Sec. 112-1. General provisions.
(a) Purpose. The purpose of these regulations is to set forth the procedures, requirements and minimum standards governing the subdivision of land under the jurisdiction of the Springdale Planning Commission (hereinafter referred to as the "planning commission").
(b) Authority. These subdivision regulations are adopted in accordance with the authority granted by Act 186 of the 1957 General Assembly of the State of Arkansas.
(c) Jurisdiction. The territorial jurisdiction of these regulations includes the land within the corporate limits of the City of Springdale and the surrounding area within five miles of those corporate limits except as designated on the Planning Area Map as adopted by the planning commission.
| General | Preliminary Plat | Final Plat | Informal Plat | Engineer's Plans | As-Builts |
| Parcel number. | X | X | X | ||
| Copy of a file stamped warranty deed. | X | X | |||
| Name and address of owner, developer, engineer, surveyor and person preparing the plat. | X | X | X | X | |
| Subdivision name (Unique and non-duplicating). | X | X | X | X | X |
| Date, graphic scale, north arrow, vicinity map, acreage | X | X | X | X | X |
| Flood zone statement, zoning, surveyor's certification, stamp, and signature. | X | X | X | ||
| Location and description of all stakes and monuments. | X | X | X | X | |
| Legal description of the property with dimensions and angles sufficient to locate all lines on the ground. Lots and blocks shall be identified, boundaries shall be shown by distance and property shall be located by section, range, and township and by corporate limits. | X | X | X | X | |
| Existing Conditions | |||||
| Original topography at five-foot contour intervals where grades are over ten percent and two-foot contour intervals where grades are less than ten percent. | X | X | X | ||
| Location and names of existing or platted streets and utility easements within or abutting the plat. | X | X | X | X | X |
| Location of all prominent physical features such as buildings, railroads, parks, creeks, ponds, and public spaces. | X | X | X | X | X |
| Names of adjacent subdivisions and names and addresses of owners of adjacent property. | X | X | |||
| Location and size of utility lines, watercourses, bridges, culverts, lakes, floodplains, wooded areas and underground installations within or adjacent to the plat. | X | X | X | ||
| Proposals | |||||
| Preliminary drainage plan. | X | ||||
| Final drainage plan. | X | ||||
| Location and dimension of all proposed lot lines, lot and block numbers, building lines, street lines, easements, dedications, and reservations. | X | X | X | X | X |
| Radial and linear dimensions including angles, bearings and distances sufficient to reproduce the plat on the ground. | X | X | |||
| Location and size of utilities and drainage systems. | X | X | X | X | |
| Location and size of any property to be dedicated or reserved with special conditions for special uses. | X | X | X | ||
| Supplemental information | |||||
| Vicinity map to show the relation of the plat to streets and other information requested by the planning commission. | X | X | X | X | |
| Digital copy | X | X | X | X | X |
| Plans of street and utility lines with profiles. | X | X | |||
| Location and size of all street islands, including all plantings and improvements, platted as common open space, and property owners' association agreement. | X | X | X | X | X |
| Transmittal, ownership, and ordinance statement | X | ||||
| Signatures of owners | X | ||||
| Certificates of acceptance statement and signature spaces | X | ||||
| Corporation resolution and appropriate signature blanks if the owner is a corporation | X |
(Code 1973, § 30-3; Ord. No. 2736, § 1, 4-22-97; Ord. No. 3011, § 1, 9-12-00; Ord. No. 3190, § 1, 3-12-02; Ord. No. 3198, § 3, 4-9-02; Ord. No. 3851, § 1, 3-14-06)
Sec. 112-4. Required improvements.
Two sets of required improvements are listed below. The requirements listed in (A) shall be installed in urban developments with lots smaller than 100 feet wide 10,500 square feet in area that are served by community sewer and water facilities. The requirements listed under (B) may be installed in estate subdivisions with lots 100 feet wide and 10,500 square feet in area or larger that are on either individual sewer and/or individual water systems. All improvements shall be installed according to the standards specified by the city and approved by the planning and community development director or his/her designated representative.
