HomeMy WebLinkAboutOrdinance 5215 ORDINANCE NO, 5215
AN ORDINANCE TO AMEND § 166.03 REQUIRED ON-SITE
IMPROVEMENTS-SUBDIVISIONS IN CITY LIMITS AND
§ 166.05 LARGE SCALE DEVELOPMENT OF THE UNIFIED
DEVELOPMENT CODE BY ADDING INFRASTRUCTURE
IMPROVEMENTS WHERE THE NEED FOR SUCH
IMPROVEMENT IS CAUSED BY THE PROPOSED
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby enacts a
new subsection 166.03 (L) Other infrastructure improvements where the need for such
improvements is created in whole or in part by the proposed subdivision or development as
shown below:
"§ 166.03 (L) Other infrastructure improvements where the need
for such improvements is created in whole or in part by the
proposed subdivision or development.
"Such infrastructure improvements may include traffic signals,
trail linkages or corridors, drainage improvements including
detention and retention ponds and other infrastructure
improvements determined necessary by the City Engineer."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 166.05(C)(7) Miscellaneous requirements for both large scale developments and preliminary
plats by repealing subsection (b) and enacting a replacement subsection (b) as shown below:
"§ 166.05 (C)(7)(b) The developer may be required to install or
pay money in lieu of installation of off-site improvements where
the need for such improvements is created in whole or in part
by the proposed large scale development or preliminary plat. An
off-site improvement shall be any improvement listed within
§ 166.03 which is located outside the proposed development or
plat."
Page 2
Ord. 5215
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PASSED and APPROVED this 20 day of January, 2009. ;
FAYETTEVILLE'
APPROVE ATTEST: = 5 • �?
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B By: Y1tipG
L ONEL RDAN, Mayor SO E. SMITH, City Clerk/Treasurer
RECEIVED
FEB 02 2009
CITY OF FAYET7FVILLE
CITY CLERKS OFFICE
,Arkmsas Democrat ®razette
Northwest Arkansas Times
Benton County Daily Record
P . O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas , (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of: City of
Fayetteville Ordinance No. 5215
January 27, 2009
Publication Charge : $80.70
Signed: __ ---- W J�p
Subscribed and sworn to before me
This3B day of ja*t
ua u 2009 .
Notary Public
My Commission Expires: a �e2 ���oM;•f!4q`
W:j OSARy
Do not pay from Affidavit, an invoice will be sent
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PUBV ry.;
MAY06: .
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RECEIVED
FEB Q 2 2009
Cay AY ILLE
CCrry CL RK'OFF CE
ORDINANCE NO. 6273
AN ORDINANCE TO AMEND §166.03 REQUIRED 0
ON-SITE IMP14DR 16EM5 LARGE SCALE D IN CITY7ayve evl le
LIMITS AND UNIFIED DEVELOPMENT
SCALE DEVELOP-
MENT OF THE UNIFIED DEVELOPMENT CODE BY
r ADDING ' INFRASTRUCTURE IMPROVEMENTS
WHERE THE NEED FOR SUCH IMPROVE- ARKANSAS
1 MENT IS CAUSED BY THE PROPOSED SUBDIVI-
SION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT' OF fAYETTEVILLE,
ARRANSASr 7 § IF 'LA
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subset- r
tion 166.03 (L) Other Inftastructure improvements where the need for such improvements is creat. t
ed in whole or In part by the proposed subdivision or development as shown below:'w�`
'§166.03 (L) Other infrastructure improvements where the need for such improvements is
created in whole or In part by the proposed subdivision or development
'Such Infrastructure Improvements may include traffic signals, trail linkages or corridors,
drainage improvements including detention and retention ponds and other infrastructure
improvements determined necessary by the City Engineer.-
Section 2: That the Cly Council of the City of Fayetteville, Arkansas hereby amends §16605(C$7)
Miscellaneous requirements for bath large scale developments and preliminary plats by repealing
subsection (b) and enacting a replacement subsection (b) as shown below:
'§166.05 (C$7Hb) The developer may be required to Install or pay money in lieu of Installation of
off-site improvements where the need for such improvements Is created In whole or in part by
the proposed large scale development or preliminary plat. An off-site improvement shall be any
Improvement fisted within §166.03 which is located outside the proposed development or plat.'
