RESOLUTION A RESOLUTION ADOPTING A REVISED ZONING CODE AND A REVISED SUBDIVISON CODE FOR THE CITY OF OZAIM ARKANSAS WHEREAS,cities of first and second class and incorporated towns have the power to adopt and enforce plans for the coordinated,adjusted,and harmonious development of the municipality and its environs;and WHEREAS,the Planning Commission of the City of Ozark,Arkansas wishes to adopt such a plan and supporting regulations;and WHEREAS,the City Council has appointed a Planning Commission and the Planning Commission has undertaken the following: (1)Prepared a work program; (2)Made comprehensive studies of the present conditions and the probable future growth of the municipality and its neighboring territory; (3)Prepared a Comprehensive Plan featuring land use and transportation components, which was adopted by the Ozark City Council,June 141,2010;and (4)Prepared a Subdivision Code and a Zoning Code consisting of technical code and map;and WHEREAS,the Planning Commission held a duly advertised Public Hearing on September 211 , 2010,to allow discussion and citizen comments on the proposed Zoning Code and Subdivision Code. NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMSSION OF OZARK,ARKANSAS,THAT: A. A Subdivision Code and a Zoning Code for the City of Ozark designed to protect or enforce the provisions of the Comprehensive Plan,are hereby adopted and submitted to the Ozark City Council for consideration. PASSED THIS DAY O 2010, Chair ORDINANCE NO. O/D-'J AN ORDINANCE TO ADOPT A REVISED SUBDIVISION CODE BY REFERENCE; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS,cities of the first and second class and incorporated communities have the power under Arkansas law to adopt and enforce plans for the coordinated, adjusted, and harmonious development of the municipality and its environs, and; WHEREAS,the City of Ozark has grown,both in population and in the diversity and size of its economy over the years,and; WHEREAS,The Ozark Planning Commission has prepared a revised subdivision code with the express purpose of carrying out the provisions of the master street plan and other plans duly authorized by the Ozark City Council; and WHEREAS,the Ozark Planning Commission adopted a Subdivision Code on , 2010, after holding a duly authorized public hearing on September 2nd,2010, and rwarded it to the City Council for consideration,and; WHEREAS,copies of the Subdivision Code were ordered,and were filed in the office of the City Clerk of the City of Ozark for inspection and view by the public prior to the passage of this Code, and; WHEREAS,The municipality forthwith gave notice to the public,by publication in a newspaper with general circulation within the municipality, stating that copies of the code, are and have been open to public inspection in the office of the City Clerk prior to the passage of the code adopted by reference as aforesaid. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OZARK,ARKANSAS: Section 1: That the Subdivision Code is hereby adopted by reference as the Official Subdivision Code of and for the City of Ozark,pursuant to A.C.A. 14-55-207,by which three copies shall be filed with the Ozark City Clerk for public inspection. Section 2: That any Code or Ordinance in conflict with this Code is hereby repealed. Section 3: That the City Council,having found that the economic development of the City is being hampered by delay in adoption of this Code,an emergency is hereby found to exist, and this Ordinance shall be in full force d erect from and after its passage and adoption. PASSED AND ADOPTED: v C Mayor A est 0 City Clerk TITLE 15 SUBDIVISION CODE Chapters: 15.04 General Provisions 15.08 Definitions 15.12 Procedure and Requirements 15.16 Design 15.20 Required Improvements CHAPTER 15.04 GENERAL PROVISIONS Sections: 15.04.01 Policies 15.04.02 Purposes 15.04.03 Authority 15.04.04 Jurisdiction 15.04.05 Application 15.04.06 Resubdivision of Land 15.04.07 Enactment 15.04.08 Interpretation 15.04.09 Severability 15.04.10 Conflicting Regulations 15.04.11 Amendments 15.04.12 Waiver of Conditions and Variances 15.04.13 Appeals 15.04.14 Vacation 15.04.15 Enforcement 15.04.16 Penalty 231 15.04.01 Policies The policies underlying the provisions of this title are set forth in the following: A. It is declared to be the policy of the City of Ozark hereinafter referred to as"the city"to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the municipality pursuant to the Comprehensive Plan of the city for the orderly,planned, efficient, and economical development of the community. The term"adopted plans" shall specifically include any officially adopted plan concerning the physical development of Ozark. B. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and land shall not be subdivided until adequate public facilities and improvements exist and proper provision has been made for drainage,water, sewerage, and capital improvements such as schools, parks, recreational facilities, transportation facilities, and improvements. C. The existing and proposed public improvements shall conform to and be properly related to the provisions and standards contained in the building code, zoning code, Comprehensive Plan, Official Zoning Map, and other capital budgets and programs of the city. D. Except in cases where the Fire Chief or Marshall has discretionary authority or the City has adopted more stringent regulations. The Arkansas Fire Prevention Code shall supersede any regulations contained herein. E. Land that has been subdivided prior to the effective dated of these regulations should,whenever possible, be brought within the scope of these regulations. 15.04.02 PuKposes These regulations are adopted for the following purposes: A. To protect and provide for the public health, safety, and general welfare of the city; B. To guide the future growth and development of the Planning Area in accordance with the Comprehensive Plan, including the Master Street Plan; C. To provide for adequate light,air,and privacy,to secure safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population; D. To protect the character and the social and economic stability of all parts of the city and to encourage the orderly and beneficial development of the city through appropriate growth management techniques assuring the timing and sequencing of development,promotion of infill development in existing neighborhoods and non- 232 residential areas with adequate public facilities,to assure proper urban form and open space separation of urban areas,to protect environmentally critical areas and areas premature for urban development; E. To protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings; F. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks,playgrounds, recreation, and other public requirements and facilities; G. To provide the most beneficial relationship between the uses of land and buildings and the connectivity and circulation of traffic throughout the city, having particular regard for the avoidance of congestion in the streets and highways and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines; H. To establish reasonable standards of design and procedures for subdivisions and re-subdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land; I. To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table, and to encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability, and beauty of the community and the value of the land; J. To preserve the natural beauty and topography of the municipality and to ensure appropriate development with regard to these natural features; K. To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of development as established in the zoning code of the city; L. To remedy the problems associated with inappropriately subdivided lands, including premature subdivision, excess subdivision, partial or incomplete subdivision, scattered and low-grade subdivision. 15.04.03 Authority This Land Subdivision and Development Code is promulgated in accordance with the authority cited in Arkansas Code Annotated § 14-56-401 through § 14-56- 426. 233 15.04.04 Jurisdiction These regulations shall be applicable to all lands within the city and its Planning Jurisdiction and, also, to lands either contiguous to or served by Ozark's city water or Ozark's city sewer. The Planning Jurisdiction will include those areas depicted on the Planning Area Map, copies of which are on file with the City Clerk of the city and the Franklin County Recorder. 15.04.05 Application These regulations and development standards shall apply to the following forms of land subdivision and development. A. All subdivisions or platting of a tract lot parcel of land into two or more tracts, lots, sites, or parcels, any of which,when subdivided, shall contain less than five acres in area. B. The dedication or vacation of any street or alley through any tract of land regardless of the areas involved as may be desired by the owner or if necessary to achieve conformance with the Comprehensive Plan; or C. The construction of any street or public utility through any tract of land within the Planning Area Boundary of the city as stated herein. D. Large-scale Developments: The following types of development shall be deemed a large-scale development and subject to the requirements of this code: 1. Buildings or developments placed on a lot of land three (3)acres or larger 2. A development on one lot containing a building or buildings with a combined square footage of 10,000 square feet or larger. 3. All multi-family housing developments with more than 20 units. 4. Any commercial building or establishment designed or intended for the sale of petroleum or other flammable products or any commercial or industrial use with accompanying hazards. 