| Urban (A) | Estate (B) | |
| Reinforced concrete monuments 4" | X | X |
| Metal stakes 1/2" | X | X |
| Street grading and base | X | X |
| Stabilized shoulders at least four feet wide and a sodded drainage swale at least five feet wide and 12 inches deep with a slope of three to one on the street side and at least two to one on the other side | X | |
| Curb and gutter | X | |
| Street paving | X | X |
| Sidewalks on both sides of the street | X | X |
| Surface drainage. An adequate drainage system shall be provided for the proper drainage of all surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of sufficient length to permit full width roadways and the required natural slopes. The opening size of cross drains shall be determined by the planning and community development director or his/her designated representative using accepted methods and records available. Changes in natural drainage courses must be approved by the planning and community development director or his/her designated representative | X | X |
| Culverts and bridges | X | X |
| Water supply and sanitary sewer system: | ||
| City--System shall be built according to plans and specifications prepared by a licensed engineer and approved by the state board of health | X | |
| Private--System shall be approved by the county sanitarian | X | |
| Individual service lines--Must be made before the installation of streets, and under-the-street crossings must be made before the installation of curbs and gutters | X | X |
| Street name signs | X | X |
Streetlights -- The most energy efficient streetlights provided by the electric utility at the time of installation, or as directed by the planning and community development director or his/her designated representative, shall be installed at each intersection and along the street at intervals of 300 to 350 feet as measured along the centerline of the street.
The minimum initial rating of the streetlamp shall be based upon the classification of the street along which the streetlight is located, or in the case of intersections, the highest street classification in accordance with the following, or as directed by the planning and community development director or his/her designated representative.
| Street Classification | Lumens (Minimum Initial Rating) |
| Local | 6,800 |
| Collector | 11,000 |
| Arterial | 20,000 |
Alternate fixture designs may be approved by the planning and community development director or his/her designated representative on a case by case basis. If the fixtures installed are not the standard fixtures furnished by the electric utility, a property owners association in the case of subdivisions, or the property owner in case of large scale developments, shall be responsible for all costs of continuing maintenance thereof.
Streets, drainage facilities, sidewalks, curb and gutter. In connection with subdivision approval, the city in accordance with the master street plan and/or Chapter 110 of the Springdale Code of Ordinances shall require the subdivider to dedicate right-of-way when such right-of-way is needed to conform with the city's master street plan, construct sidewalks, curb and gutter, pave, widen an existing street, and install or construct drainage facilities in accordance with all applicable regulations affecting construction of those improvements, on, along or through such owner's property and/or the existing rights-of-way abutting such property.
Building lines shall be established to conform with the master street plan.
(Code 1973, § 30-4; Ord. No. 2469, 4-9-96; Ord. No. 2736, § 2, 4-22-97; Ord. No. 2785, §§ 1--6, 11-25-97; Ord. No. 3011, § 1, 9-12-00)
Sec. 112-4.1. Required off-site improvements.
(a) Generally. The developer shall be required to install off-site improvements, where the need for such improvements are created in whole or in part by the proposed development. For purposes of this section, an off-site improvement shall mean any improvement listed in section 112-4 of these regulations, but which is to be installed on property located outside the proposed development.
Any required off-site improvements shall be installed according to city standards; provided off-site improvements to roads located outside the city's corporate limits but within the city's planning area shall be installed to county standards, with the exception that roads adjacent to the city's corporate limits shall be installed to city standards. The developer shall be required to bear that portion of the cost of off-site improvements which bears a rational connection to the needs created by the development.
At the time the planning commission grants preliminary plat approval, the planning commission shall determine whether the proposed development creates a need for off-site improvements and the portion of the cost of any needed off-site improvements which the developer shall be required to bear; provided, that portion of the cost of off-site improvements to roads located outside the city's corporate limits but within the city's planning area shall be determined by the county. In determining that portion of the cost of off-site improvements which the developer shall be required to bear, the planning commission shall consider the acreage within the proposed development as a percentage of all the acreage which, when fully developed, will benefit from the off-site improvements; provided, the planning commission may use a different method of measurement if it determines that use of the acreage standard will not result in the developer bearing the portion of the cost which bears a rational connection to the needs created by the development.