PASSED and APPROVED this 20th day W January, 2009.
APPROVED: ATTEST.
By. . By.
1 VONELD JORDAN, Mayor - SONDR# E. SMITH, City ClorknFraamnr
d RZ)
AGENDA REQUEST //2-O/D
5d/ 5
Aid
FOR: COUNCIL MEETING OF JANUARY 20, 2009
FROM:
KIT WILLIAMS, Fayetteville City Attorney
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend §166.03 Required On-Site Improvements-Subdivisions In City
Limits And §166.05 Large Scale Development Of The Unified Development Code By Adding
Infrastructure Improvements Where The Need For Such Improvement Is Caused By The
Proposed Subdivision
APPROVED FOR AGENDA:
Ki illiams Date 17
City Attorney
J em P e Date
Cu t P] ng Director
wL
ioneld Jo PatZZ
Mayor
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER , ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL, DEPARTNI1:N'14
TO : Lioneld Jordan, Mayor
City Council
CC : Jeremy Pate, Director of Current Planning
L.:' C
FROM : Kit Williams, City Attorney ._...--...... -- =�
DATE: January 5, 2009
RE : Required Off-site improvements
In order to clarify the Unified Development Code ' s requirements for off-site
infrastructure improvements when the need for such infrastructure improvement is
created by the new development, I suggest that subsection §166. 03 (L) be added to
the UDC . The existing required infrastructure improvements within § 166.03 for
new development are so detailed that certain off-site improvements necessitated by
a . new development might not now be included. The new language should solve
that problem .
I also suggest amending § 166 .05 (C)(7)(b) to shorten it and refer to § 166 .03
to ensure uniformity when determining if any off-site infrastructure improvements
would be warranted by a new development.
These proposed amendments codify and clarify a long existing practice
when a new plat or development is large enough to warrant off-site infrastructure'
improvements . The City Engineer will continue to use traffic and drainage studies
to determine whether a new need for off-site infrastructure improvements exists,
and if so, what would be the development' s proportional impact to determine its
fair portion of the costs.
ORDINANCE NO,
AN ORDINANCE TO AMEND § 166.03 REQUIRED ON-SITE
IMPROVEMENTS-SUBDIVISIONS IN CITY LIMITS AND § 166.05
LARGE SCALE DEVELOPMENT OF THE UNIFIED DEVELOPMENT
CODE BY ADDING INFRASTRUCTURE IMPROVEMENTS WHERE
THE NEED FOR SUCH IMPROVEMENT IS CAUSED BY THE
PROPOSED SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l : That the City Council of the City of Fayetteville, Arkansas hereby enacts a
new subsection 166.03 (L) Other infrastructure improvements where the need for .such
improvements is created in whole or in part by the proposed subdivision or development as
shown below:
"§ 166.03 (L) Other infrastructure improvements where the
need for such improvements is created in whole or in part by
the proposed subdivision or development.
"Such infrastructure improvements may include traffic signals,
trail linkages or corridors, drainage improvements including
detention and retention ponds and other infrastructure
improvements determined necessary by the City Engineer."
Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 166.05(C)(7) Miscellaneous requirements for both lenge scale developments and preliminary
plats by repealing subsection (b) and enacting a replacement subsection (b) as shown below:
"§ 166.05 (C)(7)(b) The developer may be required to install or pay
money in lieu of installation of off-site improvements where the
need for such improvements is created in whole or in part by the
proposed large scale development or preliminary plat. An off-site
improvement shall be any improvement listed within § 166.03
which is located outside the proposed development or plat."
PASSED and APPROVED this 201h day of January, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Fayetteville Code of Ordinances
(11) Other requirements. (12) Easement plat.
