Subdivision Regulations - C15

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Subdivision Regulations

SUBDIVISION REGULATIONS

Chapters:

 

15.04   Subdivision Regulations

15.08   Large Scale Development

 

CHAPTER 15.04

SUBDIVISION REGULATIONS

Sections:

 

            15.04.01          General

            15.04.02          Procedure

            15.04.03          Standards

            15.04.04          Utilities

            15.04.05          Mobile home parks

            15.04.06          Estate subdivision

            15.04.07          Off-site improvements

            15.04.08          Amendments

            15.04.09          Enforcement

            15.04.01 General

A.        Authority These subdivision regulations are adopted in accordance with the authority granted by Act 186 of the 1957 General Assembly of the state of Arkansas.

B.        Jurisdiction The territorial jurisdiction of this ordinance includes the land within the corporate limits of the city of Johnson, Washington County, Arkansas, the planning area identified on the planning area map adopted on November 13, 2007, by the Planning Commission.

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C.        Purpose The purpose of this ordinance is to set forth the procedures, requirements, and minimum standards governing the subdivision of land under the jurisdiction of the city of Johnson, Arkansas. Development of land means its division into two or more parcels, the extension or opening of streets (public or private), the extension or provision of utilities such as water, gas, electrical, and or sanitary for the purpose of providing access to and service of residential, commercial, or industrial users.

D.        Intent This ordinance is designed to promote the health, safety, and general welfare of the citizens, to insure the development of the city of Johnson in accordance with present and future needs, morals, order, convenience, prosperity, and general welfare of the city of Johnson in the process of development, and to provide for an adequate street system for the convenient and safe movement of traffic.

E.         Definitions Certain words in this ordinance are defined for the purpose of clarity and are as follows:

Alley – A minor public way used primarily for vehicular service access to the back or side of property abutting a street.

Building line – A line parallel to the front (street) property line in front of which no structure may be built.

Building permit – A written permit issued by city of Johnson Inspection Department permitting construction, erection, alteration, remodeling, or repair of a structure.

City Planning Commission – The commission created under Act 186 of 1957, as amended, to consider and recommend plans and regulations relating to the present and future needs of the city and its appropriate development.

Comprehensive plan – A long-range plan for the planning area adopted by the City Council, including plans for land use, streets, and community facilities.

Dedication – Land and improvements offered to the city, county, or state and accepted by them for public use, control and maintenance.

Easement – A grant by the property owner of the use by the public, a corporation or person(s), or strip of land for specific purposed.

Enforcement Officer – The Chief Building Inspector of the city of Johnson, Arkansas.

Health Officer – The legally designated health authority of the city of Johnson or his authorized representative.

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Lot – A portion of the subdivision or any parcel of land intended as a unit for transfer of ownership or for development.

Manufactured home – Any transportable residential structure manufactured into one or more sections which is ready to occupy after appropriate assembly and placement on a suitable foundation once utilities are connected at the site of the occupancy.

Mobile home – A vehicular portable structure built on a chassis and designed to be used without permanent foundation as a dwelling or for sleeping purposes.

Mobile home subdivision – Any plot of ground of at least five (5) acres in size intended for residential use and designed for the harmonious placement of mobile and manufactured homes.

Plat – A map or drawing containing information necessary to transfer, locate, and survey all property indicated therein.

Street – A public way intended for vehicular traffic and providing the principal means of access to the abutting property.

Subdivider – Any person, group, or other combination acting as a unit who desires to subdivide land as defined in the definition of a subdivision below.

Subdivision – Any division of land intended as a unit of transfer or for the development within the purpose and intent of these regulations.

Sidewalk – A pavement at the side of the street for pedestrians.

F.         Variance If the provisions of this ordinance are shown by the subdivider to cause undue hardship because of some unique feature of the land, then the City Council may grant a variance provided the variance will not have the effect to nullifying the intent and purpose of this ordinance. Notice procedure will follow the guidelines set forth in 15.04.03 (I).

G.        Conformance with official plans Any subdivision shall conform to the Comprehensive Growth Plan and associated plans, including the Major Street Plan, Community Facilities Plan, and other officially adopted plans of the city, as well as the accompanying ordinances and regulations adopted to help carry out those plans.

H.        Area subject to flooding Land subject to flooding shall not be subdivided until necessary corrective steps are taken and/or a registered professional engineer certifies that said lands are no longer subject to flooding. Any home built in a known flood plain will not be served by city utilities.

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I.          Right of City Council to have survey made The City Council may have a survey made of the boundary of the subdivision to determine if said description is correct. In the event there is an error in said description, the subdivider shall pay for said survey and correct the boundary description to the satisfaction of the City Council. (Ord. No. 96-14, Sec. 1.)

15.04.02 Procedure

A.        Acceptance of plats The Enforcement Officer shall not accept any sketch plan, preliminary plat, of final plat that does not conform to the minimum requirements of this ordinance. If the subdivider desires to develop only a portion of the total area intended for development, the Planning Commission shall require preliminary plat approval for the entire area to insure that the purpose and intent of these regulations are complied with, and a final plat shall be required only for the portions of the total area intended for present development, with additional final plat or plats to be required for other portions of the area as developed. Final plat on each phase shall not be approved prior to installation of all required off-site improvements.

