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ORD NO 14-1991 SUBDPVISION REGULATIONS VAN BUREN, ARKANSAS ORDINANCE NO. /1 .1991 ALLEN RAY TOOTHAKER, MAYOR 1 IIP ORDINANCE NO. y ,1991 SUBDIVISION REGULATIONS VAN BUREN, ARKANSAS AN ORDINANCE REGULATING THE SUBDIVISION OF LAND WITHIN THE CITY OF VAN BUREN, ARKANSAS, AND ITS AREA OF PLANNING JURISDICTION: REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF PRELIMINARY AND FINAL PLATS FOR SUCH PURPOSES: ESTABLISHING MINIMUM SUBDIVISION DESIGN STANDARDS: PROVIDING MINIMUM IMPROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE SUBDIVIDER: SETTING FORTH THE PROCEDURE TO BE FOLLOWED BY THE PLANNING COMMISSION IN APPLYING THESE RULES, REGULATIONS AND STANDARDS: AND PRESCRIBING PENALTIES FOR THE VIOLATION: AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: I. GENERAL PROVISIONS: A. Purpose The purpose of these regulations is to set forth the procedures, requirements and minimum standards governing the sub division of land under the jurisdiction of the Van Buren 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. The territorial jurisdiction of these regulations includes the land within the corporate limits of the City of Van Buren and those areas identified within the Van Buren Extraterritorial Jurisdiction Area as indicated on the Van Buren Extraterritorial Jurisdiction Area Map. D. Where this Ordinance addresses specific lots and set back dimensions, references are made to the Van Buren Zoning Ordinance for this information and, where this Ordinance addresses specific street design and construction criteria references are made to the Van Buren Master Street Plan for this information. e 2 E. Definitions For the purpose of these regulations, certain terms used herein are defined as follows: 1. Alley- a minor public way used for utilities easements and vehicular service access to the back or the side of properties abutting a street. 2. Building Set -Back Line- a line parallel to the street right of -way, indicating the limit beyond which buildings or structures may not be erected. 3. Cul -de -sac- a street having one end open to the traffic and being terminated at the other end by a vehicular turnaround. 4. Easement- a grant by a property owner to the public, a corporation, or persons of the use of a strip of land for a specific purpose. 5. Improvements- street grading and surfacing, curbs and gutters, water main and lines, sanitary and storm sewers, culverts and bridges. 6. Lot- a portion of a subdivision, or any parcel of land intended as a unit of transfer or ownership or for development. 7. Plan, City- the comprehensive plan made and adopted by the Planning Commission and accepted by ordinance by the City Council indicating the general locations recommended for the various land uses, major streets, parks, public buildings, zoning districts, and other public improvements. 8. Master Street Plan- a plan for streets made and adopted by the Planning Commission and accepted by the City Council by Ordinance classifying certain streets within the planning area jurisdiction as Local, Collector, Arterial (Minor), Arterial (Principal). 9. Plat- a map or drawing and accompanying material indicating the layout and design of a proposed subdivision prepared by a developer for consideration and approval by the Planning Commission. Such plats may be the preliminary plat, or the final plat. 10. Street- a dedicated public right -of -way which provides vehicular and pedestrian access to adjacent properties. 3 a. Thoroughfare- a street of greater continuity which serves or is intended to serve as a major traffic way, and is designated as a limited access highway to identify those streets comprising the basic structure of the street plan. b. Collector Street- a feeder route which carries the vehicles from minor and residential streets to thoroughfares. c. Minor or Residential Streets- a non through neighborhood street within a particular area used mainly for access to properties. 11. Street, dead -end- a street, similar to a cul -de -sac, but providing no turnabout at its closed end. 12. Subdivider- a person, firm or corporation undertaking to develop a subdivision as defined in these regulations. 13. Subdivision- a subdivision shall include all divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose, whether immediate or future, for sale or building development and shall include all divisions of land involving the dedication of a new street or a change in existing streets, or installation or changes of utilities, provided, however, that the following shall not be included within the definition, nor be subject to the subdivision rules and regulations of this municipality: A) The combinations, or re- combination, of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to, or exceed, the standards or ordinances of this municipality. B) The division of land into parcels greater than 5 acres, where no street right of way dedication, or installation or change in utilities, is involved. C) The public acquisition, by purchase or dedication, of parcels of land for the widening or opening of streets or other improvements. 