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AN ORDINANCE ADOPTING LAND, SUBDIVISION RULES, REGULATIONS AND STANDARDS, PROVIDING PENALTIES FOR VIOLATION THEREOF AND DECLARING AN EMERGENCY
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WHEREAS, under authority of Acts of Arkansas 108 of 1929, 295 pf 1937 (Ark. Stats. 19-2811 et seq.), the City Planning Commission, after published notice and public hearing, according to law, has adopted the rules, regulations, standards and requirements as set out herein; and has done and performed all requirements of said statute preliminary to approval and adoption of such rules by the City Council.
BE IT ORDAINDED by the City Council of Jonesboro, Arkansas:
(1) That the following be, and they are approved and adopted by the City Council as the rules, regulations and standards which shall govern sub-divisions of land within the jurisdiction of the City Planning Commission and the City of Jonesboro.
(2) DEFINITIONS:
(A) Alley: A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
(B) Collector Street: A street which carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
(C) Dead End Street: A Street having no outlet at one end.
(D) Internal Major Street: A Street which is used primarily for fast or heavy traffic.
(E) Lot: The parcel of land intended for transfer or ownership or for building development.
(F) Major Highway: A road or street that forms a part of the existing State or Federal Highway System.
(G) Marginal Access Street: A street parallel to and adjacent to a major highway or an internal major street which provides access to abutting properties.
(H) Planning Commission: The Planning Commission of Jonesboro, Arkansas
(I) Residential Street: A Street which is used primarily for access to the abutting residential property.
(J) Street: A dedicated and accepted public way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, or however otherwise designated.
(K) Street Surface or Paving Width: Means the portion of the street available for vehicular traffic (i.e., curb to curb).
(L) Street Width or Right-of-way Width: Means the shortest distance between two (2) property lines of a street.
(M) Subdivision: A subdivision is a division of land into two (2) or more lots or parcels, including the combination or recombination of two (2) or more previously plotted lots. The term sub-division hall apply also to any division of land involving the dedication of a street to the public, provided, however, that any division of land for agricultural purposes, into lots or parcels of five (5) acres or more, shall not be deemed a sub-division unless street dedication or the installation of utilities are involved.
(3) PROCEDURE:
(A) Pre-Application: The sub-divider should consult with the Planning Commission for advice and assistance before the preparation of the preliminary plat and formal application for preliminary approval. This will familiarize the sub-divider with these regulations, the Master Street Plan and other official plans, policies and public improvements, which might affect the area.
(B) Preliminary Plat:
(1) At least five (5) business days prior to the meeting at which it is to be considered, the sub-divider shall submit to the Planning Commission five (5) copies of preliminary plat of the proposed sub-division, at a scale of one-hundred feet (100') to the inch.
(2) The preliminary plat shall give the following information when possible:
(3) The proposed sub-division name and location, the bearings and distances of its boundaries, the name and address of the owner or owners and the name of the designer.
(4) The date, north arrow and the graphic scale.
(5) The location of existing and platted property lines, streets railroads, buildings, bridges, culverts drain pipes, water mains, sewers, public utility easements, wooded areas, marshes and the zoning classification, if applicable, of the proposed sub-division and of the adjacent land.
(6) The proposed utility layouts (sewers, water, electricity, gas, etc.) showing feasible connections to the existing or proposed utility systems. When such connections are not feasible, any individual water supply or sewage disposal system must meet the requirements of the State Board of Health.
(7) Contour intervals of two feet (2'), or as required by the Planning Commission.
(8) The names, right-of-way and surface widths, approximate grades and locations of all proposed streets and alleys. The location and dimensions and use of proposed easements, lots, parks, reservations and other open spaces.
(9) The acreage of the land to be sub-divided.
(10) A draft or form of any protective covenants proposed by the sub-divider.
(11) Proposed profile of street grades.
(a) Within thirty (30) days after submission of the preliminary plat, the Planning Commission shall indicate its approval, disapproval, or approval with conditions. If disapproved, the reason for disapproval shall be stated in writing. If approved with conditions, these conditions shall be stated in writing. In its review, the Planning Commission shall submit the proposed plat to the City Water and Light Plant and the Street Committee of the Jonesboro City Council for consideration and report, and may further submit copies of the plat to the State Health Department or any other interested city, county, state or federal independent agency for consultation and advice.