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Any other data or Prior to the issuance
reports as deemed of a building permit
necessary for project for a large scale
review by the Zoning X X X X X X development, an
and Development easement plat shall
Administrator, City be filed of record in X
Engineer or Planning the office of the
Commission. circuit clerk
Signature block to dedicating all
cedify approval of required easements
streets, drainage and X and ri hts-of-wa .
utility easements
Signature block to (C) Signatures required. The final plat or concurrent
certify approval of X plat may be signed by any officer of the Planning
water and sewer Commission.
system.
Signature block to
certify approval of (D) Number of plats. The Zoning and Development
building setback X Administrator may request additional copies of
dimensions. plats if the amount required by this chapter is not
Signature block sufficient for distribution to the various committee
certifying approval X X X members,
for recording.
Signature block (Code 1965, App. C., Art. II, §§ F--H; Ord. No. 2581 . 12-4-
certifying approval of X 79; Code 1991, §§ 159.16--159. 18; Ord. No. 4100, § 2 (Ex.
Tree Preservation A), 6-16-98)
and Protection.
Signature block 166.03 Required On-Site Improvements —
certifying approval of
park land dedication X X Subdivisions In City Limits
or money in lieu. Before the Planning Commission may grant final plat
Signature block approval for a subdivision inside the city limits, the
certifying approval of X subdivider shall have installed, or shall have a
-utility easements. guarantee in lieu of installation, either at his expense
Signature block or in accordance with the existing policy of the City,
certifying ownership, X X the following improvements:
title and dedication.
Signature block (A) Monuments. Reinforced concrete monuments 4
certifying survey and % % comers
x 4 inches x 30 inches at quarter section
accuracy.
mers and subdivision corners.
(B) Lot stakes. Metal stakes K inche x 30 inches at
all lot corners, points of tangency, points of
curvature and angles in property lines or
easements.
(C) Streets. Street grading, base, and paving
according to existing city standards and
specifications as adopted by the City Council.
(D) Curbs and gutters. Curbs and gutters according
to existing city standards and specifications as
adopted by the City Council.
(E) Sidewalks. Sidewalks shall be installed,
according to existing city standards and
specifications as adopted by the City Council and
CD166:12
TITLE XV UNIFIED DEVELOPMENT CODE
shall be set four feet back from the curb where no lot is more than 400 feet from a fire
practicable. The construction of all sidewalks hydrant. Fire hydrants for apartment
shall be inspected by the City Engineer or his complexes, commercial structures, and
designee to ensure compliance with city industrial structures shall be installed so that
specifications. The developer shall guarantee the distance between two consecutive fire
the sidewalk installation according to §158.01 . hydrants does not exceed 600 feet:
provided, the fire chief shall have the
(F) Storm drainage system. authority to require additional fire hydrants
upon a determination that such additional fire
(1 ) The subdivider shall install storm drainage hydrants are necessary to provide adequate
facilities. including drains, sewers, catch fire protection. The fire chief shall develop
basins, and culverts necessary for the proper written criteria to be applied in determining
drainage of all surface water. whether additional fire hydrants shall be
required.
(2) All drainage facilities shall be so designed to
serve the entire drainage area. (1) Sanitary sewer system.
(3) All surface water drainage shall be (1 ) Public sanitary sewer accessible. Where a
transported to existing storm sewers, public sanitary sewer is reasonably
drainage facilities, or natural drainage accessible, the subdivider shall connect with
ditches approved by the City Engineer, such sewer, and each lot within the
subdivision shall be provided with a
(4) The City Engineer shall approve all drainage connection thereto. All connections shall be
features. subject to the approval of the City Engineer.
