City Ordinances
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ORDINANCE 2018-04

ORDINANCE NO. 2018-04

AN ORDINANCE T0 AMEND TITLE 9
STREETS AND SIDEWALKS, CHAPTER 9.04
MUNICIPAL CODE T0 ADD A PAY-IN-LIEU-
OF OPTION T0 IMPROVEMENTS 0F
SUBSTANDARD ROADS; DECLARING AN
EMERGENCY T0 EXIST AND FOR OTHER
PURPOSES

 

 

WHEREAS, the Johnson Municipal Code (JMC hereinafter) requires developers to make improvements to certain substandard roads in the development process;

WHEREAS, such improvements do not always apply to an entire road section of a substandard road and it may be an impractical or a poor use of time and resources to make partial improvements at the time of such development;

WHEREAS, the Planning Commission upon being advised by City staff and consultants should have the option to negotiate payment of the costs of the required improvements rather than require actual construction of those improvements at the time of development;

WHEREAS, payment of the improvement costs directly related to serving the proposed development as a fee to the City will be preferred by developers in certain instances; and,

WHEREAS, the Planning Commission has studied language to amend the JMC to accomplish this goal and now recommends adoption of an Ordinance to that effect.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL 0F
JOHNSON, ARKANSAS, that:

Section 1: Title 9 Streets and sidewalks, Chapter 9.04 Design and construction of Streets, Roads, and storm Drainage, Section 9.04.02 Design Subsection G. Requirements For Improving Substandard Roads is here by amended by adding the following paragraph at the end of Subsection G., as follows:

"However, the Planning Commission may, based upon advice of City staff and the
City engineer, request that the developer deposit with the City Recorder-Treasurer
a fee-in-lieu-of constructing the above-required adjacent and/or offsite street/road
Improvements. The fee shall include a reasonable amount to offset inflation
increases for a five (5) year period. The fee and the amount shall be agreed to in
writing between the City and the developer prior to approval of the Preliminary
Plat, P.U.D. or Large Scale Development plan and approval stage. The Planning
Commission shall review such written agreement and either accept or reject same.

The fee-in-lieu-of, as approved by the Planning Commission, shall be paid as
follows:

a) Twenty-five percent (25%) prior to the start of construction; and
b) The entire balance before the final plat of the development is presented to
the Planning Commission or any Certificate of Occupancy is issued."

Section 2: The funds from the fee-in-lieu-of shall be maintained by the City in an account other than the general fund and dedicated to use upon the street(s) and/or roads adjacent to and serving the development of the developer who paid the fee-in-lieu-of-monies.

Section 3: In all other respects section 9.04.02 is affirmed and not otherwise amended.

Section 4: As development increases and begins to pick up it will be more important to provide the fee-in-lieu-of option to the Planning Commission and developers to maximize opportunities to improve streets and roads to insure that new developments are adequately and properly served upon the development being fully occupied; therefore, an emergency is hereby declared to protect and preserve public safety along with the health and welfare of our citizens and this Ordinance shall be effective immediately upon passage and approval.

PASSED AND APPROVED this day 8th of May, 2018

ATTEST:

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