(b) Delayed improvements. If the planning commission determines that a needed off-site improvement should not or cannot be built until future development occurs, the developer shall pay to the city an amount determined by the planning commission in accordance with the standards prescribed in paragraph (a) above to be the developer's proportionate share of the cost of said off-site improvements as of the date of final plat approval; provided, the developer may, with approval of the city council, guarantee payment of said amount so determined by executing a bill of assurance or surety performance bond as determined by the city council, in a form approved by the city attorney; said bill of assurance shall be filed of record and shall be a covenant running with the land; said bill assurance, or surety performance bond, shall provide for payment of interest on said amount at the maximum legal rate, and shall obligate the landowner to pay to the city the amount so determined by the planning commission within ten days from receipt of written notice from the city. The city shall deposit said money into an interest-bearing escrow account until such time as the off-site improvement is constructed. If the off-site improvement is not constructed within five years from the date of the first payment into the escrow account or guarantee of this payment by a bill of assurance or surety performance bond by a developer, the planning commission shall hold a public hearing after notification to all affected property owners. Following the public hearing, the planning commission may:
(1) Determine that the off-site improvement is still necessary and feasible and can be built within a reasonable time; in which case, the escrow account or guarantee shall be continued for a period specified by the planning commission; or
(2) Determine that the off-site improvement is not necessary, or will not be feasible, or that insufficient development has occurred to render the improvement likely in the foreseeable future; in which case, the planning commission shall recommend that the city distribute such funds as follows:
a. Refund the money in the escrow account, with accumulated interest, to the existing property owner(s) on a pro rata basis; or
b. Release the developer(s) and/or property owner(s) from the obligation to provide a guarantee by a bill of assurance or surety performance bond in lieu of payment into the escrow account.
(c) Determining necessity for off-site improvements.
(1) When a proposed development has access to paved streets or roads only by way of substandard or unimproved roads or street leading from the development to the paved streets or roads, the developer shall be responsible for contributing his proportionate share of the cost of improving the substandard access roads or streets to existing city or county standards. The developer's proportionate share of said costs shall be determined by the planning commission in accordance with the provisions of paragraph (a) above.
(2) When a proposed development has direct access to, or fronts on, an existing road or street which is below current standards, the developer shall be responsible for contributing his proportionate share of the cost of improving said street or road to existing city or county standards. The planning commission shall determine the developer's proportionate share of said costs in accordance with the provisions of paragraph (a) above.
(3) Off-site drainage improvements shall be required whenever a proposed development causes the need for such improvements in accordance with section 106-6 of the Code of Ordinances.
(Code 1973, § 30-4.1; Ord. No. 3435, § 1, 1-13-04)
Sec. 112-5. Optional improvements.
Generally, developers may install improvements on the property being developed beyond those required by this Code at their option, so long as such do not conflict with any requirements of this Code or any local, state or federal regulations, and are approved by the planning commission. The city encourages greenspace and open space and efforts to plant and beautify such space; however, the city is not responsible for maintaining such greenspace or open space. The city requires that all such open space or greenspace be platted as common open space, and that the developer provide to the city, at the time of preliminary plat submission:
(1) A plan of the proposed greenspace or open space including all proposed signs, plantings and improvements; and
(2) A proposed property owners' association agreement governing financial and physical maintenance of any such common open space.
The planning commission may approve such plans on a case-by-case basis and shall have the power to require modifications to the property owners' association agreement. Any signs located in such open space shall be maintained as a part of the common open space for which the property owners' association will be permanently responsible. A copy of the final property owners' association agreement is required to be submitted with the final plat for approval by the city attorney.
| Design Standards: | Ordinary | Hilly |
| Approach speed.... | 25 mph | 20 mph |
| Sight distance.... | 90 ft. | 70 ft. |
| Maximum grades within 100 feet of intersection.... | 4% | 4% |
| Minimum angle.... | 75° | 75° |
| Minimum property line radius at street intersections: | ||
| Minor street.... | 25 ft. | 25 ft. |
| Collector street.... | 50 ft. | 50 ft. |
| Minimum curb radius: | ||
| Minor street.... | 25 ft. | 25 ft. |
| Collector street.... | 50 ft. | 50 ft. |
| Design Standards: | Ordinary (in feet) | Hilly (in feet) |
| Minimum jobs: | ||
| Minor street.... | 150 | 150 |
| Collector street.... | 200 | 209 |
(5) Residential blocks:
a. Width: Blocks shall be two tiers of lots wide, except where topography, highways, railroads, utility lines or other physical features will not permit it.
b. Length: Blocks shall be at least 400 feet long, but no longer than 1,400 feet.
(6) Easements: Easements at least 20 feet wide shall be centered along rear lot lines and along side lot lines where needed to provide for utility lines and surface drainage. The planning commission may require larger easements for major utility lines, unusual terrain or drainage problems.