5. Routine commercial developments not meeting any of the criteria listed above shall not require planning commission approval. However, in unique cases, the building inspector may require planning commission approval prior to the issuance of a building permit. E. Exempted Developments: The following types of development shall be exempted from the requirements of this code: 1. The division of land into tracts of five acres or greater which does not involve the dedication,vacation, or reservation of any public or private easement, including those of public or private utilities,through any of the tracts involved shall not constitute a subdivision. 234 2. The e City s engineer may exempt a minor purchase of a portion of an adjoining parcel where the size of the land being acquired is smaller in area than the minimum lot for the appropriate zoning and where it can be determined that the purposes of the Land Development and Subdivision Code are not being subverted. 15.04.06 Resubdivision of Land Re-subdivision of land may be accomplished as follows: A. Any change in an approved or recorded plat other than lot splits or re- combinations shall be considered a re-subdivision and subject to approval by the city. For re-subdivision,the same rules,regulations, and procedures applicable to subdivision shall apply. B. Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that such lots may eventually be subdivided into smaller building sites,the city may require that such parcel of land allow for the future opening of streets and the extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement before plat approval is given. 15.04.07 Enactment In order that land may be subdivided in accordance with these purposes and policies, these regulations are hereby adopted and made effective as of the date of adoption. All applications for subdivision approval, including final plats,pending on the effective date of these regulations shall be reviewed under these regulations except that these regulations will not apply if preliminary plat approval was obtained prior to the effective date of these regulations and the subdivider had constructed subdivision improvements prior to submission of the final plat as required by the municipality unless the Planning Commission determines on the record that application of these regulations is necessary to avoid a substantial risk of injury to public health, safety, and general welfare. 15.04.08 Interpretation In their interpretation and application, the provisions of these regulations shall be held to the minimum requirements for the promotion of the public health, safety, and general welfare. These regulations shall be construed broadly to promote the purposes for which they were adopted. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other provisions of these regulations or any other ordinance, rule or regulation, or other provision of law,the provision which is more restrictive or imposes higher standards shall control. 15.04.09 Severability If any part of provision of these regulations or the applications of under the regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction,the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered and it 235 shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The Ozark City Council hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application which is judged to be invalid. 15.04.10 Conflicting Regulations Upon the adoption of these regulations any existing regulations in conflict with this code are hereby repealed. 15.04.11 Amendments On any proposed amendments to these regulations, the Planning Commission shall hold a public hearing, for which fifteen days advance notice in a local newspaper of general distribution has been published. Following such a hearing,the City may adopt the amendment or amendments as determined by a vote of the Planning Commission followed by legal adoption of the regulations by vote of the City Council. 15.04.12 Waiver of Conditions and Variances Where the Planning Commission finds the extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances, exceptions and waiver of conditions to these regulations so that substantial justice may be done and the public interest secured, provided that the variance, exception, or waiver conditions shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Planning Commission shall not approve variances, exceptions, and waiver of conditions unless it shall make findings based upon the evidence presented to it in each specific case that: 1. The granting of the variance,g S lance, exception, or waver of conditions will not be detrimental to the public safety, health, or welfare or injurious to other property; 2. The conditions upon which the requests are based are unique to the property for which the relief is sought and are not applicable generally to other property; 3. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; 4. The relief sought will not in any manner vary the provisions of the Zoning Code, or Comprehensive Plan, except that those documents may be amended in the manner prescribed by law. 5. That in addition to the conditions listed above, there would be no public benefit served by a strict application of the pertinent regulations. A. Conditions of Waiver or Variance In approving variances, exceptions, or waivers of conditions, the Planning Commission may require such conditions as will, in its judgment, secure substantially the purposes of these regulations. 236 B. Procedures for Waivers and Variances A petition for a variance, exception,or waiver of conditions shall be submitted in writing by the subdivider at the time when the preliminary plat is filled for the consideration of the Planning Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner. C. Waivers-Findings Such findings of the planning commission,together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the planning commission meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety or welfare may be secured and substantial justice done. Pecuniary hardship to the developer, standing alone, shall not be deemed to constitute undue hardship. 15.04.13 Appeals Appeals of decisions by either any administrative official or the planning commission shall handled by the Board of Zoning Adjustment as outlined in the Ozark Zoning Code. 15.04.14 Vacations Vacation of existing plats may be carried out according to the following regulations. A. Any plats or any part of any plat may be vacated by the owner of the premises, at any time before the sale of any lot therein, by a written instrument,to which a copy of such plat shall be attached, declaring the same to be vacated. B. Such an instrument shall be approved by the Planning Commission in like manner as plats of subdivisions. The City Council may reject any such instrument, which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys. C. Such an instrument shall be executed acknowledged, or approved, and recorded or filed, in like manner as plats of subdivisions; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys, and public grounds, and all dedications laid out or described in such plat. D. When lots have been sold,the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such writing. 15.04.15 Enforcement In addition to the requirements established herein, all subdivision plats shall comply with all other applicable rules, regulations, and laws including, but not limited to: Comprehensive Plan,Zoning Ordinance (within the City's corporate limits), building and housing codes, and any other regulations adopted by the City Council; and any regulations or special requirements by the State Health Department, State Highway and Transportation Department, or other appropriate State agencies. It shall be the duty of the Building Inspector • 237 . and the Planning Commission to enforce these regulations and to bring to the attention of the Mayor and the City Attorney any violations or lack of compliance herewith. In order to carry out the purposes of the regulations and to assure an orderly program of land development after the effective date of these regulations: A. No plat of any tract of land within the planning area jurisdiction of the Planning Commission shall be accepted by the Circuit Clerk-Recorder for filing of record unless the plat has been approved by the Planning Commission. B. No conveyance by metes and bounds of tracts or lots coming under the definition of subdivision of land, within the planning area jurisdiction,without compliance with the applicable provisions of this Code or amendments thereto shall be permitted. C. No dedication of streets shall by itself be accepted by the City unless the 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 redevelopment or subdivision,the street may not be accepted until accompanied by the required plat. D. No public utility, whether publicly or privately owned, shall provide, extend, or authorize the extension of services to any lot, building, structure, or location within the area under the jurisdiction of the Planning Commission unless: 1. The lot, building, or structure was established before the adoption of this Subdivision Code; or 2. A plat of the location has been approved by the Planning Commission and filed and recorded in the office of the Circuit Clerk-Recorder; or 3. The plan for the proposed service by the public utility has been approved by the Planning Commission as provided in the State Statutes. E. No building permit shall be issued for any new structure on any lot or tract of land which does not comply with all of the provisions of this Code, including the installation of all improvements adjacent to or associated with said lot. F. If the Planning Commission disapproves a portion of the improvements as having not satisfied the improvement plan or conditions stated herein: 1. The City Building Inspector shall advise the developer in writing of the deficiencies. 