B.        Appeal of decision of Enforcement Officer The subdivider may appeal any decision of the Enforcement Officer to the City Council by filing a letter of intent with the Recorder/Treasurer, who shall place the matter on the agenda of the next regular meeting of the City Council.

C.        Concept plan Whenever a subdivider intends to subdivide or develop land within the meaning of these regulations and before he prepares a preliminary plat, he shall file a letter of intent and sketch plan with the Enforcement Officer indicating the type of development intended and giving a general description of the land to be developed. Two (2) copies of the sketch plan shall be filed with the Enforcement Officer, one (1) copy to be returned to the subdivider with corrections and the other to be retained in the city files.

            1.         The following information shall be indicated on the sketch plan:

a.         Location of all streets and alleys interconnecting and bordering the subdivision;

b.         General location of street within the subdivision;

c.         General size;

d.         Ownership(s) of property adjacent to subdivision if not plated;

e.         Legal description;

f.          Location of property owned by public entities or by railroads and utilities when within or adjacent to the subdivision;

g.         Location map showing section or sections in which subdivision is located.

h.         Research for any additional requirements needed, sidewalks, greenspace/parks, etc.

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2.         The Enforcement Officer shall advise the subdivider in writing within ten (10) working days after presentation of the letter of intent and sketch that he may proceed with the preparation of the preliminary plat so long as he conforms with plans currently in effect. The Enforcement Officer shall also indicate what changes are necessary in the proposed division.

3.         The preliminary plat, when prepared and accompanied by supporting documents, shall be presented to the Enforcement Officer at least forty-five (45) days prior to the Planning Commission meeting at which it is to be reviewed. The subdivider shall submit twenty-five (25) copies of the preliminary plat for approval.

4.         The preliminary plat shall be distributed by the Enforcement Officer to the Technical Review Committee. The Technical Review Committee shall consist of but not necessarily limited to a representative of the following organizations:

            a.         Telephone or applicable phone service

            b.         Electric companies

c.         Northwest Arkansas Regional Planning Commission

d.         Water and Sewer Departments

e.         Fire Department

f.          Gas companies

g.         Cable companies

h.         Police Department

i.          City Engineer

j.          Enforcement Officer

5.         The recommendations of the Technical Review Committee shall be noted and presented to the Planning Commission for consideration during their review and action on each subdivision.

            D.        Preliminary plat approval and expiration

1.         Preliminary plat Upon satisfying itself that all plans, requirements, and conditions noted on the sketch plan have been met, the Planning Commission shall approve the preliminary plat. Any conditions shall be noted on one (1) copy of the preliminary plat and returned to the subdivider. Such approval shall permit the subdivider to proceed with design required improvements and preparations of final plat.

2.         Expiration of preliminary plat approval Preliminary plat approval shall expire one (1) year from date of approval by the Planning Commission, provided the plans for required improvements and the final plat have not

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been submitted for approval or the developer has not made any other arrangements for extension of the approval date. The approval time may be extended by the Planning Commission upon written request of the subdivider.

E.         Final plat The subdivider shall submit to the Enforcement Officer not less than twenty (20) days prior to the Planning Commission meeting at which consideration is requested, one (1) original reproducible stable base with sign off for each utility involved, Building Inspector, Planning Commission Chairman, and Mayor. Twenty-five (25) copies of the final plat, one (1) set of as-built plans, along with one (1) set of plans for improvements. Upon meeting the conditions of the preliminary approval, the requirements for improvements and submission of any other required documents, the subdivider shall be given final plat approval. Following approval of the final plat by the Planning Commission, the plat shall be submitted to the City Council for approval and acceptance. Following the City Council’s approval of the final plat, the subdivider may file the plat with County Recorder.

F.         Lot split procedure To allow for the transfer of land ownership without requiring an official plat the following lot split procedure is created. A lot split request shall include a survey with legal description and scaled drawing of the parcel being split showing dimensions of the new parcel created and shall include all rights-of-way and easements required for utilities and drainage. This survey shall be filed with the transfer documents if the request is approved. Two (2) kinds of land ownership transfer are permitted under this procedure.

1.         Transfer of land in a residential lot with frontage on an existing dedicated road which meets the Major Street Plan standards. No parcel shall be less than the minimum lot size required for sewer or septic tank installation or required by the governing zoning district.

2.         Transfer portions of platted lots to correct errors in survey, building placement which created substandard yard areas, or any other errors of a similar nature. To allow for the increase in lot area by attaching portions of other lots or tracts, provided the part being split off and attached to another tract is less than the minimum lot standard, and the remainder is greater than five (5) acres.