Individual service lines shall be installed, and
(G) Culverts and bridges. Culverts and bridges shall individual connections shall be made prior to
be installed where needed in accordance with the paving of the street, if possible.
existing State Highway Department standards
and specifications. (2) Public sanitary sewer not accessible. Where
a subdivision is proposed so that each lot
(H) Water supply. has a minimum gross area of one and one-
half acres, an individual sewage disposal
(1 ) Accessible public water supply. When an system for each lot may be used: for lots
approved public water supply is reasonably having a gross area of less than one and
accessible, the subdivider shall install a one-half acres, an individual sewage
system of water mains and shall connect to disposal system may be used for each
such supply so that each lot within the - individual lot when a permit for a septic
subdivision shall be provided with a system is granted by the Arkansas
connection to said public water supply. All Department of Health. A copy of the
connections shall be approved by the City Arkansas Department of Health permit
Engineer. Individual service lines shall be granted for each lot shall be provided at the
installed, and individual connections shall be time the application is submitted for
made prior to the paving of the street, if subdivision or lot split approval for all lots
possible. less than one and one-half acres. Existing
septic systems, sewage disposal fields
(2) Nonaccessible public water supply. Where ()each fields), alternate disposal fields
an approved public water supply is not required by state law and water wells on-site
reasonably accessible, any private water or off-site within 100 feet shall be shown on
supply system proposed by the subdivider all proposed subdivisions and lot splits.
must be approved by the county sanitarian
and the City Engineer in order to assure that (3) Community sewage systems. The
the private water supply system will provide construction of community sewage systems
an adequate supply of potable water to every or decentralized sewer systems shall be
lot in the subdivision. Individual service lines prohibited within the City unless expressly
shall be installed and individual connections permitted by resolution of the City Council.
shall be made prior to the paving of the
street, if possible. (4) Annexation of community sewage systems.
Where a community sewage system is
(3) Fire hydrants. Fire hydrants for single-family annexed into the City, then the following
dwellings and duplexes shall be installed so shall apply:
that the distance between two consecutive
fire hydrants does not exceed 800 feet, and
C0166: 13
Fayetteville Code of Ordinances
(a) Unconstructed systems. The Board shall make a joint
wastewater system shall be designed recommendation to the Planning
such that the entire collection system is Commission as to the land dedication or
a traditional-style gravity sewer system contribution in lieu of dedication. In the
that carries all wastewater flow to event that they are unable to agree, the
centralized treatment facilities and shall developer and advisory board shall
meet City standards for design make separate recommendations to the
construction. The system must also be Planning Commission who shall
designed such that there is one single determine the issue.
point of connection from which a future
gravity connection can be made to the (d) Decision. If the developer proposes to
City sanitary sewer system when the dedicate land for a public park after
latter becomes available. This consultation with the Parks and
connection shall be made at the Recreation Advisory Board which the
expense of the owner of the Planning Commission determines is
decentralized wastewater system. suitable for park purposes, the proposed
dedication shall be accepted. Upon
(b) Constructed systems. Systems consent and consultation with the
constructed prior to annexation into the developer and the Parks and Recreation
City must tie to the City sanitary sewer Advisory Board, a developer may
system when a City sanitary sewer main dedicate a portion of the required park
is constructed within 300 feet of the land dedication and make a contribution
community sewage system and such of money in lieu of land dedication for
main is reasonably available to the the remaining park land dedication
community sewage system. This requirement. With consent of the Parks
connection shall be made at the and Recreation Advisory Board, this
expense of the owner of the monetary contribution may be used to
decentralized wastewater system, develop the park land in the
development or elsewhere within the
State law reference(s)-"Arkansas Sewage Disposal quadrant consistent with the Fayetteville
Systems Acl.' A.C.A. §14-236-101 at seq. Parks and Recreation Plan.
(J) Streetlights shall be installed at each intersection (e) Approval. The Planning Commission's
or cul-de-sac and along each side of the street or decision must be incorporated into the
cul-de-sac at intervals of no more than 300 feet. developer's preliminary plat or large
(K) Park land dedication. scale development plan prior to plat or
plan approval.
(1) Subdivision.
(f) Dedication ratios. Land shall be
(a) Dedication or fee-in-lieu. When a dedicated at a ratio of .024 acre of land
proposed subdivision does not provide for each single-family dwelling unit and
an area or areas for a public park based .017 acre of land for each multi-family
on the Fayetteville Parks and dwelling unit.
