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Ordinance #123

AN ORDINANCE AMENDING ORDINANCE NO. 18 PROVIDING

FOR SUBDIVISION REGULATIONS TO CONTROL THE

DEVELOPMENT OF LAND WITHIN THE TOWN OF JOHNSON,

ARKANSAS, AND FOR OTHER PURPOSES.

WHEREAS, the Town Council of Johnson, Arkansas deem it

necessary to have updated subdivision regulations to better cope

with increasing needs to insure quality development to keep pace

with growth; and

WHEREAS, the Johnson Planning Commission has determined

after a lengthy study to establish updated guidelines for

subdivision development.

NOW THEREFORE BE IT ORDAINED by the Town Council of Johnson,.

Arkansas, in regular session assembled as follows:

PURPOSE

The purpose of this ordinance is to control the development

of land within the Town of Johnson, Arkansas.

INTENT

The intent of this ordinance is designed to promote the

health, safety, and general welfare of the citizens, to insure

the development of the town in accordance with present and future

needs, order, convenience, prosperity and general welfare of the

town in the process of development; and to provide for an

adequate street system, for convenient and safe movement of

traffic.

JURISDICTION

This ordinance shall control the development of land within

the Town of Johnson, Arkansas.

940113GB

CITY OF JOHNSON

ARTICLE I SUBDIVISION REGULATIONS

SECTION 1 - GENERAL

1.1 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.

1.2 Jurisdiction- The territorial jurisdiction of this

ordinance includes the land within the corporate limits of the

Town of Johnson, Washington County, Arkansas, and the planning

area identified on the Planning Area Map adopted on

by the Planning Commission.

1.3 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 Town 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.

1.4 Intent- This ordinance is designed to promote the

health, safety, and general we Ifare__ of .the citizens, to insure

the development of the Town in accordance with present and future

needs, morals, order, convenience, prosperity, and general welfare

of the Town in the process of development, and to provide

for an adequate street system for convenient and safe movement of

traffic.

1.5 Definitions- Certain words in this ordinance are

defined for the purpose of clarity and are as follows:

a. Alley. - A minor public way used primarily for vehicular

service access to the back or side of property abutting a street.

b. Building Line - A line parallel to the front (street)

property line in front of which no structure may be built.

c. Building Permit - A written permit issued by the enforcement

officer permitting construction, erection, alteration,

remodeling, or repair of a structure.

d. 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.

e. C o mpr eh en s i v e P1an - A long-range plan for the planning

area adopted by the Town Council, including plans for land use,

streets, and community facilities.

f. Dedication - Land and improvements offered to the Town,

County, or State and accepted by them for public use, control,

and maintenance.

g. Easement - A grant by the property owner of the use by

the public, a corporation or person (s), of a strip of land for

specific purposes,

h. Enforcement Officer - The chief building inspector of

the City of Johnson, Arkansa's.

i. Health Officer - The legally designated health authority

of the City of Johnson or his authorized representative.

j - Lot - A portion of the subdivision or any parcel of

land intended as a unit for transfer of ownership or for

development.

940113G7

k. 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.

1. 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.

m. 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.

n. Flat - A map or drawing containing information

necessary to transfer, locate, and survey all property indicated

therein.

o. Street - A public way intended for vehicular traffic

and providing the principal means of access to the abutting

property.

p. 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.

q. Subdivision - Any division of land intended as a unit

of transfer or for development within the purpose and intent of

these regulations.

1.6 Variance - If the provisions of this ordinance are

shown by the subdivider to cause undue hardship because of some

unigue feature of the land, then the Town Council may grant a

variance provided the variance will not have the effect of

nullifying the intent and purpose of this ordinance.

1.7 Confprmance with Official Plans - Any subdivision shall

conform to the Comprehensive Plan and associated plans, including

the Major Street Plan, Community Facilities Plan, and other

officially adopted plans of the Town, as well as, the accompanying

ordinances and regulations adopted to help carry out those

plans.

1.8 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.

1.9 Right of Town Council to Have Survey Made - The Town

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 Town Council.

SECTION II - PROCEDURE

2.1 Acceptance of Plats - The enforcement officer shall not

accept any sketch plan, preliminary plat, or final plat that does

not conform to the minimum requirements of this ordinance.

a. 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.