In the case of splits involving tracts larger than a residential lot, no more than two (2) such splits shall be allowed before a subdivision plat is required. The deed or other instrument of transfer shall be brought to the Enforcement Officer for processing. The Enforcement Officer shall check to see that all subdivision requirements, such as necessary easements, right-of-ways dedication, etc. are being met. The lot split should also be reviewed by the Technical Review

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Committee. Guidelines for notice and filing procedures are outlined in 15.04.03 (I). Once the lot plat has met all requirements the Enforcement Officer should stamp the deed of instrument of transfer indicating the Planning Commission’s approval and have it signed by the Chairman of the Planning Commission, Enforcement Officer, and Mayor. The stamp should indicate the lot split number and the date of approval. The end result of the lot split should not create any lots which would be below the area standard adopted by the city of Johnson.

G.        Information required for preliminary and final plat submittal Before the Planning Commission may grant preliminary approval and final approval in respect to plat requirements, the subdivider shall show the following information on the respective plats:

                                                                                    Preliminary                  Final

                                                                                    Plat                              Plat

            1.         Name of subdivision                           x                                  x

            2.         Boundary of subdivision with

                        description of enclosed property        x                                  x

            3.         Names and address of owner(s)

                        developer(s) and surveyor(s)               x                                  x

            4.         Acreage in subdivision tract                                                   x

            5.         Date, map, scale and north arrow       x                                  x

            6.         Location map showing section or

                        sections in which located                    x

            7.         Location of all streets (names to be

                        indicated) alleys, easements,

                        sidewalks within, interconnecting,

                        and bordering subdivision tract          x                                  x

            8.         Dimensions of sidewalks, streets,

alleys, easements block, parcel and

lot lines subtended, angles                  x                                  x

                        9.         Bearing of all lines not parallel or

                                    perpendicular to lines of known

                                    bearing. Interior angles of lots may

                                    be shown in lieu of bearings. All

                                    bearings shall be referred to true

                                    north                                                    x                                  x

                        10.       Location of monuments                                                          x

                        11.       Location of building lines                   x                                  x

                        12.       Location of railroads and other

                                    property owned by utilities (when

                                    applicable) and all utilities and

                                    easements of record                            x                                  x

                       

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13.       Legal description, lot and block                                             x

                        14.       Certification of registered engineer                                        x

                        15.       Dedication of streets, alleys, and

                                    easements for public use                                                         x

                        16.       Show sidewalks two (2) feet back

                                    of curb (both sides of street)               x                                  x

                        17.       Street lights (spacing two hundred

                                    fifty [250] feet maximum) High

                                    pressure sodium                                  x                                  x

                        18.       Drainage corrections with

                                    specifications                                      x                                  x

                        19.       Show fire hydrants (spacing five

                                    hundred [500] maximum feet)            x                                  x

                        20.       Give written explanations as

                                    needed e.g., off-site improvements    x                                  x

                        21.       Greenspace/parks with

                                    specifications and maintenance          x                                  x         

H.        Scale Plats shall be prepared at a scale of not more than one (1) inch equals two hundred (200 feet. (Ord. No. 96-14, Sec. 2.)

15.04.03 Standards

A.        Concept plan The sketch plan should generally be drawn to a scale not to exceed one (1) inch equals two hundred (200) feet. The location map should be drawn to a scale not to exceed one (1) inch) equal two thousand (2,000) feet. The purpose of the sketch plan is to acquaint the City Council with the subdivider’s intent to develop, to acquaint the subdivider with the various plans and ordinances in effect, and to clear up certain basic questions concerning design and necessary improvements. The information required before the sketch plan may be submitted appears in 15.04.02 (C).

B.        Preliminary plat The preliminary plat shall be drawn to scale not to exceed one (1) inch equals two hundred (200) feet, (i.e. one (1) inch equals one hundred (100) feet or one (1) inch equals fifty (50) feet. The information required before the preliminary plat may be submitted appears in 15.04.02 (D).

C.        Final plat The final plat shall be drawn to scale, not to exceed on (1) inch equals two hundred (200) feet, on stable base material using waterproof ink. The information required before the final plat may be submitted appears in 15.04.02 (E).

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D.        Streets The following are general standards to be used in the preparation of plats:

1.         The internal pattern should be as such as will lead to normal desired lines of travel. The location and alignment of local and collector streets should discourage “short-cuts” between major thoroughfares.

2.         Intersections should be, insofar as practicable, at right angles but not less than sixty (60) degrees, and no more than two (2) four-way intersections and should be avoided where possible. Street jogs with centerline offsets of less than one hundred twenty-five (125) shall not be permitted.

3.         Street location should be such as to provide each lot with the desirable elevation, size, and shape which will permit proper setback of structures and their satisfactory placement on the lot.

4.         Grades of streets shall be determined according to the prevailing terrain. Sufficient grade shall be provided to insure drainage.

5.         For streets not indicated on official plan, the arrangement of streets in the subdivison shall provide for the continuation or appropriate projection of existing streets in the surrounding area except where topographical or other conditions make continuance or conformance of existing streets impractical.

