Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 110-111. Installation or improvement of sidewalks, curb and gutter, street paving or widening, drainage improvements.

(a) Whenever any lot, tract or parcel of land is developed by any person or entity, whether or not a structure is to be built thereon, the city, in accordance with the master street plan, the comprehensive land use plan, and this chapter, may require the owner of the property being developed to install or construct sidewalks, curb and gutter, pave or widen the existing street, or install or construct drainage facilities, in accordance with all applicable regulations herein affecting construction of those specific improvements, on or along such owner's property or the existing rights-of-way abutting such property.

(b) For purposes of this section, "develop" and "development" shall be defined as the commencement of construction of any visible improvements of any kind upon any previously undeveloped parcel of land.

(c) If the property owner shall fail or refuse to comply with the provisions thereof, in the manner and within the time therein prescribed, the city may contract with some suitable person for the construction, reconstruction or repair of such improvements, on the best terms that can be made and in the manner prescribed herein, after giving reasonable notice to the owner or the agent in charge of the property of an intention to do so.

(d) The city may pay any person so hired to construct, reconstruct or improve such improvements, and the amount so paid to such person by the city, together with six percent penalty added thereof, shall constitute a charge against the owner of the property and shall be a lien on the property from the date of the commencement of the work with the charge and lien to be enforced and collected by the city as provided by state law.

(e) In instances where strict enforcement of such requirements would cause undue hardship due to circumstances unique to the individual property under consideration, and the granting of a variance is demonstrated to be within the spirit and intent of the provisions of this chapter, the planning commission may grant requests for variances of any requirements of this chapter, either by modifying or waiving such requirements to the extent deemed just and proper so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public interest.

(f) Following notification of the requirement of installation of certain improvements by the planning and community development director or his/her designated representative, a property owner aggrieved by the planning and community development director or his/her designated representative's decision may appeal such action to the planning commission, provided that the appellant states specifically in writing to the planning and community development director or his/her designated representative why he considers the findings and decision are in error. Such appeal shall be filed with the city clerk within 30 days from the date of the planning and community development director or his/her designated representative written notice of decision, and shall be scheduled for review at the next regular meeting of the planning commission, at which time the decision may be affirmed, reversed or modified at the discretion of the planning commission.

(g) Any person failing to comply with the provisions of this chapter shall be deemed to have violated this chapter, and shall be subject to the provisions and procedures set forth in section 1-9 of this Code.

(Ord. No. 3258, § 1, 11-12-02)

State law reference(s)--Authority to require developer to install improvements, A.C.A. § 14-56-117(b)(1)(c); enforcement of such ordinances and regulations, A.C.A. § 14-56-421; authority to pay for improvements and impose liens on property, A.C.A. § 14-301-106.

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