4 C I II. PROCEDURE FOR SUBDIVISION PLAT APPROVAL Three steps are involved in approval by the Planning Commission of a new proposed subdivision; (1) preparation, and approval by the Planning Commission, of a Preliminary Plat, (2) submission, and approval of construction plans and design specifications by The City or`its agent, and (3) preparation, and approval of a Final Plat by the Planning Commission and City Council. A. Preliminary Plat 1. Submission The subdivider shall submit to the Planning Commission fourteen (14) copies of a preliminary plat, together with the pertinent supporting data, at least twenty (20) days prior to the meeting of the Planning Commission at which consideration is requested. A subcommittee of the Planning Commission will review the preliminary plat at least seven (7) days prior to the Planning Commission meeting, and make recommendations to the Planning Commission on the availability of utility easements, and street right -of -ways to serve the property under consideration. a. General (1) Name of Subdivision (2) Boundary of Subdivision (3) Names and addresses of the owner(s), developer(s), and the name of the registered engineer preparing the plat and the registered engineer's seal. (4) Minimum scale of plat, one (1) inch equals one hundred (100) feet, on sheets 18 "x 24" or 24 "x 36 (5) Date, north arrow, and scale. (6) Vicinity map, at a legible scale, on Preliminary Plat, showing the location of all abutting streets and development and such further information surrounding territory as may be requested by the Sub Committee of the Planning Commission. b. Existing Conditions (1) Location, width and name of each existing or platted street; railroad or other public way, and utility easements, parks and other public open space, and permanent buildings, within and adjacent to the proposed subdivision. (2) Location and size of existing sewers, water mains, culverts, or other underground installations within the 5 proposed subdivisions and immediately adjacent thereto, when available. (3) Names of adjacent subdivisions an owners of adjacent parcels of not yet subdivided land. (4) Topography with contour lines at two (2) feet intervals. (5) Lot addresses shall be noted. c. Proposed Development (1) Names, location, and width of proposed streets and roadways and location and width of alleys, sidewalks, curb and gutters (if proposed) and utility easements. (2) Location and character of all proposed pubic utility lines, including sewers (storm and sanitary), water, gas and power lines, when available. (3) Layout, numbers and dimensions of lots and the number of letters of each block. (4) Location and size of proposed parks, playgrounds, churches, or school sites or other special uses of land to be considered for dedication to public use, if any. (5) Building set -back lines with dimensions pursuant to the requirements of the Master Street Plan, Zoning Ordinance, Subdivision Regulations and other plans and ordinances that are in effect. (6) Indication of any lots on which use other than residential is proposed by the subdivider. (7) Approximate acreage of proposed subdivision. d. Supporting Data (1) Attach any pertinent supplementary information or data. 2. Review by Planning Commission a. Approval or Rejection Within ten (10) days after review by the Planning Commission, the subdivider shall be notified in writing whether the Preliminary Plat is approved. In case the Plat is not approved, the reasons for disapproval shall be given in writing. Failure of the Planning Commission to act on the Preliminary Plat within ninety (90) days from the date of application submission shall be deemed approval of the Preliminary Plat. Approval of the Preliminary Plat, 6 however, does not constitute acceptance of the subdivision. Rather, it is authorization for the subdivider to precede with the preparation and submission of construction plans and design specifications. If the sub divider desires to presently develop only, a portion of the total area intended for development, the Planning Commission shall require preliminary plat approval for the entire area intended for development to insure that the purpose and intent of those regulations are complied with. b. Approval Period The approval of the Preliminary Plat shall be effective only for a period of two (2) years, and thereafter as long as work is actively progressing on the installation of the required improvements. If the Final Plat has not been submitted for approval within this period, a Preliminary Plat must again be submitted to the Planning Commission for approval. B. Final Plat 1. Submission After approval of the Preliminary Plat and submission and approval of the construction plans and design specifications, by the city or its agent, and the installation or provisions made for the installation of the required improvements as specified in Chapter V, IMPROVEMENTS, the subdivider shall submit to the Planning Commission a Final Plat for recording purposes, together with certificates and other supporting information. Such submission shall be at least seven, (7), days prior to the Planning Commission meeting at which consideration is requested. 