6.         As a general rule, street stubs to adjacent undeveloped will be provided.

7.         Street locations which create double frontage lots shall be discouraged.

8.         The following are the standard for street design:

                                                Local               Collector         Major               Commercial

                                                Streets             Streets             Streets             Service Road

Right-of-way                          50’                   60’                   80’                   50’

(min width)

Dead end streets                     500’                 no                    no                    no

(max. length, cul-de-sac)         250’

Minimum

Cul-de-sac radius                    50’                   no                    no                    no

Maximum grade                      12%                 6%                   6%                   6%

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Intersection to                         20’                   40’                   50’

curb cut

(min. distance)

Minimum paving                     30’                   36’                   48’                   24’

9.         For developers of all property facing present paved streets the developer must curb and gutter and pave to the present paving. The back of the curb shall be the distance from the center line of the street one-half (½) its width according to the Johnson Master Street Plan.     

10.       The initial street sign installation cost will be the responsibility of the developer and will be installed when the first lot is purchased. Signs will adhere strictly to city specifications.

E.         Blocks The use of rectangular blocks longer than wide is encouraged in the interest of economy to the developer and to the city in future maintenance of streets and other utilities. A block should not be less than four hundred (400) feet or more than fourteen hundred (1,400) feet long.

F.         Residential lots The shape of the residential lots shall not be required to conform to any stipulated pattern. Lots should be of such shape as to best accommodate the type of house to be built in order to provide for adequate spacing between houses.

1.         The minimum lot requirements shall be as required by the zoning ordinance. In cases where the zoning ordinance does not apply, the minimum requirements shall be as specified by this ordinance.

2.         The minimum area of the lot shall be nine thousand (9,000) square feet.

3.         The width of the lot at the building line shall be a minimum of seventy (70) feet.

4.         Corner lots for residential use shall have extra width to permit appropriate building setback from orientation to both streets.

G.        Easements All proposed plat shall allocate area of suitable size and location, wherever necessary, for utility easements. As a general principle, such easements shall be located on both sides of the rear lot line, and the combined total width shall be twenty (20) feet. In certain cases as required by the various utility companies, side lot line easements will be requested. The Planning Commission may require the subdivider to dedicate the right-of-way for expanding present streets and to establish building lines to allow for future acquisition of right-of-ways for arterial streets, or expansion of present streets.

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H.        Sidewalks Sidewalks shall be installed, according to existing city standards, specifications and ordinances adopted by the City Council, along both sides of all streets and cul-de-sacs and around entire circumference of the vehicular turn around in cul-de-sacs which lie within or abut to the plat. The construction of all sidewalks shall be inspected by the Enforcement Officer to insure compliance with city standards, specifications, and ordinances.

I.          Notice The Planning Commission must conduct a public hearing on any petition for a change of lot splits and variance requests before it can be considered for adoption by the City Council. A notice of the public hearing shall be published in the newspaper of general circulation in the city of Johnson, Arkansas, at least one (1) time fifteen (15) days prior to the hearing. Fifteen (15) days prior to the hearing, the Recorder/Treasurer shall have a sign which contains a copy of the notice and petition in clear weatherproof container stating the day, date, time and place of the hearing, placed in a conspicuous place in the street right-of-way to the property.

            The city shall provide the sign which shall be at least four (4) feet square and have the words “Lot Split Petition on this Property” or Variance Request on this Property,” which ever is appropriate in black letters two (2) inches high at the top of the white sign. A certified return receipt letter shall be sent, fifteen (15) days prior to the hearing to each adjacent property owner including property owners across streets and alleys. All variances and lot splits will be the responsibility of the property owner to pay for advertising and mailing of letters to adjoining property owners by certified return receipt mail with written certification by an abstract company on all topics. (Ord. No. 96-14, Sec. 3.)

15.04.04 Utilities

A.        All utilities in subdivision shall be underground.

B.        Concept plan and preliminary plat No information concerning actual improvements is required for either the concept plan or preliminary plat.

C.        Final approval Final approval shall be given after the approval of the plans for required improvements and when the following have been met:

1.         A contractual arrangement has been entered into with the city of Johnson to install necessary improvements.

2.         A performance bond based on value of the estimated cost of the improvements.

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3.         A deposit with the city of a sum equal to the estimated cost of the improvements. The developer may be permitted to draw on his deposit upon satisfactory completion of various stages of his improvements.

D.        Water Where public water is available, each lot shall be provided with water. Every subdivision within the water service area of the city of Johnson shall be provided with public water. Subdivisions outside the water service area but within the planning area will be judged individually by the City Council.

            All developments and developers will be expected to install all improvements at their own expense to the standards adopted by the city of Johnson. In the case of water, all lines in excess of two (2) inches shall be cast iron, or other substance line approved by the appropriate Water Department and any line under two (2) inches may be plastic so long as it meets class 200 standards.

E.         Sanitary sewers When the subdivision cannot be served by existing sanitary sewers, the disposal of sewage shall be in accordance with standards established by the Arkansas State Board of Health. Sanitary sewers shall be required in any subdivision within one thousand three hundred twenty (1,320) feet of a public system.