94011368

2.2 Appeal of Decision of Enforcement Officer - The subdivider

may appeal any decision of the enforcement officer to the

Town Council by filing a letter of intent with the Town Clerk,

who shall place the matter on the agenda of the next regular

meeting of the Council.

2.3 Sketch 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 (l) copy to be

returned to the subdivider with corrections and the other to be

retained in the Town files.

a. The following information shall be indicated on the

sketch plan:

(1) Location of all streets and alleys interconnecting and

bordering the subdivision;

(2) General location of street within the subdivision;

(3) General size;

(4) Ownership(s) of property adjacent to subdivision if not

platted;

(5) Legal description of proposed subdivision;

(6) Location of property owned by public entities or by

railroads and utilities when within or adjacent to the

subdivision;

(7) Location map showing section or sections in which

subdivision is located.

b. The enforcement officer shall advise the subdivider in

writing within ten (10) working days after presentation of the

letter of intent and the sketch plan 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.

c. The preliminary plat, when prepared and accompanied by

supporting documents, shall be presented to the enforcement

officer at least fifteen (15) days prior to the Planning Commission

meeting at which it is to be reviewed. The subdivider shall

submit ten. (10) copies of the preliminary plat for approval.

d. 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:

1. Telephone or applicable phone service

2. Electric Companies

3. Northwest Arkansas Regional Planning Commission

4. Water and Sewer Departments

5. Fire Department

6. Gas Companies

7. Cable TV

8. Police Department

9. City Engineer

e. 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.

2.4 Preliminary Plat Approval and Expiration.

a. 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 preparation of final plat.

b. 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 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.

2.5 Final Plat - The subdivider shall submit to the enforcement

officer not less than 10 days prior to the Planning

Commission meeting at which consideration is requested, (1)

original reproducible stable base and (10) copies of the final

plat, 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 Town Council for approval and

acceptance. Following the Town Council's approval of the final

plat, the subdivider may file the plat with the County Recorder.

2.6 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 a legal description and scaled drawing of the parcel

being split showing dimensions of the new parcels 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 kinds of land ownership

transfer are permitted under this procedure.

a. 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.

b. Transfer portions of platted lots to correct errors in

survey, building placement which created sub-standard 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 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 Committee. Once the lot split

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 Secretary of the Planning

Commission or some other elected officer. 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 Town of

Johnson.

2.7 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

a. Name of Subdivision X x

b. Boundary of subdivision with X x

description of enclosed property

c. Names and address of owner(s), X x

developer(s), and surveyor(s)

d. Acreage in subdivision tract X

e.

Date, map, scale and north, arrow x x

f. Location map showing section or

sections in which located X

g. Location of all streets (names to be

indicated) alleys, and easements

within, interconnecting, and bordering

subdivision tract X x

h. Dimensions of streets, alleys, easements,

block, parcel, and lot lines and subtended X x

angles

i. Bearing of all lines not parallel or

perpendicular to lines of known bearing.

Interior angles of lots may be shown in X x

lieu of bearings. All bearings shall be

referred to true north

j. Location of Monuments X

k. Location of building lines X x

1. Location of railroads and other property

owned by utilities (when applicable) X x

m. Legal description, lot and block X

n. Certification of registered engineer x

o. Dedication of streets, alleys, and

easements for public use X

2.8 Scale - Plats shall be prepared at a scale of not more

than one inch (I

11) equals two hundred feet (200').

SECTION III - STANDARDS

3.1 Sketch Plan - The sketch plan should generally be drawn

to a scale not to exceed one inch {1") equals two hundred feet

(200' ) . The location map should be drawn to a scale not to

exceed one inch (1") equals two thousand feet (2000' ) . The

purpose of the sketch plan is to acquaint the Town 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 Section 2.3.

3 . 2 Pre 1 imj,jia

jry_ Plat - The preliminary plat shall be drawn

to scale, not to exceed one inch {!") equals two hundred feet

(200

1), (i.e., one inch (I1') equals one hundred feet (1001) or

one inch (I

11) equals fifty (SO1). The information required

before the preliminary plat may be submitted appears in Section

2.4.