2. Copies of Final Plat Ten (10) copies of the final plat shall be submitted to the Planning Commission for review. The final plat shall be drawn at a scale of 1" 100' or larger, and shall be on a sheet size of 18 "x 24" or 24" x 36 3. Information in Final Plat The Final Plat shall show and contain the following information: a. Name of Sub Division b. Boundaries of Sub Division; it's legal description and zoning district in upper right hand corner. 7 0 c. Names and addresses of the owner and developer. In addition, the name and seal of the subdivision to the minimum standards set forth in these regulations, and the minimum standards as set forth in the Arkansas Minimum Standards for Property Boundary Surveys and Plats as published by the Arkansas Geological Commission, Land Survey Division. d. Acreage in subdivision tracts. e. Date, north arrow, and scale. f. Location and description of all monuments. g. Location of and names of all streets, highways, alleys, parks, or public purpose areas, if any, and easements with dimensions and proper engineering description within the proposed subdivision. h. Location of all streets, and utility easements and areas for public uses, if any, to be dedicated. i. Building set -back lines with dimensions. j. Dimensions and number of all lots and the number or letter, of all blocks within the proposed subdivision. k. Bearings in degrees, minutes and seconds of all lot lines and street lines, as well as a basis on which the bearing system was determined. 1. Street Curvature characteristics. m. Dedication of all streets and alleys, parks and other lands for public use. n. Establishment of easements. o. A provision that the platting, as filed for record cannot be changed unless vacated. 4. Supporting Data Include Final Plat:* a. Certificate of Ownership and Dedication f(as defined in Article VI H). b. Certificate of Approval of Water and Sewer System by State Health Department and /or City Water Superintendent. c. Certificate of Approval of Streets. d. Certificate of Approval of Building set -back dimensions 8 e. Certificate of Plat Acceptance from City Council. f. Lot Addresses shall be noted. Any other pertinent information or data. 5. Right of Planning Commission to have re- survey made If serious discrepancies are found, the Planning Commission may require at the subdivider's expense, a re- survey of the proposed subdivision to determine whether the description is correct. 6. PLANNING COMMISSION APPROVAL The Planning Commission shall approve or disapprove the Final Plat within sixty (60) days after its submission subject to the requirements set forth in Chapter V, IMPROVEMENTS. .If disapproved the reasons for such action shall be recorded in the minutes of the Planning Commission meeting and those reasons shall be transmitted to the developer or subdivider in writing. Failure of the Planning Commission to act on a Final Plat application within ninety (90) days from the date of application submission shall be deemed approval of the plat. If the subdivider desires to develop only a portion of the Plat granted preliminary approval, the Planning Commission may grant Final Plat approval just for the area the subdivider desires to develop at that particular time. (See Article V, G, Guarantee in Lieu of Installation of Improvements for other Final Plat approval conditions. Upon approval of the final plat by the Planning Commission, the plat shall then be transmitted to the City Council. If the property is located within the city, for its acceptance of the dedication of public streets, parks and /or other public space. 7. Recording the Final Plat Pursuant to section 5c, Arkansas Planning Law, Act 186 -1957, "the county recorder shall not accept any plat for record without the approval of the Planning Commission." Following approval of the Planning Commission and acceptance by the City Council if the property is located within the City, two (2) copies of the Final Plat shall be filed with the county recorder. 9 III. MINIMUM DESIGN STANDARDS A. Conformance with Official Plans 1. The subdivision plat shall conform to all official plans currently in effect. 