(7) Residential lots: The use and design of lots shall conform to the provisions of the zoning ordinance where zoning is in effect. Where no zoning applies the following standards shall apply:
a. Minimum standards:
| Urban | Rural | Mobile Home Parks | |
| Area | 8,000 sq. ft. | 10,500 sq. ft. | 3 acres |
| Width | 70 ft. | 100 ft. | 100 ft. |
| Front yard | 25 ft. | 25 ft. | 25 ft. |
| Side yard | 10 ft. | 10 ft. | 20 ft. |
| Rear yard | 20 ft. | 20 ft. | 20 ft. |
b. Size and shape: The size and shape of the lots shall not be required to conform to any stipulated pattern but, insofar as practicable, side lot lines shall be at right angles to straight street lines or radial to curved street lines. When a tract of land is subdivided into larger than normal lots, such lots shall be arranged so as to permit the logical location and opening of future streets and the appropriate resubdivision of the lots, with provision for adequate utility connections for such resubdivision.
(Code 1973, § 30-7)
| General | |
| 1 | Parcel number. |
| 2 | Copy of a file stamped warranty deed. |
| 3 | Name and address of owner, developer, engineer, surveyor and person preparing the plat. |
| 4 | Date, graphic scale, vicinity map, acreage, zoning, and north arrow. |
| 5 | Flood zone statement, zoning, surveyor's certification, stamp, and signature. |
| 6 | Name, address, and zoning of all adjacent property. |
| 7 | Location and description of all stakes and monuments. |
| 8 | Legal description of the property with dimensions and angles sufficient to locate all lines on the ground. Lots and blocks shall be identified, boundaries shall be shown by distance and property shall be located by section, range, and township and by corporate limits. |
| Existing Conditions | |
| 9 | Original topography at five-foot contour intervals where grades are over ten percent and two-foot contour intervals where grades are less than ten percent. |
| 10 | Location and names of existing or platted streets and utility easements within or abutting the plat. |
| 11 | Location of all prominent physical features such as buildings, railroads, parks, creeks, ponds, and public spaces. |
| 12 | Location and size of utility lines, watercourses, bridges, culverts, lakes, floodplains and underground installations within or adjacent to the plat. |
| Proposals | |
| 13 | Final drainage plan. |
| 14 | Location and size of utilities and drainage systems. |
| 15 | Location and size of any property to be dedicated or reserved with special conditions for special uses. |
| Supplemental information | |
| 16 | Vicinity map to show the relation of the plat to streets and other information requested by the planning commission. |
| 17 | Number of each type of dwelling, total units, floor area per dwelling unit and total floor area. Floor area of commercial units divided between their usages. |
| 18 | Number of parking spaces per usage. Total spaces required. Total spaces provided. Rate at which the parking spaces were calculated for each use. Show typical dimension of parking space. |
| 19 | Number of handicapped spaces required. Total handicapped spaces provided. Show typical dimensions for handicapped space. Show width of handicapped access area. Show location of handicapped parking signs. |
| 20 | Location and size of loading area. |
| 21 | Show location and details of all handicapped ramps. |
| 22 | Type of surface of all areas. |
| 23 | Set back lines. Distance from property lines to paving, curbs, buildings, etc. |
| 24 | Location of landscaped areas and irrigation. |
| 25 | Driveway widths, radius, and distance from other property lines and street intersection. Detail of modified curb. |
| 26 | Sidewalk location and details including slope. |
| 27 | Location of existing and proposed streetlights. |
| 28 | Dumpster location. |
| 29 | Digital copy. |
| 30 | Plans of street and utility lines with profiles. |
(j) As-builts: The developer shall submit two copies of as-builts drawing and one digital copy, in a format acceptable to the director of the planning and community development division, upon the completion of the development.
(k) Certificate of occupancy: Before the certificate of occupancy is issued the development must be approved by the city fire chief, the chief building inspector, and the director of the planning and community development division or their authorized representatives. The developer shall deposit with the city clerk a surety bond, letter of credit, or cash for 150 percent of the cost of remaining improvements and other required items, as approved by the director of the planning and community development division, before the director's signature is obtained.
