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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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