F.         Street improvements In all subdivision within the city limits and planning area of the city of Johnson, the streets shall be constructed in accordance with the street standards ordinance. All street improvements shall be installed at the developers expense to the standards adopted by the city of Johnson.

G.        Drainage Each subdivision shall provide a certified drainage study stamped by a professional engineer registered in the state of Arkansas for adequate handling of surface water to the end that it is properly discharged into natural drainage ways.

H.        Monuments The following requirements all govern the conditions for and placement of monuments in all subdivisions:

1.         Concrete monuments four (4) inches in diameter (or four (4) inches square) and thirty-six (36) inches long, with four (4) one-fourth (¼) inch or one-half (½) inch metal reinforcing rods 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 the corner of each forty (40) acre tract within the subdivision.

2.         One (1) out of each four (4) monuments shall contain a brass plate indicating elevation based on main sea level. (Control to be utilized is that of United States Geological Survey)

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3.         The location of all monuments shall be shown on the final plat.

            >(Ord. No. 96-14, Sec. 4.)

            15.04.05 Mobile home parks

A.        When mobile home parks are being developed, the following regulations are in addition to their requirements of this ordinance. All procedures and regulations to establish a mobile home park shall be the same as those for a regular subdivision.

B.        Unlawful location of mobile home or manufactured homes

1.         Mobile homes are permitted in mobile home parks located in districts zones R-4 and shall not be placed in any other location in the city of Johnson.

2.         No more than one (1) mobile home may be placed on a standard residential lot in a mobile home park.

3.         It shall be unlawful to allow any manufactured home to be placed on a lot outside of a mobile home park unless all local, state and federal requirements for stick built home are met.

4.         Any mobile home in a non-conforming zoning district prior to the effective date of adoption of this ordinance shall be accepted until its use is discontinued or abandoned for six (6) consecutive months. It shall not thereafter be allowed in a non-conforming zone.

C.        Location and drainage The mobile home park shall be located on a well-drained site, and shall be so located that its drainage will not endanger any water supply. The park shall also be free of marshes, swamps, or other potential breeding places for insects and rodents.

            There shall be at least three hundred (300) square feet of common recreation space per manufactured home lot, however, the minimum area of any common recreation area shall be eight thousand (8,000) square feet, and the minimum width of any such area shall be sixty (60) feet. Each required common recreation area shall be within three hundred (300) feet of each of the manufactured homes it is intended to serve, measured along a route of pedestrian access. Such recreation area shall be no closer than twenty-five (25) feet to any property line.

D.        Sewage disposal

1.         Sewer lines and connections shall be constructed in accordance with plans approved in writing by the Arkansas State Health Department and the appropriate water and sewer departments.

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2.         Each mobile home lot shall be provided with at least a four (4) inch connection to a public sewer which shall be adequately vented and laid with sufficient earth cover to prevent breakage from traffic.

E.         Electrical service All electrical service lines to mobile home lots shall comply with applicable local and state electrical codes and ordinances.

F.         Fuel source All mobile home lots shall be supplied with an approved electric or natural gas fuel source.

G.        Fire protection The mobile home park shall be subject to the rules and regulations of the Johnson Fire Prevention Authority.

H.        Streets and parking

1.         The minimum street right-of-way in a mobile home park shall be forty (40) feet. The minimum paving width shall be twenty-six (26) feet from back to back curbing. Streets shall provide for continuous forward movement, shall connect to a public street or highway and shall be hard surfaced and constructed in accordance with the city’s Street Standard ordinance.

2.         A minimum of two (2) off-street parking spaces, at least nine (9) feet by eighteen (18) feet each, shall be provided on each mobile home lot.

            I.          Building permits and certifications

1.         The owner of a mobile home or manufactured home must submit an approved building permit for the home before it can be registered. The owner must supply the necessary information to the Building Inspector and the home installation must be inspected and approved before a building permit can be issued and occupancy permitted.

2.         Each mobile home or manufactured home in a mobile home park shall be registered with the city of Johnson. The register shall be maintained by the Recorder/Treasurer and shall contain the following:

            a.         The subdivision lot number

b.         The manufacturer, date of manufacture, model and licensing number of the home including all federal certifications.

c.         The date of original installation of the home on the lot.

d.         The names and addresses of the original owner and occupant.

e.         The names and addresses of the current owner and occupant.

f.          In the event of transfer of ownership of the new owner must register ownership with the city of Johnson within thirty (30) days of purchase.

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J.          Plat requirements The following should be included in all mobile home park plats:

            1.         Location and width of all roadway paving and sidewalks.

2.         Location and dimensions of all on-site parking spaces and pre-constructed mobile home foundations.

            K.        Bulk and area requirements

1.         The total area of the mobile home park shall be at least five (5) acres and large enough to accommodate:

            a.         The designated number of mobile manufactured homes.

            b.         Necessary streets and roadways.

            c.         Parking areas for motor vehicles.

            d.         Common area to be used for park and playground.