2. The City Building Inspector may issue an order to cease all work on the improvements of the development. M 238 3. The City Building Inspector shall advise the mayor and the City Council of any notices of enforcement actions taken. 4. The Planning Commission shall review and issue requirements necessary to settle all unresolved disputes with the developer. 15.04.16 Penalty Any person, firm, or corporation that violates any provision of these regulations or amendments thereto shall be guilty of a misdemeanor and on conviction shall be fined not less than one hundred dollars($100.00). Each day that violation of these regulations is in effect shall constitute a separate offense and be subject to additional fines of one hundred dollars ($100.00)per day. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations,to prevent unlawful construction,to recover damages, to restrain, correct, or abate a violation,to prevent illegal occupancy of a building structure or premises, and these remedies shall be in addition to the penalties described above. CHAPTER 15.08 DEFINITIONS Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practices. Wherever used in this code, the"may" is permissive, while the word"shall" is mandatory. For the purposes of interpreting this code, certain words used herein are defined as follows: Alley A minor public way used for utility easement and vehicular service access to the back side of properties abutting a street. Bond Security in the form of and limited to a cash deposit surety bond underwritten by a bonding company licensed to do business in the State of Arkansas, or instrument of irrevocable bank credit in an amount and form satisfactory to the City that can be unilaterally drawn upon by the City for the completion of proposed improvements by a developer. Boundary Street An existing street abutting on any side of the parcel of land being subdivided. Boundary Street Improvement All improvements and right-of-way dedications necessary to meet the standards set forth in the city's Master Street Plan/Comprehenisve Plan transportation element and the city's storm water management regulations. Building Line The line within a property, which defines the minimum horizontal distance between the building and the adjacent property line. 239 City City of Ozark, Franklin County, Arkansas City Engineer,City Attorney,City Clerk,Building Inspector Any office referred to in this Code by title shall be the person so retained in this position by the City, or his/her duly authorized representative. Cul-de-sac A local street with only one outlet and having an appropriate terminal for safe and convenient reversal of traffic movement. Circuit Clerk/County Recorder The Circuit Clerk of Franklin County, Arkansas. Easement A grant by the property owner of the use, for a specific purpose or purposes, of land by the public, a corporation, or certain purposes. Engineer A person duly authorized under the provisions of the Arkansas Engineering Registration Act to practice the profession of engineering in the State of Arkansas. Improvements A betterment of the existing condition of the land, such as streets, extensions of utilities, grading or excavation, or other actions resulting in permanent changes in the condition of the land. In-Lieu-Of Contribution A cash contribution for required improvements instead of immediate construction. Incidental Subdivision Lot Splits, minor p subdivisions, lot recombinations, replats, or one-lot subdivisions that require submittal to the planning commission. Lot A distinct and separate undivided tract or parcel of land having access on a public street, which is, or in the future may be offered for sale, conveyance,transfer, or improvement as a building site. Lot,Corner A lot located at the intersection of and abutting on two or more streets. Lot,Double Frontage A lot which runs through a block from street to street and which has two non-intersecting sides abutting on two streets. Lot,Reverse Frontage A double frontage lot which is designed to be developed with the rear yard abutting a major street and with the primary means of ingress and egress provided on a minor street. Lot Split A lot-split is a subdivision which involves the dividing or re-dividing of a land area within any recorded subdivision, and which does not involve the dedicating, vacating, widening, narrowing,or changing of alignment of any thoroughfare, street, alley, or easement. 240 Minor Subdivision A subdivision or replat of a subdivision involving four lots or less, and in which no streets or easements are required, no waivers are requested, and the subdivision is not part of a larger tract to be developed in phases. Pavement Width The portion of a street available for vehicular traffic; where curbs are laid, it is the distance from back of curb to back of curb. Plat,Preliminary Any plat of any lot,tract, or parcel of land that is not to be recorded, but is only a proposed division of land that is presented for review and study by the Planning Commission; and to provide the basis for installing site improvements and utilities, and for dedicating and/or reserving land for public use. Plat,Final Any plat of any lot, tract, or parcel of land requested for acceptance of site improvement and dedication of land for public use,and to be recorded in the deed and plat records of the Circuit Clerk. Public Utility Any person, firm, corporation, municipal department, or board, duly authorized to furnish and furnishing under regulations to the public, electricity, gas,telephone, television cable,telegraph, transportation, drainage, water, or sanitary sewerage. Replatting The subdivision of any part of previously a platted subdivision or lot. Right-of-Way Dedicated public right-of-way providing vehicular and pedestrian access to adjacent properties. Street A public right-of-way, however designated,which provides vehicular access to adjacent areas. Street Right-of-Way Width The shortest distance between the lines which delineate the right-of-way of a street. It runs from abutting property lines to abutting property line. Subdivider or Developer Any individual, association, firm, corporation or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. The terms "subdivider"and"developer" shall be restricted to include only the owner, equitable owner, or authorized agent for such owner or equitable owner, or land to be divided. He/She is sometimes referred to herein as the"applicant." Subdivision The division by platted lots or metes and bounds of any lots,tracts, or parcels of land situated within the jurisdictional area of the City of Ozark with two or more lots for sites for immediate or future purpose of sale or development, or for laying out residential, commercial, or industrial lots, streets, alleys, or portions intended for public use or the use of purchasers or owners of lots fronting thereon or of the land, lots, or tracts. 241 CHAPTER 15.12 PROCEDURE AND REQUIREMENTS Sections: 15.12.01 General 15.12.02 Plat Requirements 15.12.03 Preliminary Plat 15.12.04 Final Plat 15.12.05 Minor Subdivisions 15.12.06 Large Scale Development 15.12.01 General A subdivider proposing to make or have made a subdivision within the territorial jurisdiction shall not proceed with any construction work on the proposed subdivision, including grading, before obtaining preliminary plat approval; nor shall he attempt to record the plat of the subdivision or any part thereof prior to obtaining final plat approval from the Planning Commission. 15.12.02 Plat Requirements The following pages outline g p g specific requirements for all plat submittals. Plat Requirements: City of Ozark, Arkansas a F. a '^ u 8 0 REQUIREMENTS ___M — A phasing plan outlining the boundaries for each phase and the location of all monuments for the subdivision Accurate locations and adequate physical descriptions of all monuments shall be shown indicating size,type of material and construction thereof. Adjoining property by activity and business name, if applicable; As-built drawings Bearings and distances, adjusted, shown on all boundary lines and ties 242 Plat Requirements: City of Ozark, Arkansas A a o o ^e REQUIREMENTS to all corners of record utilized. Where boundary lines are curves, sufficient curve data shall be provided to adequately describe and field locate the curve.As a minimum,curve data for each curve shall consist of radius,arc distance, delta angle and chord bearing and distance. Where boundary lines are common with previously platted properties, record bearings and distances shall also be shown. Bill of assurance proposed for the subdivision generally describing proposed covenants,restrictions and conditions applicable to a property shall be submitted for review at the time of preliminary plat review. J Boundary lines indicated by a heavy line Building outline,sidewalks, curbs, drives,parking,and striping. Existing trees greater than 18 inches in diameter Certificate of engineering accuracy Certificate of owner Certificate of surveying accuracy Certifications that the plat of the subdivision boundary has been surveyed and duly filed for record in the offices of the state surveyor Covenants,restrictions or bill of assurance,existing and/or proposed Cultural and natural features and flood plain Curb cuts for development and curb cuts of adjacent properties; including those across the street, street intersections;these items shall be dimensioned relative to each other,proposed. Development Type Drainage improvements and drainage runoff quantities(cubic feet per second),prepared by a Professional Engineer, with points of entry and exit for the development, show flood hazard area. Exterior lighting quantity, direction,and pattern Exterior speaker location(s)and direction(s) Fees 