2. The subdivider shall be notified at the time of submittal of a Preliminary Plat for approval the need to reserve sites for public use that are indicated within the boundaries of the proposed sub division which are indicated on an officially adopted plan, to permit the public board, commission or body having jurisdiction or financial responsibility the opportunity to.acquire said sites (see also paragraph H of this article). B. Blocks 1. Width- blocks shall be wide enough to provide two tiers of lots of minimum depth, except where fronting on a major street or prevented by topographical conditions or the size of the property, in which case the Planning Commission may approve a single tier of lots. 2. Length- blocks shall not be less than 400 feet nor more than 1320 feet in length except where the Planning Commission considers it necessary to secure efficient use of the land or use of the land for a desired street pattern. C. Lots 1. Size As referenced in the Van Buren Zoning Ordinance for the Zoning classification of the proposed development. 2. Area As referenced in the Van Buren Zoning Ordinance for the Zoning classification of the proposed development. 3. Width As referenced in the Van Buren Zoning Ordinance for the Zoning classification of the proposed development. 4. Oversized Lots As referenced in the Van Buren Zoning Ordinance for the Zoning classifcation of the proposed development. D. Curb and Gutter As referenced in the Van Buren Master Street Plan under the Design and Construction Criteria. 10 E. Street Grading and Surfacing As referenced in the Van Buren Master Street Plan under the Design and Construction Criteria. F. Building Set -Back Lines As referenced in the Van Buren Zoning Ordinance for the classification of the proposed development. Estate Type Lots -shall be the following set -back lines: As referenced in the Van Buren Zoning Ordinance for the classification of the proposed development. G. Streets All street design and contruction shall be in accordance with the Van Buren Master Street Plan. H. Parks and Recreational Areas The Planning Commission may require the dedication of parks, open spaces, or recreational areas when in their judgement, the subdivision is of sufficient size that such action would enhance the desirability of the area for residential purposes. The subdivider at his option may provide such areas or may be required to make them available for acquisition by the City under statutory procedure. All such areas shall be maintained at the expense of the City or other body which may be involved. I. Suitability of Land Land subject to flooding or topographically unsuitable for residential occupancy and which the Planning Commission considers inappropriate for subdivision use shall not be platted for that use or any other use that may increase danger to health, life or property, or aggravate erosion or flood hazard. If such land is in the proposed plat, this land shall be set aside for such uses as will not be effected by periodic flooding or unsuitable topographic conditions, unless adequate corrective methods are formulated by the developer and approved by the Planning Commission. J. Utility Easements 1. Easements for the location of utilities may be required by the Planning Commission. Easements, when required, shall be fifteen (15) feet in width unless an easement of a lesser or greater width is approved by the Planning Commission. 11 2. No building or structure or improvements may be erected over, or in an easement. 3. The various utility firms shall be consulted pertaining to suitable locations of all utility easements. 4. Utilities to be located in an easement within or across a street right -of -way shall be platted and installed with the stub -out connections for each lot, or conduit installed to allow future installations before the surfacing of the street. (Ordinance 24- 1976 Passed and Approved 7- 14 -76) IV. IMPROVEMENTS Before the Final Plat approval may be granted by the Planning Commission, the subdivider shall have installed or shall have made provision to install, either at his expense or in accordance with the existing policy of the City, the following improvements, all of which must have prior approval by the Planning Commission. (see G, below) a. Water Supply Where an approved public water supply for domestic and fire protection uses is available or reasonably accessible or procurable, connections should be made with such water supply. The developer shall furnish, install and pay all costs for fire hydrants in such a manner and at such locations and intervals as are required and approved by the Superintendent of the Van Buren Water and Sewer Department, and which meet rules and regulations of the Arkansas Fire Prevention Bureau. Pending the availability of a public water supply the subdivider shall construct wells or a water supply system in such a manner that an adequate supply of potable water is available to every lot within the subdivision. The water supply furnished shall have plans and specifications prepared by a licensed registered engineer and approved by the State Board of Health and approved by the Water and Sewer Department. (Ordinance 7 -1971) b. Sewage Disposal 1. When Subdivision is located within a reasonable distance of public sewers or where plans for the installation of sanitary sewers in the vicinity of the subdivision have been prepared and approved and topography permits connection thereto, sewers shall be installed in conformity with plans and specifications prepared by a licensed engineer and approved by the City Engineer. 