Recreation Plan, the developer shall be
required to make a reasonable (g) Fee-in-lieu formulas. A contribution in
dedication of land for public park lieu of land dedication shall be made
facilities, or to make a reasonable according to the following formula:
equivalent contribution in lieu of
dedication of land, such contribution to $960.00 for each single-family unit
be used for the acquisition and $680.00 for each multi-family unit
development of park land that serves based upon actual density.
the subdivision or development,
The Parks Department shall review the
(b) Parks and Recreation Advisory Board. contribution formula every two (2) years
Prior to the submittal of a preliminary and make recommendations to the City
plat or large scale development plan, Council following such review.
the developer shall submit to the Parks
and Recreation Advisory Board a (h) Dedication in excess. If a developer
concept plat or plan. wishes to dedicate park land which
exceeds the requirement of this
(c) Planning Commission. The developer subsection, the developer shall make a
and the Parks and Recreation Advisory written request to the Planning
CD166:14
TITLE XV UNIFIED DEVELOPMENT CODE
Commission who may grant the contribution in lieu of dedication has been
developer a credit equivalent to said made. If said money has not been
excess. Said credit shall be applied expended within the three-year period, said ���
toward the developer's obligation under money, together with the interest thereon,
this subsection for any subsequent shall be refunded to the developer who
development located in the same park made the contribution.
quadrant. /L
(Code 1965, App. C., Art. III, §A( 1); Ord. No, 2695. 1-20-81; C
(2) Timing of dedication andlor contribution. All Ord. No. 3080, 4-2-85: Ord. No. 3201 , 8-5-86: Ord. No.
dedications of land must be made before 3315, 11-17-87; Code 1991 . §§159.05, 159.30k.: Ord. No,
final plat approval or large scale 3578, 11-19-91 ; Ord. No. 3615, §1 , 6-2-92; Ord. No. 3738, �, •
development approval. A final plat shall not §1, 11-16-93; Ord. No. 3793, §1 , 5-17-94; Ord. No. 3797, §1 ,
5-17-94; Ord. No. 4068, §7 , 11-4-97; Ord. No. 4100, §2 (Ex.
be released for recordation until the deed for A), 6-16-98; Ord, No. 4199, 11-2-99: Ord. No.4454, 01-07-
a land dedication is received. Deeded land 03; Ord. No. 4545, 02-17-04; Ord. 4725, 7-19-05; Ord. 4864,
is dedicated public park land and not subject 05-02-06; Ord. 5152, 7-15-08)
to any right of reversion or refund. A cash
contribution in lieu of required land Cross reference(s)--Variance, Ch. 156; Appeals, Ch.
development shall be payable within 30 days 155: Bonds and Guarantees. Ch. 15B.
of final plat approval or large scale
development approval. With the approval of 166.04 Required On-Site Improvements —
the Planning Commission a developer may Subdivisions In Planning Area
pay such contribution in three equal
installments to be paid in full within one year (A) Requirements. Before the Planning Commission
of final plat approval. If a developer makes a may grant final plat approval for a subdivision
cash contribution in lieu of land dedication, located within the city's designated planning
the developer shall be entitled to a pro rata area, the subdivider shall have installed, or shall
refund, together with the accrued interest have made a guarantee of in lieu of installation,
therefrom, in the event actual density is less as provided by Chapter 158, either at his
than the density used as the basis for the expense or in accordance with the existing policy
developer's contribution; provided, no refund of the city, the following improvements:
shall be made unless application therefore is
made in writing to the Zoning and (1 ) Monuments. Reinforced concrete
Development Administrator within one year monuments 4 inches x 4 inches x 30 inches
from the date of final plat approval. In the at quarter section corners and subdivision
event actual density is more than the density corners.
used as the basis for a dedication of land or
case contribution the developer must make (2) Lot stakes. Metal stakes 112 inch x 30
an additional land dedication or contribution inches at all lot corners, points of tangency,
in lieu of dedication, points of curvature and angles in property
lines or easements.