                        2.         Minimum lot area and yard requirements are as follows:

                                    Lot area           Lot      Front               Side     Side yard         Rear

                                    (sq. ft)             width   setback*          yard     on street          yard

                                    5,000’              40’       50’                   10’       10’                   50’

*Measured from street right-of-way. All other yards measured from property line. (Ord. No. 96-14, Sec. 5.)

            15.04.06 Estate subdivision

A.        In addition to the city of Johnson’s regular subdivision zoning regulations, these are the “Estate Subdivision” regulations.

B.        Procedure All procedures and regulations to establish an Estate Subdivision shall be the same as those for a regular subdivision (i.e., 15.04.02 (A)) with these exceptions:

1.         An Estate Subdivision shall consist of ten (10) acres or more located in areas (but not necessarily limited to such areas) where sewer or other utilities are not available or not feasible or the terrain is such as to make a regular subdivision unacceptable.

2.         Estate Subdivision lots shall be a minimum of one (1) acre in size.

3.         All available utilities shall be buried underground.

            (Ord. No. 96-14, Sec. 6.)

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            15.04.07 Off-site improvements

A.        Generally, the developer shall be required to install off-site improvements, where the need for such improvements is created in whole or in part by the proposed development. Any required off-site improvements shall be installed according to city standards. The developer shall be required to bear that portion of the cost of off-site improvements which bears a rational connection to the needs created by the development.

B.        In determining that portion of the cost of off-site improvements which the developer shall be required to bear, the Planning Commission shall consider the acreage within the proposed development as a percentage of all the acreage which when fully developed, will benefit from the off-site improvements; provided, the Planning Commission may use a different method of measurement if it determines that use of the acreage standard will not result in the developer bearing the portion of the cost which bears a rational connection to the needs created by the development.

C.        When a proposed development has access to paved streets or roads only by way of substandard or unimproved roads or streets leading from the development to the paved streets or roads, the developer shall be responsible for contributing his proportionate share of the cost of improving the substandard access roads or streets to existing standards.

D.        Off-site drainage improvements shall be required whenever a proposed development causes the need for such improvements.

E.         The Planning Commission may table or reject any development until all funding for off-site improvements is agreed to by all concerned parties. (Ord. No. 96-14, Sec. 7.)

15.04.08 Amendments On any proposed amendments to these regulations, the Planning Commission shall hold a public hearing, for which fifteen (15) days’ advance notice in a local newspaper of general distribution has been published. Following such hearing, the City Council may adopt the amendment or amendments as recommended by the Planning Commission or as determined by a majority vote of the City Council. (Ord. No. 96-14, Sec. 8.)

15.04.09 Enforcement

A.        Enforcement

1.         The provision of this ordinance shall be administered by an Enforcement Officer designated by the City Council.

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2.         No structure shall be erected, moved, added to or structurally altered without a building permit. All applications for building permits shall provide such information as is necessary to determine conformance with these regulations.

B.        Penalty for a violation If the Enforcement Officer shall find that the provisions of this ordinance are being violated and shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action to correct it, should the person, firm, corporation, or agent responsible for said violation fail to take the necessary action to correct it, the enforcement shall notify the City Council, which shall certify the violation to the City Attorney. The City Attorney shall, within seven (7) days, apply to court having jurisdiction to remove the violation. Each day a violation exists after notification by the Enforcement Officer is a separate offense. The violator may be also charged with a misdemeanor and be subject to a fine not less than Twenty-Five Dollars ($25.00) nor more than One Thousand Dollars ($1,000.00). (Ord. No. 96-14, Sec. 9.)

 

CHAPTER 15.08

LARGE SCALE DEVELOPMENT

Sections:

 

            15.08.01          General provisions

            15.08.02          Applicability

            15.08.03          Development plan approval procedure

            15.08.04          Application and fee

            15.08.01 General provisions The provisions of this ordinance shall apply to all lands within the city of Johnson, Arkansas, and its planning area as defined on the official maps of the city of Johnson. (Ord. No. 2007-8, Sec. 1.)

            15.08.02 Applicability This ordinance establishes minimum design standards, providing minimum improvements to be made or guaranteed to be made by the developer, establishing overlay districts for certain highway corridors, establishing interstate signage districts for certain highway corridors, setting forth the procedure to be followed by the Planning Commission in applying these rules, regulations and standards and prescribing penalties for the violation.

            A Large Scale Development will be required for all projects meeting one of the following:

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A.        All new construction of commercial buildings in zones C-1, C-2, C-3, R-O, PUD, or I.

B.        All additions to existing commercial buildings where the addition is greater than or equal to 5,000 square feet in zones C-1, C-2, C-3, R-O, PUD or I.

C.        All new construction or additions to multi-family housing, if the new construction or addition exceeds 5 units in zones R-M.

D.        All changes from residential use to any other use classification of a building, without consideration of the zoning district at that location.

E.         All new construction or additions to existing buildings in the A-1 zone where the final building square footage exceeds 5,000 square feet.

F.         All placement of non-residential trailers.

G.        All parking lots over five (5) spaces in size.

            (Ord. No. 2007-8, Sec. 2.)