2. When the subdivision cannot be served by existing sanitary sewers, septic tank disposal or other approved disposal methods shall be provided in accordance with plans and specifications approved by the Water and Sewer Department Engineer and Arkansas 12 State Board of Health. c. Storm Drainage Storm drainage shall be constructed in accordance with the minimum design standards as established by the City Council. (Ord. #40- 1980) d. Curb and Gutter Curbs and gutters design and construction, when provided, shall be in accordance with the Van Buren Master Street Plan. e. Street grading and Surfacing Streets shall be constructed with a dust free hard surface in accordance with the Van Buren Master Street Plan. f. Monuments Monuments shall be set indicating the location of each lot corner within the boundaries of the subdivision. At a minimum, these monuments shall consist of a metal rod at least eighteen (18) inches in length and one half (1/2) inch in diameter. These monuments shall be set in accordance with the Arkansas Minimum Standards for Property Boundary Surveys and Plats as published by the Arkansas Geological Commission, Land Survey Division. The surveyor's certificate placed on the final plat shall act as the certification that these monuments have been set in accordance with these standards. g. Guarantees in Lieu of Installation of Improvements The Planning Commission may approve the Final Plat (see also Article II b, 6) of a subdivision prior to the installation of all the required improvements of the subdivider: 1. DEPOSITS CASH OR A PERFORMANCE BOND, OR IRREVOCABLE LETTER OF CREDIT Such deposits of cash, a performance and payment bond or irrevocable letter of credit with the City shall be in an amount equal to the estimated cost of improvements as determined by the City Engineer or other City Officials for the entire subdivision or portion thereof. Upon satisfactory completion of the improvements the subdivision may withdraw any deposit made, however, a 10% bond will be required during the warranty period. 0 13 2. ENTERS INTO AN AGREEMENT OR CONTRACT WITH THE CITY FOR WATER AND SANITARY SEWER If the subdivider chooses to begin his construction program or to sell lots within the subdivision prior to the installation of the required improvements, he may enter into a written agreement with the City which shall include but shall not be limited to the following conditions: a. The Final Plat is otherwise approvable by the Planning Commission. b. The contract shall specify the date that all improvements shall be installed, not to exceed one (1) year from date of the contract. That Section IV G is further amended to add a new paragraph IV G 2 -c. c. Building permits not issued until improvements are in and approved or guarantees in lieu of improvements are provided. h. ENGINEER CERTIFICATE In addition to any inspection made by the City of Van Buren, Arkansas, before any improvements is accepted for maintenance by the City of Van Buren, Arkansas, a Registered Engineer shall certify under his seal that said improvements meet the standards as set forth in the subdivision Ordinance. i. COVENANT In the event that the plat is filed as provided in IV G 2 the written agreement to put in the required improvement as therein provided shall be made a part of the plat and shall be covenant running with the land. j. INSPECTION FEES In addition to insure proper curbs and gutters an inspection fee of .01 (1 cent) per lineal foot shall be charged and the enforcement officer shall be notified when forms are in place and before concrete is poured. (Ordinance 10 -1968) V. ADMINISTRATION A. Variances Whenever the tract to be subdivided is of such unusual size, shape or topography, or surrounded by such development or conditions that the provisions of these regulations shall result in substantial hardship on the subdivider when such hardship is unique or peculiar to the tract of land, the Planning Commission may vary or modify such requirements to the end that the subdivision may be developed 14 0 consistent with public welfare and safety and will not result in undermining the intent of these regulations. B. Appeal In the event plat is submitted by the applicant is disapproved by the Planning Commission, the applicant may petition the city Council for a review of the plat vote. The Council may sustain the disapproval of the Commission or refer the Plat back to the Planning Commission for re -study and for such action as may be consistent with the requirements of these regulations. C. Severability If any section, paragraph, clause, phrase or part of these subdivision regulations is for any reason invalid, such decision shall not effect the validity of the remaining provisions of these regulations and the application of those provisions to any persons of circumstances shall not be effected thereby. D. 