243 Plat Requirements: City of Ozark, Arkansas a wv� ,IAQGrn REQUIREMENTS Homeowners Association rules License number and registration for all professionals Location of tract by legal description giving acreage to the nearest one- tenth of an acre Municipal and or county boundaries that pass through or abut the subdivision. Name and address of developer. Name and address of owner of record Name of Development Name of Subdivision Static pressure and flow of the nearest hydrant �I Open space/green space/landscaping,proposed ,J Point of beginning from a permanent well defined reference point, clearly labeled. Proof property taxes are current Soil tests where indicated Source of title to property giving deed record book page number or instrument# Street names, class per Master Street Plan,rights-of-way,centerlines, and easements bordering or transversing the property. Subdivision Type Tabulation by lot and/or tract showing area and width at front setback line Vicinity Map covering a minimum area within a radius of one-half mile of the proposed subdivision at a scale of at least(1)inch to two thousand feet. The vicinity map shall generally locate arterial streets, highways, section lines,railroads,schools,parks and other significant community facilities. Written approval of any wastewater treatment facilities by the AEDQ, 14 � 4 244 Plat Requirements: City of Ozark, Arkansas a w � a., ,a R •q � 8o v� a w � v� aApGrn REQUIREMENTS 'I YIIF Of, stiRMISS10i Arkansas Dept. of Environmental Quality Written approval of water and wastewater facilities from the Arkansas State Dept. of Health Zoning classifications within the plat and abutting areas ,J 15.12.03 Preliminary Plat When any subdivision of a tract of land is proposed to be made,the subdivider or his agent shall submit to the Planning Commission a letter of intention, which may at the option of the subdivider include a preliminary sketch plan. The subdivider's letter shall indicate the location and size of the tract,the proposed time schedule,the date on which the subdivider proposes to submit his preliminary plat for Planning Commission review, and such other information as the subdivider deems important for recognition by the Planning Commission. If the proposed subdivision is a portion of a tract which is later to be subdivided in its entirety, then a tentative master plan for the entire subdivision shall be submitted with the preliminary plat of the portion first to be subdivided. The master plan shall conform in all respects to the requirements of the preliminary plat, except that it may be on a scale of not more than 1" =200', and all dimensions may be scaled. Upon review of the letter of intention,the Planning Commission may recommend a Pre- Application Conference to be held between the subdivider, a committee of the Planning Commission, and/or the Planning Commission's designated agents for land planning and engineering. A. Pre-Application Conference When a major subdivision of a tract of land within the Planning Commission's jurisdiction is proposed, the subdivider is urged to consult early and informally with the administrative staff of the City and/or designated members of the Planning Commission. The subdivider may submit sketch plans and data showing existing conditions within the site and in its vicinity and the proposed layout and development of the subdivision. At such meeting,the general character of the development will be discussed and items will be included concerning zoning, utility service, street requirements, and other pertinent factors related to the proposed subdivision. 245 The purpose of the Pre-Application review is to afford the subdivider an opportunity to avail himself of the advice and assistance of the Planning Commission in order to facilitate the subsequent preparation and approval of plans. B. Application for Certificate of Preliminary Plat Approval Whenever a subdivision or large scale development is proposed to be made and before any sale of lots located in said subdivision as a whole or any part thereof is made, or before building permits are approved,the subdivider shall first submit twenty (20)days prior to the planning commission meeting at which consideration is requested an application for a Certificate of Preliminary Plat Approval to the planning commission which shall consist of: 1. A letter of request, including requests for any waiver(s)of conditions from the regulations contained herein. 2. Plats,plans and data as specified in Section 15.12.02, concerning existing conditions within the site and its vicinity and which shall convey the intentions of the subdivider as to the proposed layout and type of development. Five (5) copies such plans shall be made available to the planning commission 3. The subdivider shall pa a fee of$50.00 plus $2.00 for each lot in the Y p subdivision,to the City of Ozark. Payment is due upon application for a preliminary plat. 4. Source of title to the property C. Construction Drawings The subdivider or designated representative must submit complete construction drawings for the proposed subdivision in the following manner. 1. With approval of the City's engineer,the subdivider may postpone submittal of construction drawings until after the preliminary plat is approved. The city shall not issue an Authorization to Proceed,however, until the City's engineer has received and approved construction drawings. 2. Construction drawings shall include the plans and profiles for all streets, drainage,water, sewer and all utility easements,typical cross sections, detail drawings and specifications. The City's engineer or his designee shall review and approve the drawings and notify the Developer, Planning Commission, and other city staff of the result of this review. 0 246 D. Planning Commission Action The Planning Commission shall review preliminary plats at its regularly scheduled monthly meeting at which time interested persons may appear and offer evidence in support of or against such preliminary plat. The Planning Commission shall then approve, conditionally approve, deny or defer the plat.No construction may commence on any portion of the development until an Authorization to Proceed has been issued by the Planning Commission Chairman. 1. Approval of the Preliminary Plat The following describes the process by which the preliminary plat is approved. A preliminary plat approved by the Planning Commission with a Certificate of Preliminary Plat Approval shall be effective and binding upon the Commission for a period not to exceed twelve(12)months or as long as work is actively progressing, at the end of which time the final plat application for the subdivision or an extension request must have been submitted to the planning commission. Any plat not receiving final approval or an extension with the period of time set forth herein or otherwise not conforming to the requirements of this regulation, shall be null and void, and the developer shall be required to submit a new plat of the property for preliminary approval subject to all zoning restrictions and these regulations. The preliminary plat will be approved by the Planning Commission when the applicant has provided clear and convincing evidence that: a. Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed; b. If a public sewage system is proposed, adequate provision has been made for such a system and, if other methods of sewage disposal are proposed,that such systems will comply with federal, state, and local laws and regulations. C. All areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions. d. The existing municipal transportation is adequate to accommodate the traffic to be generated by the subdivision. The Planning Commission may require, as part of plat approval, a traffic study, prepared by a professional traffic engineer and paid for by the developer, demonstrating that existing street can handle the proposed traffic. e. The developer has taken every effort to mitigate the impact of the proposed subdivision on public health, safety, and welfare. 247 2. Disapproval of the Preliminary Plat Disapproval of a preliminary plat shall be governed by the following. a. A disapproved Preliminary Plat may be resubmitted. The plat shall be submitted to the City's engineer for review as outlined in this regulation for an original preliminary plat submission. 3. Authorization to Proceed with Construction Receipt of an approved or conditionally approved copy of the preliminary plat,together with an approval by the City engineer of the construction drawings shall constitute authorization by the Planning Commission for the subdivider to proceed with the preparation of the final plat, the installation of improvements, and the staking out of lots and blocks. The subdivider, after conditional approval of the preliminary plat, shall complete all improvements required under this Code. E. Other Requirements 1. Engineering Analysis In addition to the submittals required in Section 15.12.02,the following engineering analyses shall be submitted with preliminary plat. a. Street profiles shall be included showing existing and proposed elevations along center lines of all roads drawn at a horizontal scale of 20'to 50'to the inch and a vertical scale of 2'to 5'to the inch, or as otherwise allowed by the City's engineer's Office. Such profiles shall be prepared by an engineer registered to practice in the State of Arkansas. b. At the option of the City's engineer, street cross sections of all proposed streets shall be included at a minimum of fifty(50)foot stations as follows: On a line at right angles to the centerline of the street, said elevation points shall be at least at the centerline of the street, at each property line and at points twenty-five (25) feet inside each property line. C. Flood plain Analysis - Where a portion of a plat is suspected to be flood prone, and the U.S. Army Corps of Engineers information is not available, an engineering analysis shall be required by the City's engineer. Such analysis shall determine to the best of the engineer's ability a safe building line and shall be clearly and legibly drawn on the preliminary plat. d. Soils Test- Soils tests may be required by the City's engineer where it is suspected that soil conditions may affect structural or operational aspects of the facilities to be constructed. Such circumstances may include the stability of slopes, foundation 248 conditions, and potential hazards created by deep cuts and fills required for street or utility construction and similar situations. 