(b) Approval, conditioned approval or disapproval of the preliminary plat by the Planning Commission shall be so noted, both on the preliminary plat and planning Commission records.
(c) Failure of the Planning Commission to act on the preliminary plat within thirty (30) days will be deemed approval of the preliminary plat.
(d) The approval of the preliminary plat shall lapse unless a final plat based thereon is submitted within one (1) year of such approval, unless an extension of time is applied for and granted by the Planning Commission.
(C) FINAL PLAT:
(1) The final plat shall conform substantially to the preliminary plat, as approved.
(2) At least five (5) business days prior to the meeting at which it is to be considered, the sub-divider shall submit five (5) reproductions of the original drawings at a scale of one inch (1") equals one-hundred feet (100'), or larger. When the plat has been approved by the Planning Commission, one (1) copy will be returned to the sub-divider, with the approval of the Planning Commission, certified thereon, for filing with the County Recorder as the official plat of record. The second copy containing the certification of the Planning Commission shall be returned to the sub-divider for his records. The other copies containing certification of the Planning Commission shall be retained for use of the Planning Commission.
(3) The Planning Commission shall approve or disapprove this final plat within thirty (30) days after its submission. Failure of the Planning Commission to act on this final plat within these thirty (30) days shall be deemed approval. If the plat is disapproved, the grounds for disapproval shall be stated upon the records of the Planning Commission.
(4) 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 way or ground. A certificate of acceptance of dedication may be adopted by the City Council and attached to copies of the approval plat before filing and recording.
(5) The final plat and plans shall show, when applicable:
(a) The names and lines, block and lot numbers, reservations, easements and any areas to be dedicated to public use of sites for other than residential use, with notes stating their purpose and any limitations.
(b) Sufficient data to determine readily and reproduce on the ground, the location, bearing and length of every street line, lot line, boundary line, block line and building line, whether curved or straight, and including true north point. This shall include the radius, central angle and tangent distance for the center line of curved streets and curved property lines that are not the boundary of curved streets.
(c) Profiles of all streets with natural and finished grades drawn to a scale of one inch (1") equals fifty feet (50') horizontal and one inch (1") equals ten feet (10') vertical or larger, when required by the Planning Commission.
(d) All dimensions to the nearest one-tenth (1/10) of a foot and angles to the nearest minute.
(e) Location and description of monuments.
(f) The names and locations of adjoining subdivisions and streets and the location and the ownership of adjoining un-subdivided property.
(g) Date, title, name and location of subdivision, graphic scale and true north point.
(h) Certificate of dedication by land owner.
(i) Certificate of accuracy by engineer or owner.
(j) The plan shall provide for all proposed utility lines in accord with existing policies, rules or regulations of the utilities, the City of Jonesboro, or other applicable regulations and approval of City Water and Light Plant, as to proposed sanitary sewer, water and electric lines, shall accompany the final plan.
(k) Adequate provision for drainage of surface water shall be made by the sub-divider and shown on the plan, and he shall, when required, file with the Planning Commission a description, specifications and drawings prepared by a registered civil engineer, which shall be adequate to provide drainage for area subdivided and for adjacent areas affected by drainage across or from such tract.
(6) The Planning Commission may cause a registered civil engineer to check the final plat for correctness, charging the cost to the sub-divider, if the plat is found to be seriously in error.
(4) GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN:
(A) Streets:
(1) Conformity to the Master Plan. The location and width of all streets and roads shall conform to the official Master Plan, which includes the Master Street Plan.
(2) The proposed street system shall extend existing streets or projections at the same or greater width, but in no case less than the required minimum width. Half streets will not be permitted. The Planning Commission shall designate each street as one of the following types.
(3) Street Widths - Minimum Right-of-way.
(4) Major Highways 120' un-platted areas, outside Corporate limits) 100' (platted areas, inside corporate limits)
(5) Internal Major Streets 80'
(6) Collector Streets 70'
(7) Residential Streets 60'
(8) Dead End Streets 50'
(9) Alleys 20'
(a) Sub-divisions that adjoin existing streets shall dedicate additional right-of-way to meet the above minimum street width requirements.