(Code 1973, § 30-8; Ord. No. 3011, § 1, 9-12-00; Ord. No. 3189, § 1, 3-12-02; Ord. No. 3198, § 4, 4-9-02; Ord. No. 3851, § 2, 3-14-06)
Sec. 112-9. Site plan review for zero lot line or townhouse developments.
(a) Development plan. Before a building permit can be issued for a zero lot line or a townhouse development as provided for in the Zoning Ordinance (Chapter 130), a development plan must be submitted to the planning commission for approval. A proposed development of three or more lots shall be processed as a subdivision.
(1) Required exhibits. In addition to the submittal requirements for a subdivision, the developer shall submit the following with the preliminary plat for review by the planning commission:
a. Typical plot plans for each dwelling unit type at a scale of one inch equals 30 feet or larger showing the location, with setbacks noted, of existing and proposed buildings, patios, driveways, parking areas, sidewalks, accessory buildings and structures, utility lines, and easements.
b. Typical building elevations for each dwelling unit type.
c. The preliminary plat shall indicate the zero lot lines for zero lot line developments.
d. Preliminary ownership and maintenance plans.
(2) The five-foot wall maintenance/improvement/drainage easement and the zero lot lines shall be indicated on the final plat of a zero lot line development when it is submitted to the planning commission for review and approval.
(3) An applicant for a development of one or two lots shall submit a survey or a replat by a registered land surveyor, and all exhibits as indicated above. Easements and street rights-of-way conforming to the right-of-way requirements of the master street plan shall be dedicated with certifications required for recording this plat with the circuit clerk of the county.
(4) The final protective covenants and property owners' association agreement shall be submitted to the planning commission with the final plat for developments of three or more lots, and with the original submittal for developments of two lots.
(b) Enforcement.
(1) Review by planning and community development director or his/her designated representative. After final approval by the planning commission, but before a building permit can be issued, an individual plot plan shall be submitted to the planning and community development director or his/her designated representative for each building in the case of townhouse developments, or for each dwelling unit in the case of zero lot line developments. The planning and community development director or his/her designated representative shall be responsible for reviewing the plot plans to determine if all the provisions of this article, as well as the Zoning Ordinance, are being met.
(2) Minor changes. The planning and community development director or his/her designated representative may authorize minor changes in an approved development plan. If a developer wishes to make minor changes to an approved development, the changes shall be submitted to the planning and community development director or his/her designated representative in a form comparing the approved development with the desired changes. Substantial changes from an approved plan will be subject to the same procedure as new submissions.
(Code 1973, § 30-9; Ord. No. 3011, § 1, 9-12-00)
Sec. 112-10. Tandem lots.
Tandem lots may be developed only on appeal to the planning commission as a conditional use. The development of one tandem lot behind another tandem lot is discouraged and may be granted only under mitigating circumstances by specific action of the planning commission.
The following procedures shall be followed before a conditional use for a tandem lot may be granted:
(1) Written notification. A written application for a conditional use for a tandem lot along with a plat shall be submitted to the planning director with a fee, as determined by resolution of the city council, to cover costs of public notices and other expenses.
a. The application shall contain the following information:
1. The name, address and phone number of the applicant/record title holder.
2. The property location and zoning classification.
3. The name of the record title holder of the property, along with a copy of the warranty deed.
4. The legal description and street address of the property involved.
5. The names and addresses of all adjacent property owners of the property subject to the tandem lot.
6. Evidence in the form of a signed affidavit, that notice has been given to all adjacent property owners. The applicant shall be responsible for providing such notice by certified mail, return receipt requested, to the last known address of such record owner(s).
7. The required affidavit and supporting exhibits (Mailing receipts, list of adjacent property owners of record and copy of notice) shall be filed with the planning office no later than seven days prior to the meeting.
b. The plat must be submitted through the technical review process before submission to the planning commission and must include following information:
1. The name, address and phone number of the record title holder of the property.
2. The boundary and legal description of the entire parcel; the boundary and legal description for each lot to be created; a north arrow; and a graphic scale. The scale of the plat must be one inch equals one hundred feet (1" = 100') or larger on a maximum sheet size of twenty-four inches by thirty-six inches (24" 3. A vicinity map generally locating arterial streets, highways, section lines, railroads, schools, parks and other significant community facilities.