2. Survey Standards All surveying must be done by a Professional Surveyor and must be conducted to the Arkansas Minimum Standards for property Boundary Surveys and Plats. 3. Preliminary Plat Certificates Each preliminary plat submitted to the Planning Commission shall carry the following certificates as appropriate: Certificate of Surveying Accuracy hereby certify that this plat correctly represents a boundary survey made by me and all monuments shown herein actually exist and their location,size, type and material are correctly shown. Signed Date of Execution Name Professional Surveyor No. Arkansas Certificate of Preliminary Engineering Accuracy hereby certify that this plat correctly represents a plat made by me,and that engineering requirements of the Ozark Subdivision Code have been complied with. Signed Date of Execution Name Professional Engineer No. Arkansas 249 Certificate of Preliminary Plat Approval All requirements of the Ozark Subdivision Code relative to the preparation and submittal of a Preliminary Plat having been fulfilled, approval of this plat is hereby granted, subject to further provisions of said Rules and Regulations. This Certificate shall expire: Date of Execution Chairman,Ozark Planning Commission City's engineer 15.12.04 Final Plat A. Application for Approval of the Final Plat Whenever the provisions of these rules and regulations have been complied with and while the Certificate of Preliminary Plat Approval is in effect, the subdivider may submit to the Ozark Planning Commission an application for review and approval of the Final Plat which shall consist o£ 1. A letter of application requesting review and final approval of the plat. 2. Five copies of the final plat and other documents as specified in Section 15.12.02. 3. The subdivider shall pay a fee of$10.00 plus $0.50 for each lot in the subdivision,to the City of Ozark. Payment is due upon application for final plat approval. 4. The final plat shall show all certificates as specified in Section 15.12.02, and with the Certificate of Owner, Certificate of Engineering and Certificate of Surveying Accuracy being executed. 5. If all improvements have not been installed, a performance bond based on equal value of the estimated cost plus 25 percent of the improvement. 6. The final plat shall conform to the preliminary plat, and it may constitute only that portion of the approved preliminary plat that the subdivider proposes to record and develop at any one time, provided that such portion conforms to the requirements of these rules and regulations. 250 B. Approval of the Final Plat There shall be a minimum time between preliminary plat approval and final plat review by the commission of two months. The final plat of the proposed subdivision shall be submitted to the Planning Commission for final approval while the Certificate of Preliminary Plat Approval remains in effect. If not submitted for final approval within such time, the preliminary plat shall be considered as having been abandoned, unless the Planning Commission agrees to an extension of time. If the subdivider requests permission to develop only a portion of the property for which the preliminary plat was approved,the Planning Commission may grant approval of a final plat for said portion alone.For residential plats such stages shall contain at least three(3) lots of the approved preliminary plat seeking final plat approval. The Planning Commission may require a performance bond for the public improvements in an amount as commensurate with the stage of the plat being filed and may defer additional performance bond requirements until additional stages of the plat are offered for filing. The Planning Commission shall approve or disapprove the final plat within forty- five (45) days of receipt thereof; otherwise said final plat shall be deemed to have been approved, and the certificate of said Commission as to the date of submission of said final plat for approval and as to the failure to take action thereon within such time shall be sufficient in lieu of approval. Disapproval of the plat shall be transmitted to the subdivider with the reasons therefor within a reasonable time after the meeting at which the plat was disapproved. The original plat and all copies shall be retained and distributed in accordance with the provisions contained herein Final Approval of the Final Plat shall be indicated by the execution of a Certificate of Final Plat Approval on the Plat. The Commission may execute a Certificate of Final Plat Approval when the City Clerk and the planning commission has determined that the sub-divider has fully complied with the provisions contained herein. Approval of the final plat by the Planning Commission shall not constitute the acceptance by the public of the dedication of any streets or other public ways or grounds,nor does it constitute authority for the plat to be recorded. C. As-Built Drawings Upon completion of the installation of the improvements required by these rules and regulations,the subdivider shall present to the City's engineer one complete set of the "as built" construction plans and drawings showing the subdivision and its improvements. This set of plans and drawings shall include: 1. Plans of all streets and alleys showing the location of all utility lines. 251 2. Centerline profiles of all streets. 3. Profiles or invert elevations of all storm and sanitary sewerage lines as such improvements shall have actually been installed by the subdivider. 4. A letter submitted by a Professional Engineer certifying that all improvements and installations have been made in accordance with the submitted construction plans and drawings and the standards established by the city or the county, and said improvements and installations are functioning properly. D. Acceptance of Public Dedications Before the Final Plat is recorded in the office of the County Recorder, an agreement shall be reached between the subdivider or his agent and the City Council. Said agreement shall be with regard to the installation of any street improvements to utility construction called for in the subdivision plat; the dedication and/or reservation of lands for public use; the dedication and acceptance of utilities and improvements; and other agreements as required in the Planning Commission's approval of the plat. The City Council must receive one of the following prior to accepting the public dedications and before the final plat will be eligible for recording: 1. A certificate submitted by the subdivider and approved by the City Council, stating that all required improvements and installations to the subdivision have been made, added,or installed; or 2. A cash deposit in the full amount as determined by the City, necessary to complete the improvements and installations in compliance with this Code for the portion of the subdivision for which final plat approval is sought. Such cash deposit may be withdrawn in direct proportion to the amount of work completed as approved by the City; or 3. An executed agreement with the City which shall: a. Be in an amount determined by the City to be sufficient to complete the improvements and installations for the subdivision in compliance with this Code. b. Specify the time for the completion of the improvements and installations. C. Be accompanied by a performance bond which shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution. The period of time shall be specified in the resolution approving the final plat and shall be incorporated in the bond, and shall not in any event exceed two (2)years from the date of final approval. 