(b) When the sub-division is located on only one (1) side of an existing street, one-half (1/2) of the required right-of-way, measured from the center line of the existing roadway, shall be provided. In no case shall the resulting right-of-way width be less than fifty feet (50').
(1) When a tract fronts on a major highway, the Planning Commission may require such lots to be provided with frontage on a marginal access street.
(2) Grades on major highways and internal major streets shall not exceed seven percent (7 %). Grades on other streets may exceed seven percent (7 %), but not less than one-half (1/2) of one percent (1%).
(3) Where a deflection angle of more than ten degrees (10°) in the alignment of a street occurs, a curve of reasonably long radius shall be introduced. On streets seventy feet (70') or more in width, the center line radius of curvature shall be not less than three-hundred feet (300'); on other streets not less than one-hundred feet (100').
(4) Street intersections shall be as nearly at right angles as possible and when the angle is less than seventy-five degrees (75°), the property line at such an intersection shall be made on a radius of not less than twenty feet (20'). If a curb is required at such intersection, it also shall be constructed on radius concentric with the property line radius. A detailed design of the intersection may be required by the Planning Commission.
(5) A tangent of at least one-hundred feet (100') long shall be introduced between reverse curves on internal major and collector streets.
(6) Street jogs with center line offsets of less than one-hundred twenty-five feet (125') shall not be permitted.
(7) Residential streets or courts designed to have one (1) and permanently closed, shall be no more than four-hundred feet (400') long, unless approved by Planning Commission. There shall be provided, at the closed end, a turn-around having an outside roadway diameter of at least eighty feet (80') and a street right-of-way diameter of at least one-hundred feet (100')
(8) There shall be no private streets platted in any sub-division. Every subdivided property shall be served from a publicly dedicated and accepted street.
(9) Proposed streets, which obviously in alignment with others already exist and named, shall bear the names of existing streets. Names of proposed streets shall not duplicate existing names.
(10) Alleys must be provided to the rear of all lots to be used for business purposes and shall not be provided in residential blocks, except where the sub-divider produces evidence satisfactory to the Planning Commission of the need for alleys.
(B) Blocks: The Planning Commission may require blocks to be limited or extended in length or in depth and may require public cross walks through any part of the block.
(C) Lots:
(1) In so far as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines. Each lot must front upon a public street or road which is not less than fifty feet (50') in width.
(2) The size, shape and orientation of lots shall be such as the Planning Commission deems appropriate for the type of development and use contemplated. Where a public sanitary sewer is reasonably accessible, the sub-divider may be required to connect with such sewer and provide a connection to each lot. Nothing herein shall repeal any other ordinances or regulations regarding sewer connections. Where a public sanitary sewer is not accessible, an alternate method of sewage disposal may be used, when meeting all applicable public health regulations, laws or ordinances.
(a) Residential lots served by a public sewerage system shall not be less than sixty feet (60') wide at the building setback lines nor less than sever-thousand (7000) square feet in area.
(1) Setback lines for residential buildings shall be at least twenty five feet (25') front eh front lot lines. Corner lots shall have a setback from side street lot lines of at least twenty feet (20').
(D) Large Tracts or Parcels: When land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further re-subdivision.
(E) Large Scale Developments: (a.) A large scale development, including the construction of two (2) or more buildings, together with the necessary drives and ways of access, and which is not subdivided into the customary lots, blocks and streets, may be approved by the Planning Commission, if, in the opinion of the Commission, any departure from the foregoing regulations can be made without destroying the intent of the regulations. Plans for all such developments shall be submitted to, and approved by, the Planning Commission whether or not such plat is to be recorded and no building permits shall be issued until such approval has been given.
(F) Public Use Areas:
(1) Due consideration shall be given to the allocation of areas suitable located and of adequate size for the playgrounds and parks.
(2) The Planning Commission may require the dedication or the reservation of such open space within the subdivision up to a total of 10% of the gross area of the entire subdivided tract.
(G) Variances: No deviation from these general requirements shall be permitted or approved by the Planning Commission, except when a strict application of the requirements would cause undue hardship or injustice to the sub-divider. The Planning Commission and member of the City Council, at the same time serving on the Street Committee and member of the City Council, at the same time serving on the Street Committee of the Council, are designated as a Board of Adjustment with powers to waive or modify these requirements in keeping with the provisions of Ark. Stats. 19-2816. Any variance authorized must be in keeping with the spirit and intent of the general requirements and must be entered in writing in the minutes of the Planning Commission and the reason on which the departure was justified set forth.