4. The dimensions of adjacent lots or parcels.
5. The location of the proposed access easement.
6. The plat should indicate the dedications of sufficient right-of-way to conform with the right-of-way requirements of the master street plan
(2) Notice and public hearings. An application for conditional use for a tandem lot shall be noted on the published agenda of the next regularly scheduled planning commission meeting, at which time a public hearing shall be held by the planning commission on the proposed conditional use for a tandem lot, after:
a. A notice has been published in a newspaper of general circulation in the city at least one time 15 days prior to the public hearing, which notice sets forth the time and place of such hearing and the conditional use proposed.
b. The adjacent property owners subject to the tandem lot have been notified by certified mail, return receipt requested, at least ten days prior to said hearing by the applicant and an affidavit and supporting exhibits are filed with the planning office no later than seven days prior to the hearing.
c. The city has posted at least one or more, where deemed necessary for adequate notice, conspicuous sign(s) on the property subject a conditional use hearing at least ten days prior to said hearing. Each sign shall be no smaller than two feet by three feet (2' d. The applicant or their agents designated in writing must be present at the public hearing. Any decisions made by the designated agent shall be binding on the landowner.
Before any tandem lot is approved, the planning commission shall determine at the public hearing that:
(1) The tandem lot development will not significantly reduce property values in the area. In determining whether property values will be significantly reduced, the planning commission shall consider the size of nearby lots in comparison with the proposed tandem lot or lots.
(2) The terrain of the area in which the tandem lot is proposed is such that subdivision of said area into a standard block in accordance with the city's subdivision regulations is not feasible.
(3) The tandem lot, in areas zoned residential, will have access to a public street or an approved private street by an access easement with a minimum width of 25 feet. In districts zoned commercial or industrial, the planning commission shall have the discretion to require an access easement in excess of 25 feet as the planning commission determines is sufficient and necessary for the reasonable ingress and egress of traffic and public safety, including emergency and service vehicles, installation of all utilities, and required setbacks. The private drive contained in the access easement shall be paved in its entirety. There shall be five feet between the back of the curb on each side of the paved drive and the outside boundary of the easement. All tandem lot owners shall be responsible for maintaining the access easement so that all vehicles have safe access to the structure located on the lot. The tandem lot owners shall have title to, or a perpetual easement for the access easement.
(4) The safety zone between the access easement of the tandem lot and any adjacent driveway will not be less than the minimum distance between curb cuts as specified in Article 5, Section 1, (H) of Chapter 130 (Zoning Ordinance) of the Springdale Code of Ordinances, off-site parking requirements.
(5) The tandem lot, excluding the access easement, will conform to the minimum lot width and lot area requirements of the zoning district in which it is located. Lot area calculations to determine whether a tandem lot meets minimum lot area requirements shall not include any portions of the lot having less than the required minimum width. No structure shall be placed on any portion of a tandem lot having less than the required minimum width.
After a tandem lot is approved, the applicant shall comply with the provisions of section 112-3(d), informal plat.
(Ord. No. 2185, § I, 5-11-93; Ord. No. 2307, § I, 7-12-94; Ord. No. 2744, § 2, 5-13-97; Ord. No. 3011, § 1, 9-12-00)
Sec. 112-11. Variances and waivers.
The planning commission may approve subdivision and large-scale development variances and, thereby, authorize a property owner to depart from the literal requirements of this chapter, or any other requirements of this Code applicable to subdivisions or large-scale developments, in utilization of his or her property, in cases where undue hardship results from literal enforcement. In situations where a variance is inappropriate, a property owner or his agent may petition the planning commission for a waiver of any provision of this chapter, in whole or in part, upon a sufficient showing of grounds therefor.
(1) Variances. In instances where strict enforcement of said requirements would cause undue hardship due to circumstances unique to the individual property under consideration, and the granting of such 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, the zoning ordinance, or any other requirements of this Code applicable to subdivisions or large-scale developments, governing subdivisions and large-scale developments according to the following guidelines:
a. The planning commission may modify 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.
b. When the applicant can show that his or her property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, the strict application of such provisions would prohibit or unreasonably restrict the use of the property, and the planning commission is satisfied that the granting of a variance would alleviate a demonstratable hardship, as distinguished from a special privilege or convenience sought by the applicant, such variance may be granted; provided that all variances shall be in harmony with the intended purpose of this chapter.