(3) Applicability. The requirements of this
subsection shall apply to lot splits, replats of (3) Streets.
subdivisions and large scale developments;
provided, said requirements shall not apply (a) Within One Mile of City Limits. Street
to a lot split or replat which does not create grading, base, and paving according to
one or more vacant lots on which a structure existing city standards and
could be erected under the city's zoning specifications as adopted by the City
regulations. Council.
(4) Zoning Requirements. Lots created for the (b) Beyond One Mile of City Limits. Streets
purpose of park land dedication shall not be shall meet Washington County
required to meet the standards for lot size, Standards.
bulk and area within any zoning district.
(4) Curbs and gutters.
(5) Fee-in-lieu allocation. All money received
under this subsection shall be deposited in (a) Within One Mile of City Limits. Curbs and
an interest bearing account. Said money gutters according to existing city
together with the interest, shall be expended standards and specifications as adopted
within three calendar years of the last date of by the City Council.
the calendar year in which it was received for
the acquisition and development of park land
that services the subdivision for which a
C0166: 15
Fayetteville Code of Ordinances
(b) Beyond One Mile of City Limits. Curbs
and individual connections shall be
and gutters shall meet Washington
made prior to the paving of the street, if
County Standards.
possible.
(5)
Sidewalks. Sidewalks shall be installed,
(b) Nonaccessible public water supply.
within one mile of City Limits, according to
Where an approved public water supply
existing city standards and specifications as
is not reasonably accessible, any private
adopted by the City Council. The
water supply system proposed by the
construction of all sidewalks shall be
subdivider must be approved by the
inspected by the City Engineer or his
county sanitarian and the City Engineer
designee to ensure compliance with city
in order to assure that the private wafer
specifications. The developer shall
supply system will provide an adequate
guarantee the sidewalk installation according
supply of potable water to every lot in
to §158.01.
the subdivision. Individual service lines
shall be installed, and individual
(6)
Streetlights. Standard 8,000 lumen
connections shall be made prior to the
streetlights shall be installed at each
paving of the street, if possible.
intersection or cul-de-sac and along one side
of each street or cul-de-sac within one mile
(10) Sanitary sewer system.
of the City Limits al intervals of no more than
300 feet; provided, streetlights of higher
(a) Public sanitary sewer accessible.
intensity may be required at intersections
Where a public sanitary sewer is
with collector streets or arterial streets.
reasonably accessible, the subdivider
shall connect with such sewer, and each
(7)
Grading and storm drainage system.
lot within the subdivision shall be
provided with a connection thereto. All
(a) The subdivider shall install storm
connections shall be subject to the
drainage facilities, including drains,
approval of the City Engineer. Individual
sewers, catch basins, and culverts
service lines shall be installed, and
necessary for the proper drainage of all
individual connections shall be made
surface water,
prior to the paving of the street if
possible.
(b) All drainage facilities shall be so
designed to serve the entire drainage
(b) Public sanitary sewer not accessible.
area.
Where a subdivision is proposed so that
each lot has a minimum gross area of
(c) All surface water drainage shall be
one and one-half acres, an individual
transported to existing storm sewers,
sewage disposal system for each lot
drainage facilities, or natural drainage
may be used: for lots having a gross
ditches approved by the City engineer.
area of less than one and one-half
acres, an individual sewage disposal
(d) The City Engineer shall approve all
system may be used for each individual
drainage features,
lot when a permit for a septic system is
granted by the Arkansas Department of
(8)
Culverts and bridges. Culverts and bridges
Health. A copy of the Arkansas
shall be installed where needed in
Department of Health permit gran fed for
accordance with existing Arkansas State
each lot shall be provided at the time the
Highway Department standards and
- application is submitted for subdivision
specifications,
or lot split approval for all lots less than
- one and one-half acres. Existing septic
(9)
Water supply.
systems, sewage disposal fields (leach
fields), alternate disposal fields required
(a) Accessible public water supply. When
- by state law and water wells on -site or
an approved public water supply is
off -site within 100 feet shall be shown
reasonably accessible, the subdivider
on all proposed subdivisions and lot
shall install a system of water mains and
splits.
shall connect to such supply so that
each lot within the subdivision shall be
(Code 1965. App. C.. Art. III. § A(2), (3); Ord. No. 1979. 2 -5 -
provided with a connection to said public
74; Ord. No. 2353. 7-5-77: Ord. No. 2755, 9-1-81: Code
water supply. All connections shall be
1991, §§ 159.31, 159.32; Ord. No. 4100. § 2 (Ex. A). 6.16-
approved by the City Engineer.