3.3 Final Plat - The final plat shall be drawn to scale,

not to exceed one inch (1") equals two hundred feet (200'), on

stable base material using waterproof ink. The information

required before the final plat may be submitted appears in Section

II 2.5.

3.4 Streets - The following are general standards to be

used in the preparation of plats:

a. The internal pattern should be 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.

b. Intersections should be, insofar as practicable, at

right angles but not less than. 60 degrees, and no more than two

(2) four (4)~way intersections should be avoided where possible.

Street jogs with centerline offsets of less than one hundred

twenty-five feet {125') shall not be permitted.

c. Street locations should be such as to provide each lot

with the desirable elevation, size, and shape which will permit

proper set-back of structures and their satisfactory placement on

the lot.

d. Grades of streets shall be determined according to the

prevailing terrain. Sufficient grade shall be provided to insure

drainage.

e. For streets not indicated on official plan, the

arrangement of streets in the subdivision 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.

f. As a general rule, street stubs to adjacent undeveloped

property shall be provided.

g. Street locations which create double frontage lots

shall be discouraged.

h. The following are the standards for street design:

Local Collector Major Commercial

Streets^ Streets ...Streets Service Road

Right-of-Way 50' 60' 80' 50'

(Min. Width)

Dead End Streets

(Max. Length)

(Cul-de-sac) 500' no no no

Maximum Grade 12% 6% 6% 6%

Intersection to

Curb Cut (Min.

Distance) 20' 40' 50 '

Minimum Paving

Width (Back of curb

to back of curb where

applicable) 30' 36' 48' 24 '

3.5 Blocks - The use of rectangular blocks longer than wide

is encouraged in the interest of economy to the developer and to

the Town in future maintenance of streets and other utilities. A

block should not be less than four hundred feet (400

1) or more

than fourteen hundred feet (1400') long.

3.6 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.

a. 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.

b. The minimum area of the lot shall be nine thousand

(9,000) square feet.

c. The width of the lot at the buildinq line shall be a

minimum of seventy feet (70').

d. Corner lots for residential use shall have extra width

to permit appropriate building setback from orientation to both

streets.

3.7 Easements, - All proposed plats shall allocate areas 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 feet (20' ) . In certain cases as

required by the various utility companies, side lot line easements

will be requested.

a. 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.

SECTION IV UTILITIES, WATER, SEWER & STREETS

4.0 All utilities in subdivisions shall be underground.

4.1 Sketch Plan, _.and Preliminary Plat - No information

concerning actual improvements is required for either the sketch

plan or preliminary plat,

4.2 Final Approval - Final approval shall be given after

the approval of the plans for required improvements and when the

following have been met:

a. A contractual arrangement has been entered into with

the Town of Johnson to install necessary improvements.

b. A performance bond based on value of the estimated cost

of the improvements.

c. A deposit with the Town 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.

4.3 Water - Where public water is available, each lot shall

be provided with water. Every subdivision within the water

service area 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 Town Council.

All developments and developers will be expected to install

all improvements at their own expense to the standards adopted by

the Town of Johnson. In the case of water, all lines in excess

of two inches shall be cast iron, or other substance line

approved by the appropriate Water Department and any lines under

two inches may be plastic so long as it meets class 200

standards.

4.4 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 feet (1,320') of a

public system.

4.5 Street, Improvements - In all subdivisions within the

town limits and planning area 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 Town of Johnson.

4.6 Drainage - Each subdivision shall provide for adequate

handling of surface water to the end that it is properly

discharged into natural drainage ways.

4.7 Monuments - The following requirements will govern the

conditions for and placement of monuments in all subdivisions:

a. Concrete monuments four inches (4") in diameter (or

four (4) inches square) and thirty-six inches (36

ir) long, with

four (4} one-forth inch (1/4"} or one-half inch (1/2") metal

reinforcing rod (s) 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.

b. One out of each four (4) monuments shall contain a brass

plate indicating elevation based on mean sea level. (Control to

be utilized is that of United States Geological Survey).

c. The location of all monuments shall be shown on the

final plat.

SECTION V. - MOBILE HOME PARKS

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 (i.e.