(2) Waivers. A waiver from any of said requirements may be granted by the planning commission when the conditions governing variances set forth in (1)b. above are met, subject to the provisions related to council approval on street improvements, drainage, curbs, gutters and sidewalks, as hereinafter set out. When the planning commission determines that certain improvements or requirements are not necessary for the public interest or are inappropriate because connecting facilities on nearby or adjacent property are inadequate or lacking, the commission may waive such improvements or requirements when to do so would be consistent with the spirit, intent and purpose of this chapter. Provided, however, that any waivers pertaining to street improvements, drainage relating thereto, curbs, gutters, or sidewalks shall be first heard by the planning commission and a recommendation made to the city council, but only the city council may grant a waiver for street improvements, drainage relating thereto, curbs, gutters, or sidewalks.
(3) Waivers of off-site improvements. A showing of one or more of the following shall be sufficient grounds for a property owner to be granted a waiver of an off-site improvement requirement:
a. The city or county has no plans, and anticipates no plans in the foreseeable future, for upgrading the substandard street or road on which improvements are proposed to be required by the developer.
b. The proposed development has primary access to improved streets and roads, and the portion of the development which fronts on a substandard street or road is so small or remote from anticipated future traffic patterns as to cause an unfair imposition on the developer.
c. The property owner or his agent proposes alternative improvements which will protect the health, safety and welfare of persons in the proposed development and the surrounding area and will equally benefit said persons.
d. The property owner or his agent does not propose access to the proposed development from an existing substandard street or road and proposes to provide access by way of streets or roads improved to current city or county standards.
(4) Bill of assurances or performance bond. A bill of assurances to the city may be required from the property owner prior to any variance or waiver being granted, which shall run with the land and shall set a fixed period of time in which the varied or waived requirement must be provided by the property owner. In the alternative, the city may require the posting of a performance bond as set forth hereinabove in section 112-5(1) for the completion of such requirements in a time period to be fixed by the planning commission or the city council.
(5) Appeal from decision. Any party aggrieved by the decision of the planning commission in granting or denying a variance or waiver may appeal the decision to the city council within 30 days of the planning commission's decision by giving notice thereof to the city clerk.
(Code 1973, § 30-10; Ord. No. 3725, § 2, 7-12-05)
Sec. 112-12. Administration.
(a) Severability. If any section, paragraph, clause, phrase or part of these subdivision regulations is for any reason invalid, such decision shall not affect the validity of the remaining provisions of these regulations; and the application of those provisions to any persons or circumstances shall not be affected thereby.
(b) Enforcement. In order to carry out the purposes of these regulations and to assure an orderly program of land development after the effective date of these regulations:
(1) No plat of any tract of land within the planning area jurisdiction of the planning commission shall be accepted by the county recorder for filing unless the plat has been approved by the planning commission.
(2) No conveyance by metes and bounds of tracts coming under the definition of "subdivision" without compliance with the applicable provisions of this chapter or amendments thereto shall be permitted. This provision is aimed at preventing any attempt to circumvent these regulations by conveying by metes and bounds without taking the necessary steps for filing an approved plat.
(3) No dedication of streets shall be accepted by the city unless the use of the adjoining adjacent land is shown; if the purpose of opening the street is to make the affected land available for sale as a subdivision, the street may not be accepted until accompanied by the required plat.
(4) No building permit shall be issued for construction of any building; no person, firm or corporation shall sell or offer for sale any lot; no water, sewer, gas or electric service shall be extended to serve any structure on any lot, nor shall any land be accepted for dedication by the county recorder unless:
a. The lot, building or structure was established before the adoption of this chapter;
b. The lot is part of a subdivision, large-scale development or informal plat approved by the planning commission and all requirements of the city's applicable ordinances have been completed to the satisfaction of the city's staff.
(5) The city clerk shall be furnished the approved large-scale development plan, final plat or informal plat, to facilitate updating and maintaining an accurate city map and graphic records of new developments.
(6) All requirements imposed by the planning commission or city council shall have been completed to the satisfaction of the planning and community development director or his/her designated representative.
(c) General penalty provisions applicable. The failure to comply with the requirements of paragraph (b) hereof, or any additional specific requirements of development of the planning commission or city council, is declared an unlawful act and may subject a property owner or developer to the general penalty provisions of this Code set out in section 1-9 hereof, and any other remedies available under Arkansas law, as circumstances require.