98; Ord. No. 4263, 8-1-00; Ord, 4660, 12-21-04; Ord. 5152,
Individual service lines shall be installed,
7-15-08)
CD166:16
TITLE XV UNIFIED DEVELOPMENT CODE
Cross reference(s)--Bonds and Guarantees. Ch. 158.
streets, driveways, curb cuts,
community facilities, pedestrian ways,
166.05 Large Scale Development (LSD)
and open spaces.
(3)
Legal description. A correct legal description
(A)
Requirement. The development of the following
of the property located within the large scale
must be processed in accordance with the
development, and a correct legal description.
requirements for a large scale development:
certified by an abstractor or surveyor, of
street right-of-way dedications and vacations
(1) a lot or parcel larger than one acre;
and utility and drainage easements.
(2) a lot or parcel in the Design Overlay District;
(4)
Vicinity map. The vicinity map shall depict
the following:
(3) a Planned Zoning District; or
(a) The location and name of any street
(4) facilities emitting odors or handling
which abuts or intersects the large scale
explosives,
development; and, .
(B)
Review and approval. Al! large scale
(b) The location and name of any other
developments, not hereinafter excluded, must be
street, building or landmark necessary
reviewed by the Plat Review Committee and the
to clearly indicate the location of the
Subdivision Committee and must be approved by
large scale development.
the Planning Commission, after having afforded
the opportunity for public comment, before a
(5)
Preliminary street and drainage plans.
building permit may be issued. Approval by the
(Required only where the developer
City Council shall not be required unless an
proposes new streets or an alteration in the
appeal is taken and heard, except Planned
existing street plan.) Submit to the Zoning
Zoning Districts.
and Development Administrator for review by
the Plat Review Committee preliminary
(C)
Building permit. Before a building permit for a
street and drainage plans, showing
large scale development may be issued, the
alignment of streets and direction of flow of
developer shall:
storm and sanitary sewers in relation to
topography. Where an official street and
(1) Development plan. Submit a development
drainage plan exists, it shall be submitted for
plan to the Zoning and Development
purposes of comparison.
Administrator for review by the Plal Review
Committee. The development plan shall
(6)
Dedication of right-of-way. Dedicate
consist of a black line site location map
sufficient right-of-way to bring those streets
drawn to scale and not to exceed 14 inches
which the Master Street Plan shows to abut
by 18 inches, and an accurate black line
or intersect the large scale development or
vicinity map not to exceed 14 inches by 18
preliminary plat into conformance with the
inches. The vicinity map need not be drawn
right-of-way requirements of the Master
to scale.
Street Plan for said streets; provided, the
Planning Commission may recommend a
(2) Site location map. The site location map
lesser dedication in the event of undue
shall depict the following:
hardship or practical difficulties. Such lesser
dedication shall be subject to approval by the
(a) The size and shape of the property on
City Council.
which the development is to be located.
(b) The location, size and arrangement of
existing buildings, signs, outdoor
advertising, and other improvements,
water courses, ponds and streams, and
any other distinctive or unusual features
that will remain after the development is
completed.
(c) The location, size and arrangement of
proposed buildings or additions, parking
and loading areas, and the type of
surfacing proposed for such areas,
CD166:17
(7) Miscellaneous requirements for both large
scale developments and preliminary plats.
(a) Comply with those requirements of
166.01 through 166.04 of the
development regulations pertaining to
streets, surface drainage system, water
system, sanitary sewer systems: and, if
the development is housing, said
requirements pertaining to public parks;
and install a sidewalk adjacent to all
abutting streets or highways in
I
Fayetteville Code of Ordinances
accordance with city specifications for
sidewalk construction.