15.08.03 Development plan approval procedure Before a building permit can be issued for a development that is one-half (½) acre or over in size, other than a single family dwelling or a duplex, a development plan must be submitted to the Planning Commission for review and approval. A development that is less than one-half (½) acre in size, will be considered as a non-large scale development and must be reviewed and approved by the Mayor or authorized representative. The Mayor or authorized representative may require development lands to be submitted to the city Planning Commission where there are significant problems with storm drainage, traffic, pedestrian circulation, utility access, construction methods, impact on adjacent property or other factors.

Pre-application The developer is encouraged to consult with the Mayor or the appointed representative for assistance before the preparation of the large-scale development plan. At this time, he/she may request instructions and/or checklists to guide him/her in the preparation of the plans. This will familiarize the developer with these regulations, the master street plan, the land use plan, zoning regulations, and other official plans, policies and public improvements.

A.        Submission

1.         Large scale development plan The developer shall submit to the Planning Commission or the appointed representative fifteen (15) copies of a large scale development plan and one copy of the preliminary drainage report (as required by the drainage ordinance) before the submission deadline for technical plat review as established by the city and published as the schedule of meeting dates and submission deadlines.

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2.         Non-large scale development plan The developer shall submit to the Mayor or appointed representative six (6) copies of a non-large scale development plan.

3.         Approval of the large scale development plan or non-large scale development plan shall lapse after one (1) year unless construction is on-going and work is actively progressing on the installation of the required improvements.

B.        Submission data; plan requirements The development plan shall be drawn on acceptable material and at a scale of no smaller than 1” = 100’ on a maximum sheet size of 24 inches by 36 and contain the following minimum information.

            1.         Parcel number

            2.         Current zone

            3.         Copy of a file stamped warranty deed

4.         Name and address of owner, developer, engineer, surveyor and person preparing the plat

5.         Date, graphic scale, vicinity map, acreage, zoning and north arrow

6.         Flood zone statement, zoning, surveyor’s certification, stamp, and signature

7.         Name, address, and zoning of all adjacent property

8.         Location and description of all stakes and monuments

9.         Legal description of the property with dimensions and angles sufficient to locate all lines on the ground. Lots and blocks shall be identified, boundaries shall be shown by distance, and property shall be located by section, range, and township and by corporate limits.

10.       Existing condition

11.       Original topography at five-foot contour intervals where grades are over ten percent (10%) and two-foot contour intervals where grades are less than ten percent (10%)

12.       Location and names of existing or platted streets and utility easements within or abutting the plat

13.       Location of all prominent physical features such as buildings, railroads, parks, creeks, ponds and public spaces.

14.       Location and size of utility lines, watercourses, bridges, culverts, lakes, floodplains and underground installations within or adjacent to the plat

15.       Proposals

16.       Final drainage plan

17.       Location and size of utilities and drainage systems

18.       Location and size of any property to be dedicated or reserved with special conditions for special uses

19.       Supplemental information

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20.       Vicinity map to show the relation of the plat to streets and other information requested by the Planning Commission

21.       Number of each type of dwelling, total units, floor area per dwelling unit and total floor area. Floor area of commercial units divided between their usages

22.       Number of parking spaces per usage. Total spaces required. Total spaces provided. Rate at which the parking spaces were calculated for each use. Show typical dimension of parking space.

23.       Number of handicapped spaces required. Total handicapped spaces provided. Show typical dimensions for handicapped space. Show width of handicapped access area. Show location of handicapped parking signs.

24.       Location and size of loading area

25.       Show location and details of all handicapped ramps

26.       Type of surface of all areas

27.       Setback lines. Distance from property lines to paving, curbs, building, etc.

28.       Location of landscaped areas and irrigation.

29.       Driveway widths, radius, and distance from other property lines and street intersection. Detail of modified curb

30.       Sidewalk location and details including slope

31.       Location of existing and proposed street lights

32.       Dumpster location

33.       Digital copy

34.       Plans of street and utility lines with profiles

            C.        Technical plat review

1.         Large scale development plan The developer or his representative shall meet with the technical plat review committee at the appointed time to discuss the submitted plat and to answer questions concerning said plan, grading, utilities/services, and drainage report. The developer shall address all comments of the technical plat review committee and resubmit the plan, grading, and drainage report (if required) by the time of the above-mentioned schedule of meeting dates and submission deadlines. The re-submittal shall contain ten (10) copies of the plans, one digital copy, and a written response to all comments of the technical plat review committee. Submission of all these items shall constitute a formal filing of a large scale development plan with the city.

2.         Non-large scale development plan No submittal is required unless so stipulated by the Mayor or designated representative as indicated above.

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            D.        Planning Commission

1.         Large-scale development plan Within sixty (60) days after acceptance for review of the large-scale development plan, the Planning Commission shall conduct a public meeting to review said plan. The developer shall be responsible for providing notice to all adjacent property owners of the project by certified mail, return receipt requested, to the last known address of all such record owner(s) as certified by a licensed abstractor or licensed land surveyor within the past sixty (60) days. The developer or his/her representative, who has been designated in writing and who has full authority to make decisions in the developer’s absence, shall be present to address all questions by the Planning Commissioners. Failure to appear at the Planning Commission meeting may result in the plan being tabled. The Planning Commission shall approve, approve with conditions, disapprove, or table the large-scale development plan. If the large-scale development plan is tabled, it will be placed on the agenda of the next Planning Commission meeting.