252 E. Warranjy The developer shall warranty all improvements of the subdivision for a minimum of one year after the as-built drawings have been accepted in writing by the city and the defects of subgrade or pavement have been last repaired. Repairs shall be made by the developer in accordance with applicable construction standards. Repairs shall include, limited to, localized pavement surface failures, subgrade failures, and drainage deficiencies. F. Recording Upon approval of the final plat and acceptance of the public dedications by the City Council, the Planning Commission shall have the final plat recorded in the office of the Circuit Clerk. The subdivider shall pay all fees in connection with the recording of said plat. The final plat shall be filed in the office of the Circuit Clerk within two (2) years after approval by the Planning Commission; and if not filed within such time, said approval shall be considered as having been abandoned. Upon recording the plat, the City shall retain the original tracing and one copy for the Planning Commission's files, one copy shall be forwarded to the Tax Assessor and one copy shall be returned to the subdivider. G. Final Plat Certificates -Each final plat submitted to the staff for approval shall carry the following certificates printed thereon. Certificate of Owner We,the undersigned owners of the real estate shown and described herein,do hereby certify that we have laid off, platted,and subdivided,and do hereby lay off,plat, and subdivide said real estate in accordance with this plat. Signed Date of Execution Name: Address: Source Of Title:Book Page Instrument Number: 253 Certificate of Recording This document,number filed for record ,20 Plat Book Page Signed Name: Clerk: Certificate of Engineering Accuracy hereby certify that this plat correctly represents a plat made by me,and that engineering requirements of the Ozark Subdivision Code have been complied with. Signed Date of Execution Name Professional Engineer No. Arkansas Certificate of Surveying Accuracy hereby certify that this plat correctly represents a boundary survey made by me and all monuments shown herein actually exist and their location,size,type and material are correctly shown. Signed Date of Execution Name Professional Surveyor No. Arkansas 254 Certificate of Final Plat Approval All requirements of Ozark Subdivision Code relative to the preparation and submittal of a Preliminary Plat having been fulfilled,approval of this plat is hereby granted, subject to further provisions of said Rules and Regulations.This Certificate shall expire: Date of Execution Chairman,Ozark Planning Commission City's engineer 15.12.05 Minor Subdivisions When a lot-split or minor subdivision, as defined, is involved,the subdivider shall prepare and file with the Planning Commission an Application for Approval of Lot-Split or Minor Subdivision. Said Application shall be filed with the planning commission at least twenty (20) days prior to a regular meeting of the Planning Commission. The Application for Approval of Lot-Split or Minor Subdivision shall consist of a letter, a map, and such other data and information as may be desirable to support the Planning Commission's approval. Three (3) copies of the Plat Map shall be included with the Application; and the letter shall state the subdivider's intention regarding the lot-split or minor subdivision. The required content of the plat is set forth below in Section 15.12.02. The planning commission is hereby authorized to review the Application for Approval of Lot- Split or Minor Subdivision and provide approval. The Planning Commission shall review the final plat of the minor subdivision or lot split. If the final plat is satisfactory in light of the objectives of this Code and all required information is contained thereon, the Planning Commission shall certify its approval of the plat, make proper notation on the original tracing of said plat, and permit the plat's recording in the office of the Circuit Clerk-Recorder. 15.12.06 Large Scale Developments A. Procedure The Developer of the commercial or large-scale development shall prepare and file with the Planning Commission an application for approval of development. Said application shall be filed at least twenty (20) days prior to a regular meeting of the Planning Commission. B. Fees Fees for the filing of Large Scale Developments shall be one hundred ($100.00)dollars. The applicant shall submit all necessary fees and meet all submittal requirements at the time of the filing application. 255 C. Application The application for approval of the development shall consist of a letter(describing the intended uses of the buildings), a site plan, and such other data and information that may be desirable to support the Planning Commission's approval. five (5)copies of the site plan, prepared by a registered engineer or licensed surveyor, shall be included with the application. The application must be signed by the owner of the property (supported by a deed of record), and any person representing the owner or developer before the Commission. The site plan shall contain all information as outlined in Section 15.12.02 D. Planning Commission Procedure The Planning Commission shall review the application at the next regularly scheduled meeting after receiving the completed application with all required attachments. If the Commission determines that the development is appropriate, as submitted,then it shall approve it. The Commission may require the developer change the plan as submitted, and may disapprove applications that conflict with any of the provisions of this code. The City Council may (upon referral from the Planning Commission), disapprove applications that relate to the building of a structure deemed to be unsafe, unsanitary, obnoxious or detrimental to the public welfare. (See A.C.A. - 14-56- 202] E. Building g ermit Upon obtaining approval from the Planning Commission,the developer may commence construction after obtaining a building permit and any other required permits. F. Limitations The approval from the Planning Commission shall be limited to the type of building/development stated within the letter accompanying the application. Should the developer decide to build or develop on the property in a manner inconsistent with the use as stated in the letter and site plan accompanying the application,the applicant must submit a new application to the Planning Commission for approval. Should the developer build or develop the property for a use contrary to the use stated in his application,the approval previously granted by the Planning Commission shall become null and void, and the developer shall cease construction/building on the property upon receipt of notice from the city Building Inspector, City's engineer, City Attorney, or Mayor. CHAPTER 15.16 DESIGN 15.16.01 Conformance to Existing Plans lans The purpose of this portion of the Code is to specify the basic and minimum requirements for lots, blocks, streets, and other physical elements in new subdivisions. These standards constitute the minimums which are to be observed by developers. In order that the various purposes of this Code may be accomplished, all subdivisions hereinafter established(1) shall conform with the various elements of the Comprehensive Plan including the location of major thoroughfares and streets,the location of 256 parks, playgrounds, schools and other public sites, and appropriate land uses; and (2) shall be designed to conform with the minimum zoning and building regulations for the are in which the proposed subdivision is located. 15.16.02 Suitability of Land Lands subject to flooding or topographically unsuitable for residential occupancy and which the Planning Commission considers unsuitable for subdividing shall not be platted for any use that may increase the danger to health, life, or property, or aggravate erosion of flood hazard. If such land is in the proposed plat,this land shall be set aside for such land uses as will not be affected by periodic flooding or unsuitable topographic conditions unless adequate corrective measures are formulated by the developer and approved by the Planning Commission. 15.16.03 Design where Future Resubdivision is Indicated Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that such lots will be eventually resubdivided into small building sites,the Planning Commission may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat. 15.16.04 Provision of Land for Public Use The Planning Commission may require reservation of suitable sites for public uses indicated on the Comprehensive Plan for a period of up to twelve (12)months after the filing of a Letter of Intent to Develop by the subdivider. Such reservations shall be referred to the appropriate public board,commission, or body having jurisdiction or financial responsibility,to permit the opportunity to acquire said sites either through purchase,taking an option, or the filing of condemnation proceedings under the power of eminent domain. The failure or refusal of any public entity to acquire lands designated as suitable sites for public uses within twelve (12)months of the filing of a letter of intent to develop by the subdivider shall relieve the subdivider of any responsibility to hold such land for future public purposes. 15.16.05 Subdivision Design Standards The quality of design of the urban area is dependent on the quality of design of the individual subdivisions that comprise it. Good community design requires the coordination of the efforts of each subdivider and developer in the urban area. Therefore,the design of each subdivision shall be prepared in accordance with the principles established by the Comprehensive Plan for land use,traffic circulation, community facilities, and public utility services,and in accordance with the following design standards: A. Streets The arrangement, character, extent,width, grade,and location of all streets shall conform to the elements of the Comprehensive Plan and shall be designed in accordance with the following provisions: Local residential streets shall be laid out so that their use by through traffic will be discouraged. The arrangement of streets shall be such as to cause no hardship in the subdividing of adjacent properties. The Planning Commission may require the dedication of street rights-of-way to facilitate the development of adjoining 0 properties. 257 Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. Furthermore,proper access in the form of stub streets or temporary dead-end streets shall be provided to adjacent unplatted property unless, in the judgement of the Planning Commission,topographic conditions or similar physical impediments preclude reasonable provision of such access, or alternate routes of access are, or will be, available in the future. Whenever a subdivision abuts or contains an existing or proposed major street, the Planning Commission may require service streets, reverse frontage with planting contained in a non-access reservation along the rear property line, deep lots,or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. There shall be no reserve strips controlling access to streets,except where the control of such strips is definitely placed with the City under conditions approved by the Planning Commission. Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half-streets. Where an existing half-street is adjacent to a new subdivision,the other half of the street shall be improved and dedicated by the subdivider. The Planning Commission may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of- way width within his own subdivision boundaries. The street names shall require the approval of the Planning Commission. Streets that obviously are in alignment with streets already existing and named shall be given the name of the existing street. 1. Right-of-Way Widths The right-of-way width shall be the distance across a street from property line to property line. The minimum street right-of- way width shall be as follows: Arterials 100 feet Collector Streets 60 feet Local Commercial Streets 60 feet Local Residential Streets 50 feet Alleys 20 feet Cul-de-sacs(residential) 100 feet diameter Cul-de-sacs or courts designed to have one end closed should be no more than six hundred(600)feet long without special permission of the Plan- ning Commission and Fire Marshall or Chief. Such streets will be provided at the closed end with a turn-around of not less than eighty (80) feet roadway diameter(outside to outside of roadway surface). 258 Subdivisions that adjoin existing streets shall dedicate additional right-of- way to meet the minimum street right-of-way width requirements. Where any part of the subdivision is on both sides of the existing street,the entire required right-of-way shall be dedicated. Where the subdivision is located on only one (1) side of an existing street and the land across the street from the proposed subdivision has been subdivided or developed,the subdivider is required to provide enough additional right-of-way on his side of the roadway to bring the total right-of-way to the required width. Where the subdivision is located on only one(1) side of an existing street and the land across the street from the proposed subdivision has not been subdivided or developed,the subdivider is required to provide enough additional right-of-way on his side of the street to bring the total right-of- way to a width of not less than fifty (50) feet. 2. Street Grades The minimum grade for all streets shall be 0.5%unless the developer offers a suitable design for draining the street of surface storm water. 3. Intersections The center line of no more than two(2) streets shall intersect at any point. Street intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle of less than sixty(60) degrees. Curb radii at street intersections shall not be less than twenty(20) feet; unless trees or utility poles require less; and where the angle of a street intersection is less than seventy-five(75) degrees,the Planning Commission may require a greater curb radius. When necessary to permit the construction of a curb having a desirable radius without curtailing the sidewalk at a street corner to less than normal width,the property line at such street corner shall be rounded or otherwise set back sufficiently to permit such construction. Proposed new intersections along one side of an existing street shall,when practical, align with any existing intersections on the other side of such street. Street jogs with centerline offsets of less than 150 feet shall not be allowed unless special circumstances warrant a variance as specifically approved by the Planning Commission. Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create any traffic hazard by limiting visibility,the developer shall cut such ground and/or vegetation in connection with the grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance. 259 4. Horizontal Curves Curvilinear streets are recommended for residential and collector streets in order to discourage excessive vehicular speeds and to provide attractive vistas. Whenever a street changes direction or connecting street lines deflect from each other by more than ten (10) degrees,there shall be a horizontal curve. To insure adequate distance,the minimum center line radii for horizontal curves shall be as follows: Arterial Streets 300 feet Collector Streets 200 feet Local Service Streets 100 feet Between reverse curves there shall be a tangent having a length of not less than one hundred(100) feet. B. Alleys Alleys may be required at the rear of all lots to be used for business purposes,but shall not be provided in residential blocks except where the subdivider produces evidence satisfactory to the Commission of the need for alleys. The width of an alley shall be not less than twenty(20)feet. Where alleys are provided: 1. Intersections and sharp changes in alignment shall be avoided. 2. Dead-ends shall be avoided where possible. C. Easements Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least ten (10)feet wide. Where a subdivision is traversed by a water course,drainageway, channel, or stream,there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course,and such further width or construction, or both, as will be adequate for the purpose. Parallel streets may be required in connection therewith. No building or structure may be erected over or in an easement. D. Blocks The lengths,widths, and shapes of blocks shall be determined with due regard for the following. 1. Provision of adequate building sites suitable to the special needs of the type of use contemplated. 2. Zoning requirements as to lot sizes and dimensions. 3. Needs for convenient access,circulation,control,and safety of street traffic. 260 4. Limitations and o pp ortunities of topography. Blocks of less than three hundred (300)feet in length or more than one thousand, two hundred(1,200)feet in length are discouraged except as the terrain itself makes blocks of other lengths desirable. When a block exceeds six hundred (600) feet in length,the Planning Commission may require a dedicated easement not less than fifteen (15)feet in width and a paved crosswalk not less than four(4) feet in width to provide pedestrian access across the block. Blocks used for residential purposes should be of sufficient width to allow for two tiers of lots of appropriate depth. Blocks intended for business and industrial use should be of a width suitable for the intended use,with due allowance for off- street parking and loading facilities. E. Lots The shape of residential lots shall not be required to conform to any stated pattern. The Planning Commission shall judge lot shape on the type of development and on the use to which the lots will be put. Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation at both streets. Lot dimensions: 1. Lots within the city limits shall conform to the requirements of the Zoning Ordinance. 2. Lots not served by sanitary sewer and/or public water supply shall be of sufficient size to conform to the regulations and specifications of the Arkansas Health Department. 3. The minimum building setback line shall be not less than twenty-five(25) feet from any right-of-way. Side lot lines should be approximately at right angles or radial to street lines. Double frontage and reverse frontage lots should be avoided except where they are needed to provide for the separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten(10) feet shall be provided along the portion of the lots abutting such a traffic artery or other use where screening is required. There shall be no right of access across a planting screen easement. At the discretion of the Planning Commission,the developer may substitute for an easement and a planting screen a permanent ornamental fence or wall of a height and architectural 261 design which will appropriately screen and be harmonious with residential or other neighborhood elements; but there shall still be a restriction upon the right of access, and such restriction shall be clearly designated on the plat and Bill of Assurance. In residential districts which abut railroad rights-of-way, a buffer strip at least 25 feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-of-way. This strip shall be part of the platted lots and shall be designated on the plat: in . The placement of structures hereon This strip s reserved for screening.g p is prohibited." Additionally, rear yard setbacks shall not include this area. The size of properties reserved or laid out for commercial or industrial uses should be adequate to provide for off-street parking facilities and services required by the type of use and development contemplated. When developed within the city limits,they shall conform to the Zoning Ordinance. CHAPTER 15.20 REQUIRED IMPROVEMENTS 15.20.01 General Provisions Every subdivider shall be required to install streets, utilities, and public improvements in accordance with the following standards and specifications. All projects shall be constructed according to the approved plans and specifications of a Registered Professional Engineer. When the improvements required by these rules and regulations have been completed and installed,the Registered Professional Engineer shall submit a letter to the Mayor, City Engineer, and Building Inspector certifying improvements and installations have been made in accordance with approved construction plans, specifications, drawings, and the standards established by the City, and are functioning properly. Additional inspections shall be made in accordance with other applicable ordinances. The Building Inspector or City Engineer shall then inspect those facilities, improvements and installations for conformance with plans and specifications. If such final inspection reveals that there are any defects or deficiencies in such improvements as installed or that the improvements differ from the final engineering plans and specifications,the Building Inspector or City Engineer shall notify the subdivision engineer and contractor in writing of such defects, deficien- cies or deviations. The subdivider shall, at his expense, correct such defects or deviations within six(6)months of the date of notification. When such defects, deficiencies or deviations have been corrected, the subdivider shall notify the Mayor in writing that the improvements are again ready for final inspection. A Maintenance Bond shall be furnished by the Contractors to cover all construction and improvements under the jurisdiction of review and approval of the City of Ozark. All other 262 public utilities installed in a development shall be subject to the administrative review and bonding procedures as set out by the respective public utilities and shall not be subject to the provisions of this section of these regulations. Contractors shall furnish a Maintenance Bond to the City covering any defects in materials and workmanship for the required improvements installed by that Contractor in the amount of fifty (50)percent of the total cost of those improvements. The bond(s) shall be in full force and effect for not less than one year from the date of the letter from the Mayor certifying that all improvements have been completed and approved, and further stating that any and all defects in materials and workmanship shall be corrected by the Contractor by the end of the bond period. Work performed under the terms of the Maintenance Bond shall be approved by the Mayor. 