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 Van Buren Planning Commission shall be accepted by the County Recorder for filing of record unless the plat has been approved by the Planning Commission. 2. No conveyance by metes and bounds of tracts or lots coming under the definition of a subdivision without compliance with the applicable provisions of this ordinance or amendments thereto shall be permitted. This provision is aimed at preventing an attempt to circumvent these regulations by conveying metes and bounds without taking the necessary steps for filing an approved plat. 3. No dedication of streets shall by itself be accepted by the City unless usage of the adjoining affected 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. E. Penalty Any person, firm or corporation which violates any provision of these regulations or amendments thereto shall be guilty of a misdemeanor and upon conviction shall be fined not less than twenty -five ($25.00). Each day that any violation of these regulations is in effect shall constitute a separate offense and 15 be subject to additional fines of fifteen ($15.00) per day. F. Amendments On any proposed amendments to these regulations, the Planning Commission shall hold a public hearing, for which fifteen (15) days advance notice in a local newspaper of general distribution has been published. Following such hearing the City Council may adopt or reject the amendment or amendments as recommended by the Planning Commission. This ordinance may be amended by a majority vote of the City Council. G. Fees For each Preliminary Plat submitted, the fee shall be ten dollars ($10.00) plus fifty cents (.50) for each lot, the maximum fee not to exceed fifteen dollars. For each Final Plat submitted the fee shall be five dollars ($5.00) plus twenty -five (.25) cents for each lot the maximum fee not to exceed eight dollars ($8.00). H. Certificate of Ownership and Dedication 1. The subdivider shall be required to file with the County Recorder the Certificate of Ownership and Dedication as approved by the Planning Commission at the same time the plat is filed for record. VI. Repealing Clause 1. This ordinance repeals Ordinance No. 8 -1963. Passed and approved this /7 day of 1991. Ma AtteIt:' Ci -y Clerk 16 PRELIMINARY PLAT CHECKLIST 1. Subdivision's name, city, county, and state 2. Subdivision's limits, boundaries 3. Legal Description 4. Total acres of subdivision 5. Names and addresses of owner, developer, registered engineer and registered engineer seal 6. Names of adjacent subdivisions 7. Perimeter property owners identified 8. Vicinity map reasonable scale location of abutting streets and development 9. 2 foot contour intervals 10. All physical features, i.e., lakes 11. Date 12. Scale 13. North Arrow 14. Location (platted existing) and dimensions of: streets and rights -of -way alleys, railroad or other public ways utility easements, public utility lines, including sewers (storm and sanitary) water, gas, and power lines 15. Street names 16. Layout, numbers, dimensions, and addresses of: lots blocks 17. Location of building lines 18. Location, type, and dimension of any non residential property 19. Existing or proposed zoning and use of land 20. Approval by Planning Commission (certified) FINAL PLAT CHECKLIST 1. Subdivisions name, city, county state 2. Subdivision's limits, boundaries 3. Legal Description 4. Names, addresses of owner, developer, registered engineer and registered engineer seal 5. Total acres of subdivision 6. Date, scale, and north arrow 7. Location, dimensions, names of streets, alleys, public purpose areas 8. Dimensions, locations of all utility easements and public use areas to be dedicated 9. Dimension numbers, and addresses of all lots, blocks 10. Bearing of all lots, blocks, street lines which are are not a 90 degree angle 11. Location of monuments 12. Location of building lines 13. Existing or proposed zoning and use of land 14. Approval of water /sewer by State Health Department and /or City Water Superintendent 15. Approval of streets and utilities by registered engineer or registered surveyor 16. Approval of all Building set -back lines by City Building Inspector 18 17. Certification of accuracy by engineer 18. Certification of: ownership and dedication approval by Planning Commission Plat acceptance by City Council