(H) Zoning or Other Regulations: No final plat of land within the force and effect of any zoning ordinance will be approved unless it conforms to such ordinance. Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in zoning regulations, building code, or other official regulations, the highest standard shall apply.
(5) REQUIRED IMPROVEMENTS: Before sale of any lot, the sub-divider shall complete the following improvements to the entire block in which such lot is located, and to adjacent areas, sufficient to accomplish the planned drainage and access.
(1) Concrete monuments, at least four inches (4") in diameter or square, three feet (3') long, with a flat top, shall be set at the nearest property line to all corners of the subdivision. Metal pipe or rods, at least two inches (2") in diameter, three feet (3') long, shall be set at all block corners; angle points of curve in each street right-of-way line and at intersections of street lines with sub-division boundary lines. The top of the concrete monuments and pipes shall be set flush with grade. Metal pipe or rods, three-fourths of an inch (3/4") in diameter and three feet (3') long, shall be set at all lot corners.
(2) All streets shall be cleared and graded by the sub-divider to the full width of the right-of-way, with the exception of streets where a right-of-way of greater than eighty feet (80') is required. Finished grades shall b at levels as approved by City Water and Light Plant and Street Committee of the City Council, or the State Highway Department.
(3) The sub-divider shall provide permanent six inch (6") concrete curbs with integral concrete gutters, or standard rolled curbs and gutters, on all streets to follow specifications. However, where lots are being offered for sale, or valued by FHA or other agencies at $21.70, or less, per front foot, the sub-divider shall not be required to construct or provide curbs.
(a) Major Highways: As determined by the Planning Commission in consultation with the Highway Department and City Council.
(b) Internal Major Streets: As determined by the Planning Commission but not less than forth-four feet (44'), including curbs.
(c) Collector Streets: Forty-four (44'), including curbs
(d)Residential Streets: Thirty feet (30'), including curbs.
(e) Dead End Streets: Twenty-eight feet (28'), including curbs.
(f) Curbs shall be rounded at intersection on a radius of twenty feet (20') or more, as the Planning Commission requires.
(g) Internal Major and Collector streets shall be surfaced with two inches (2") road mix surface using liquid or emulsified asphalt, according to specifications set out by the Arkansas Highway Commission, or an equivalent type of a asphalt surface, on eight inches (8") of compacted gravel or stone base on a suitable sub-base, or with six inches (6") of concrete placed according to approved standard practice. Other streets shall be improved or surfaced according to standards adopted by the City Council.
(h) Surface water inlets and drains according to plan.
(i) Make provision for all available utilities and in connection with sanitary sewers, where available, cause installation of collector lines before surfacing streets.
(6) ENFORCEMENT AND PENALTY:
(A)No plat or subdivision of land within the City of Jonesboro, nor within the territorial jurisdiction of the City Planning Commission as same hereafter be established, shall be recorded until it shall have been approved as herein provided.
(B) No building permit shall be issued, nor shall any utility line or service be extended to nor serve any structure, and no person, firm or corporation shall sell or offer any lot or part of any subdivision for sale, nor construct any building, unless:
(1) The lot, building or structure was established before the adoption of this ordinance.
(2) All requirements of this ordinance and regulations hereunder have been done.
(C) Penalty: Any person, firm or corporation who shall violate any provision of this ordinance or the regulations authorized herein shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than Twenty-Five Dollars ($25.00) nor more than One-Hundred Dollars ($100.00). Each and every day during which a violation occurs shall constitute a separate offense.
(7) VALIDITY: If any section, paragraph, subdivision, clause, phrase or provision of rules and regulations shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of rules and regulations as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional.
(8) EMERGENCY CLAUSE: It is found that the sub-division of property and sale of lots, if done with-out adequate provision for requirements of drainage, public passageways and for utility services endangers the public welfare and that this ordinance containing regulations and requirements of the City Planning Commission adopted pursuant to statues of Arkansas is necessary for the preservation of the public peace, health and safety, an emergency is, therefore, declared and this ordinance shall be in full force and effect from and after its passage, adoption and publication.
PASSED and ADOPTED this 19th day of September, 1955.