(d) Amendments. On any proposed amendments to these regulations, the planning commission shall hold a public hearing, for which 15 days' advance notice in a local newspaper of general distribution has been published. Following such a hearing, the city council may adopt the amendment or amendments as recommended by the planning commission or as determined by a majority vote of the city council.
(Code 1973, § 30-11; Ord. No. 2330, 10-11-94; Ord. No. 3011, § 1, 9-12-00)
Sec. 112-13. Vacation of plats.
(a) Any plat or any part of any plat lying within the city may be vacated by the owner at any time before improvements have been made on the land subject to the plat. A petition to vacate a plat or any part of any plat shall be made to the planning commission. On any proposed petition to vacate a plat, the planning commission shall hold a public hearing, for which 15-days' advance notice in a local newspaper of general distribution has been published. Following such a hearing, the city council may approve the petition as recommended by the planning commission or as determined by a majority vote of the city council. The city council may reject any proposed plat vacation which abridges or destroys any public rights in any public use areas, improvements, streets or alleys.
(b) The owner of lands for which a request for vacation is filed and granted shall provide the appropriate documents to the county recorder to carry out the vacation order.
(c) When lots have been sold, the plat may be vacated in the manner established therein, provided the owners of all lots join the plat vacation application.
(d) Regardless of the disposition of the plat vacation petition, the developer or his successors will have no right to a refund of any monies, fees, or charges paid to the city nor to the return of any property or consideration dedicated or delivered to the city except as may have previously been agreed to by the planning commission, the city council, and the developer. If agreed to, such vacation shall have the effect of divesting the public of all rights in the streets, alleys, public areas and dedications laid out for describing in such plat.
(Ord. No. 3095, § 1, 5-22-01)
Sec. 112-14. Multi-family residential complex design guidelines and standards--Adopted by reference.
That a certain document, three copies of which are on file in the office of the city clerk for inspection and view by the public, and being marked and designated as "Multi-Family Residential Complex Design Guidelines and Standards", be and is hereby added to this chapter, and each and all regulations, provisions, penalties, conditions and terms of said document are hereby referred to, adopted, and made a part hereof, as if fully set out in this section.
(Ord. No. 3596, § 1, 11-9-04)
Sec. 112-15. Commercial design standards and guidelines--Adopted by reference.
That a certain document, three copies of which are on file in the office of the city clerk, for inspection and view by the public, and being marked and designated as "Commercial Design Standards and Guidelines", be and is hereby added to this chapter, and each and all of the regulations, provisions, penalties, conditions and terms of said document are hereby referred to, adopted, and made a part hereof, as if fully set out in this section.
(Ord. No. 3840, § 1, 2-28-06)
Editor's note--Ord. No. 3840, § 1, adopted Feb. 28, 2006, added provisions that were not specifically amendatory. At the editors' discretion, said provisions have been included herein as § 112-15. Section 2 of said ordinance provides for an effective date of April 1, 2006.
Sec. 112-16. Underground utility wires, lines and/or cables.
(a) [Residential, commercial and industrial developments.] In all residential, commercial and industrial developments submitted after August 30, 2007, all utility wires, lines, and/or cable in said developments utilized by electric and/or telecommunications companies shall be placed underground.
(b) Waiver. In case of hardships, (including but not limited to 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.
(c) Exemptions. The following shall be exempt form the requirements of this section:
(1) Overhead wires, supporting structures, and associated structures of a temporary nature which provide temporary service. A permit shall be obtained from the planning and community development division for said temporary service, addressing the nature and duration of said service.
(2) Existing lines of 12Kv and above.
(3) A single pole near the exterior boundary of a development shall be allowed to provide connections for underground service.
(d) [Authority.] 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.
(Ord. No. 4091, § 1, 8-14-07)
Editor's note--Ord. No. 4091, § 1, adopted August 14, 2007, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as § 112-16.
Sec. 112-17. Commercial design standards and guidelines change in use of commercial structures--Adopted by reference.
That a certain document, three copies of which are on file in the office of the city clerk, for inspection and view by the public, and being marked and designated as "Commercial Design Standards and Guidelines Change in Use of Commercial Structures", be and is hereby added to this chapter, and each and all of the regulations, provisions, penalties, conditions and terms of said document are hereby referred to, adopted, and made a part hereof, as if fully set out in this section.
(Ord. No. 4103, § 1, 9-11-07)
Editor's note--Ord. No. 4103, § 1, adopted Sept. 11, 2007, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as § 112-17.
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