(vi) The developer refused to comply
with subsection (7) (b) and (c)
(b)
The developer may be required to install
pertaining to required on -site and
off -site improvements, where the need
off -site improvements.
r such improvements is created in
P,
by the d
whole in part by the proposed large
(D) Certificate of occupancy. No certificate of
._4
scale development or preliminary plat,
occupancy shall be issued until the
For purposes of this section, an off -site
improvements required by subsection (7)(a), (b),
improvements shall mean all or any part
and (c) are installed to city specifications.
of, a street, surface drainage system,
water system, or sanitary sewer system,
(E) Completion of development/as building plot plan.
which is to be installed on property
Upon complelion of the development, the
located outside the proposed large scale
developer shall file with the Zoning and
development or preliminary plat.
Development Administrator an "as built" plot plan
for the large scale development showing:
(c)
Any required off -side improvements shall
be installed according to city standards.
(1) The location of all buildings and the setback
The developer shall be required to bear
distance for said buildings from street right -
that portion of the cost of off -site
of -way and adjoining property lines:
improvements which bears a rational
nexus to the needs created by the large
(2) The location of any freestanding signs and
scale development or preliminary plat.
the setback distance of said signs from
street right-of-way and adjoining property
(d)
The Subdivision Committee or Planning
lines;
Commission may refuse to approve a
large scale development or preliminary
(3) The location, number, dimensions, and
plat for any of the following reasons:
surfacing of all parking spaces and of all
screens or fences; and
(i) The preliminary plat or development
plan is not submitted in accordance
(4) The location and size of all water, sewer,
with the requirements of this
gas, electric, telephone, and television cable
chapter.
lines.
(ii) The proposed development would
(F) Modifications.
violate a city ordinance, a state
statute, or a federal statute.
(1) Minor modifications. The Zoning and
Development Administrator may authorize
(iii) The developer refuses to dedicate
minor modifications in an approved large
the street right-of-way, utility
scale development. Minor modifications shall
easements or drainage easements
include, but not be limited to, substitutions of
required by this chapter.
one approved structural type for another or
minor variations in placement of buildings in
(iv) The proposed development would
such a way that the overall limits of approved
create or compound a dangerous
floor area, open space or rooms per acre are
traffic condition. For the purpose of
not increased.
this section, a dangerous traffic
condition shall be construed to
(2) Major modifications. In the event that a
mean a traffic condition in which the
developer wishes to make major
risk of accidents involving motor
modifications to an approved development,
vehicles is significant due to factors
such modifications shall be submitted to the
such as, but not limited to, high
Subdivisions Committee in a form which
traffic volume, topography, or the
compares the approved submission with the
nature of the traffic pattern,
desired changes. After submission, the
Subdivision Committee shall approve or
(v) City water and sewer is not readily
disapprove the requested modifications at its
available to the property within the
next meeting.
large scale development or
preliminary plat and the developer
(G) Excluded developments. The following large
has made no provision for
scale developments shall be excluded from the
extending such service to the
requirements of this section.
development.
CD166:18
Page! of 1
Clarice Pearman - Ord. 5212, 5214 & 5215
From:
Clarice Pearman
To:
Williams, Kit
Date:
1.23.09 3:06 PM
Subject:
Ord. 5212, 5214 & 5215
CC:
Audit; Langehennig, Sherrie
Attachments:
Audit; Langehennig, Sherrie
Kit:
Attached are copies of the following ordinances:
1.
5212
regarding
the vacation & sick leave of elected city officials
2.
5214
regarding
the compensation freeze for elected city officials
3.
5215
amending
166.03 and 166.05 of the UDC
If there is anything else needed for these items please let me know. Have a good weekend.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC, CAMC
City Clerk/Treasurer Division
479-575-8309
cpearrnan@ci.fayetteville.ar.us
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\4979DD0AF... 1.23.09