15.20.02 Improvements Every subdivider shall be required to install, at the developer's expense, or to have installed by the appropriate public utility,the following improvements. A. Streets—Grading All streets shall be cleared and graded as determined by the city's street specifications or otherwise as approved by the City Engineer. B. Streets—Finished Grades Finished grades of all streets shall be in accordance with the city's street specifications or otherwise as approved by the City Engineer. C. Streets—Pavin g paving Street avin widths shall be in conformance with standards set forth in the Master Street Plan. D. Streets—Curbs and Gutters Curbs and gutters,where required, shall be installed according to the city's specifications. The Master Street Plan shall determine when curbs and gutters are required. E. Sidewalks—General Sidewalks shall be installed as required by the Master Street Plan. F. Sidewalks—Widths Where required, shall be a minimum of five feet wide and shall be installed within the dedicated right-of-way a minimum of five feet from the curb line, except where otherwise specified in this section and except where the land is topographically unsuited for the construction of sidewalks. The Planning Commission may, at its option, require five foot sidewalks in conjunction with commercial subdivision approvals or in other places of public assembly, or anticipated heavy pedestrian traffic volumes. G. Sidewalks—Accessibility Sidewalk ramps shall be constructed to permit wheelchair access at street intersections. The ramp specifications shall meet or exceed the most current ADA standards. H. Storm Drainage All subdivisions shall be provided with a storm drain system that is designed and constructed to accommodate stormwater that originates in or traverses the subdivisions. 263 I. Storm Drainage within Street Right-of-way Within any street right-of-way, an underground drainage system shall be required with inlets as necessary. Concrete valley gutters shall be used at all surface cross drains where surface flow is less then three(3)cubic feet per second. Underground drainpipes are required fall all surface area drains where flow is greater then three(3)cubic feet per second. The design of all concrete valleys is subject to review and approval at the Building Inspector. J. Monuments Concrete monuments four(4) inches in diameter(or four inches square) and 30 inches long with one-half(1/2) inch metal reinforcing rod the length of the monument shall be placed with the top flush to the ground at all points of intersection of the boundary of the subdivision and at diagonal corners of all intersections streets. The location of all monuments shall be shown on the final plat. K. Lot Corners All lot corners shall be marked with metal pins not less than 3/8" in diameter and 16" long and driven so as to be flush with the finished grade. L. Monument Standards All monuments shall be installed and certified as such by a professional surveyor after all improvements have been completed and accepted by the City's engineer. All monuments shall comply with the Arkansas Minimum Standards for Property Boundary Surveys and Plats. M. Fire Hydrants Fire hydrants shall be placed in accordance with the Arkansas Fire Prevention Code. N. Street Name Signs Street name signs shall be placed on diagonally opposite corners of each street intersection in conformance with standards adopted by the city. O. Street Lights and Standards In subdivisions improved with underground wiring, the Developer shall install ornamental light standards with street lights for the subdivision(in contrast to wood poles normally provided by the power company). The staff shall approve location of street lights as indicated on the preliminary plat. P. Water Supply—Public Where a public water supply is within a reasonable distance,the subdivider shall install or have installed a system of water mains and connect to such supply. A connection to each lot shall be installed prior to the paving of the street. Q. Water Supply—Private Where a public water supply is not available,the subdivider shall furnish the Building Inspector satisfactory evidence that a sufficient quantity of water of a quality approved by the State Board of Health is available to each individual lot. 264 R. Sanitary Sewage Disposal—Public Where a public sanitary sewer is within a reasonable distance of any point of a subdivision,the subdivider shall connect with such sewer and provide a connection to each lot. Such sanitary sewage system shall be installed prior to the installation of the street pavement. S. Sanitary Sewage Disposal—Private Where a public sanitary sewer is not accessible, an alternate method of sewage disposal for each lot, or a community sewage disposal system may be used when in compliance with the standards of the Arkansas State Health Department and these regulations. T. Sanitary Sewage Disposal—Planned Where public sanitary sewer mains are to be available in a reasonable time,the Commission may require the sewer collection system to be installed and capped and an alternate temporary method of sewage disposal designed for each lot. 15.20.03 Boundary Street Improvements A. Purpose and Applicability In order to improve the capacity of existing or planned traffic facilities,the City of Ozark will require boundary street improvements when proposed subdivisions will abut existing streets. B. Administration The Planning Commission shall be responsible for requiring improvements in the public right-of-way consistent with these regulations C. Payments The city Clerk's office shall be responsible for receiving,recording, depositing, and reporting in-lieu cash contributions as determined by the Planning Commission. The city Clerk's office shall maintain a Boundary Street Improvement account and shall furnish a yearly report summarizing the account to the Mayor and City Council. This report shall include both the principal and the interest earned for the accounting period. D. Developments Included The following property classifications shall comply with this article. 1. Subdivisions 2. Large scale developments 3. Commercial Developments not otherwise covered E. Streets Included and Improvements Required Improvements are required for the streets types listed below as indicated. 1. State Highways: Right-of-Way Dedication, if requested in writing by the Arkansas Highway and Transportation Department, for the One-Half Street Section abutting the proposed subdivision or development. 265 2. Arterial Streets designated on the city's Master Street Plan -Right-of-Way Dedication for the One-Half Street Section abutting the proposed subdivision or development. 3. Other Collector Streets included in the Master Street Plan: Boundary Street Improvements on the One-Half Street Section abutting the proposed subdivision or development. F. Other Ordinances Not Affected Nothing herein shall be construed to relieve any developer or property owner from requirements of other ordinances, including but not limited to the Zoning Ordinance, Flood Plain Management Ordinance or Storm Water Management Ordinances, including revisions thereto. G. Plat Approval No plat, site plan or building permit shall be approved unless the developer has complied with the provisions of these regulations. H. In-lieu requirements In-Lieu Contributions may be allowed when the City's engineer determines that In-Lieu Contributions would be in the best interest of the city. 1. In-lieu Contributions Instead of constructing Boundary Street Improvements,the developer shall contribute to the city a cash payment equal to one hundred(100) percent of the City's engineer' estimate of the cost of construction of the Boundary Street Improvements. In-lieu Contributions shall be reimbursed to the developer with interest, as determined by the city Clerk's office, as accrued while the funds were in the city's possession, if said funds are not expended for the specific required improvements within five (5) years from the dated of permit approval. The amount of the In-Lieu Contribution, plus accrued interest, shall be allocated by the City Council as a part of the total allocation for the construction project that includes the street segment abutting the development. J. Refunds The City Council must approve all refunds and may, at its discretion, refund proceeds before the five-year deadline. 266