property values, newspaper or its agents or through recognized news dealers over a period of at least six enhance the appearance of months; and that the said newspaperpublishes an average of more than forty percent news new developments, reduce the matt".amount of tree pruning and tree removal, and provide safe and rename utilTHEREFORE, I further certify that the legal notice hereto attached in the matter of NOW, THEREFORE, BE IT Y g ORDAINED BY THE CITY �� / a�ppp COUNCIL OF THE CITY OF 6J/7/�! M/1M (ra FAYETTEVILLE, ARKANSAS: That Chapter 160: Zoning, of / the Code of Fayetteville is here- was published in the regular daily issue of said newspaper for in amended to edtl the lollow• consecutive insertions as follows: Se Sadden l• In the new requiring Planning C developments requiring nn __ !� Planning Commission approval The first insertion on the tL<•. /1 ) /to day of 19 7/n and new commercial develop- ments all utility wires, tines, the second insertion on the da and/or cables in said develop- y of 19 mens utilized by electric and/or telecommunications companies the third insertion on the da of 19 shall be placed underground. Y Section 2. In case of hardships, (including but not and the fourth insertion on the da of 19 limited to financial, geological, Y environmental, or regulatory) unique to the subject property, the Planning Commission may grant a waiver, on a per anent , or temporary basis, to,aFw,the,, erection, construction; Installa- tion, maintenance, use or oper- •Publish General Manager ation of poles and overhead wires and associated overhead structures. Section 3 Overhead wires, supporting structures, and as. - sedated structures of a tempo. rary nature which provide tem. porary service shall be exempt from this ordinance. A permit obtained from the Planning Ad- ministrator for said temporary service, addressing the nature and duration of said service, shell beerequired. Transmission lines of 34.6 Kv and above shall be exempt from this ordinance. Swum to arksubscribed before me on this day of Section herein shall th construed Nothing herein to usurp the au- of the Arkansas Public Services 19 Services Commission and In all Instances of conflict, the rules and regulations of said Arkan- sea Public Service Commission ) C t ' ! shall prevail. )t PASSED AND APPROVED )� ND�ryPublic, State ofgrk r Notarybhc this tat day of October, 1996. )r WaShin r anSBS APPROVED: )) glon COUnly r By: Fred Hanna My Commission Expires sl MY Commission Expires t r Mayor ccc<cc<cccccccccc<ccc ?/27/05 r ATTEST: «ca<K<KCct' By:Traci Paul _ City Clirk Fees for Printing .$ _ 140112-T Cost of Proof $ — Total