2.         If the developer desires to develop only a portion of the total area intended for development, the Planning Commission shall require large-scale development plan approval for the entire area to insure that the purpose and intent of these regulations are compiled with. Each phase shall be clearly defined on the large-scale development plan.

3.         The approval of the large-scale development plan shall lapse after one (1) year unless construction is on-going and work is actively progressing on the installation of the required improvements.

4.         Non-large scale development plan No submittal is required unless so stipulated by the Mayor or designated representative as indicated above.

            E.         Plans and specifications

1.         Large-scale development plan After the approval of the large-scale development plan by the Planning Commission but before improvements are started, the developer shall submit engineering plans, a final drainage reports, and specifications for the streets, grading, and storm drainage improvements including, but not limited to, profiles, specifications, and cross-sections along with grading and storm drainage plans and computations, pursuant to and in compliance with other applicable ordinances to the City Engineer for review and written approval prior to commencement of improvements. No work shall begin without prior approval of the City Engineer.

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2.         Non-large scale development plan After the approval of the non-large scale development plan by the Planning Commission, if required, but before improvements are started, the developer shall submit engineering plans, a final drainage report (if required), and specifications for the streets, grading, and storm drainage improvements including, but not limited to, profiles, specifications, and cross-sections along with grading and storm drainage plans and computations, pursuant to and in compliance with these requirements to the City Engineer for review and written approval prior to commencement of improvements. No work shall begin without prior approval of the City Engineer.

a.         All streets shall be dedicated to the city and constructed in conformance with the master street plan with right-of-way dedicated when such right-of-way is needed to conform to the master street plan.

b.         All utility easements shall be dedicated to the city as required by utility companies.

c.         All parking and landscaping requirements to be provided in accordance with the city standards.

F.         Fees When the developer submits a large-scale development plan to the city, he/she shall remit a fee of Five Hundred Dollars ($500.00).

G.        Appeal

1.         Any decision of the Engineer retained for technical counsel, may be appealed to the Planning Commission by the developer provided the developer does so by filing his or her written appeal notice with the Recorder/Treasurer within thirty (30) days of the decision form the engineer.

2.         Any decision of the Planning Commission with the exception of a variance decision under sub-part I. of this section, may be appealed by the developer to the City Council provided the developer does so by filing his or her written appeal notice with the Mayor’s office within thirty (30) days of the decision of the Planning Commission.

H.        Approved project plan term The approval of a project plan shall be effective for an original term of six (6) months from its date of approval. Thereafter, if construction of the improvements or any portion thereof has not been completed, the approval of the project plan shall lapse. Provided, however, the developer may obtain an extension of approval of the project plan for successive six (6)

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months terms upon written request to the Planning Commission stating good cause therefore and certifying that no change has occurred which would materially affect the project plan.

I.          Variance Upon application by a developer for good cause the Board of Adjustment shall have authority to vary the requirements of this ordinance.

J.          Enforcement

1.         No building permit shall be issued until the project plan has been approved and the required improvements are constructed and certified.

2.         The City Engineer may authorize adjustments in the approved plan during construction provided the adjustments conform to the purpose and intent of the project plan.

K.        Penalty It shall be unlawful for any person, firm, or corporation to alter to tamper with an approved public or private drainage system or detention basin or dispose of trash or debris or other construction material into a private or public drainage system. Any person, firm or corporation violating this ordinance shall be subject to imprisonment not to exceed thirty (30) days or a fine not to exceed Five Hundred Dollars ($500.00) or both. Each day will be considered a separate violation. (Ord. No. 2007-8, Sec. 3.)

15.08.04 Application and fee

A.        Along with the submission of a subdivision preliminary plat to the Johnson Planning Commission, owners and/or developers shall complete an application provided by the city, provide all documents requested, and remit a non-refundable review fee of Two Thousand Dollars ($2,000.00). In the event engineering review fees and costs incurred by the city of Johnson exceed Two Thousand Dollars ($2,000.00), owners and/or developers shall reimburse the city of Johnson for all additional expenses incurred. The required fees must be paid before the Mayor will sign the final plat. This fee is in addition to the standard submittal fees that the city has established.

B.        Along with the submission of a large-scale development plan, owners and/or developers shall complete an application provided by the city, provide all documents requested, and remit a non-refundable review fee of Five Hundred Dollars ($500.00). In the event engineering review fees and costs exceed Five Hundred Dollars ($500.00), the owners and/or developers shall reimburse the city of Johnson for all additional expenses incurred. The required fees must be paid before the city will issue a Certificate of Occupancy for the first building that is part of the project. This fee is in addition to the standard submittal fees that the city has established. (Ord. No. 2007-3, Secs. 1-2.)