2.1) of these regulations.

5.1 Unlawful location of mobile home or manufactured homes.

a. Mobile homes are permitted in mobile home parks located

in districts zoned R-4 and shall not be placed in any other

location in the City of Johnson.

b. Not more than one (1) mobile home may be placed on a

standard residential lot in a mobile home park.

c. 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 a stick built home are

met.

d. Any mobile home in a nonconforming 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

nonconforming zone.

5.2 Location and Drainage - The mobile home park shall be

located on a well-drained site, and shall be so located that it's

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.

a. Common recreation space: 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.

94011374

5.3 Sewage Disposal

a. 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 Department.

b. Each mobile home lot shall be provided with at least a

4 inch connection to a public sewer which shall be adequately

vented and laid with sufficient earth cover to prevent breakage

from traffic.

5.4 Electrical Service - All electrical service lines to

mobile home lots shall comply with applicable local and state

electrical codes and ordinances.

5.5 Fuel __S_ource - All mobile home lots shall be supplied

with an approved electric or natural gas fuel source.

5.6 Fire Protection - The mobile home park shall be subject

to the rules and regulations of the Johnson Fire Prevention

Authority.

5.7 Streets and Parking

a. 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.

b. A minimum of two (2) off-street parking spaces, at

least 9 ft x 18 ft each, shall be provided on each mobile home

lot.

5 - 8 Building Permits and Certifications

a. 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.

b. 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 City

Clerk/Recorder/Treasurer and shall contain the following:

1. The subdivision lot number.

2. The manufacturer, date of manufacture, model and licensing

number of the home including all federal certifications.

3. The date of original installation of the home on the

lot.

4. The names and addresses of the original owner and

occupant.

5. The names and addresses of the current owner and

occupant.

6. In the event of transfer of ownership the new owner

must register ownership with the City of Johnson within

thirty (30) days of purchase.

5.9 Plat Requirements

a. 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.

5.10 Bulk and Area Requirements

a. The total area of the mobile home park shall be at

least five (5) acres and large enough to accommodate:

1. The designated number of mobile or manufactured

homes.

2. Necessary streets and roadways.

3. Parking areas for motor vehicles.

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

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

Lot Area Lot Front Side Side Yard Rear

(sa.

ft.1 Width Setback* Yard on street Yard

5000' 40' . SO

1 10' 10' 50'

^measured from street right-of-way. All other yards

measured from property line.

SECTION VI - ESTATE SUBDIVISION

In addition to the Town of Johnson's regular subdivision

zoning regulations, thes'e are the "Estate Subdivision"

regulations.

6.1 Procedure - All procedures and regulations to establish

an Estate Subdivision shall be the same as those for a regular

subdivision (i.e., 2.1) with these exceptions:

a. 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.

b. Estate Subdivision lots shall be a minimum of one (1)

acre in size.

c. All available utilities shall be buried under ground.

SECTION VII - OFF-SITE IMPROVEMENTS

7.1

a. Generally., the developer shall be required to install

off-site improvements

r where the need for such improvements are

created in whole or in part by the proposed development. Any

required off-site improvements shall be installed according to

town 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 town 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 improvement is agree to by

all concerned parties.

SECTION VIII - AMENDMENTS

a. On any proposed amendments to these regulations, the

Planning Commission shall hold a public hearing, for which fifteen

(IS} days advance notice in a local newspaper of general

distribution has been published. Following such a 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 Town Council.

SECTION IX - ENFORCEMENT

9.1 Enforcement.

a. The provision of this ordinance shall be administered

by an enforcement officer designated by the Town Council.

x

b. 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.

9.3 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 officer shall notify

the Town Council, which shall certify the violation to the town

attorney. The town attorney shall, within seven days, apply to a

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 $25.00 nor

more than $1000.00.

9401.1377

SECTION X

A copy of the "Johnson, Arkansas Subdivision Regulations

Ordinance" with all the above noted changes is attached to this

ordinance as Exhibit "A". Three copies of the new "Johnson,

Arkansas Zoning Ordinance" will be on file for public viewing

during business hours at City Hall, Johnson, Arkansas.

SECTION XI - SEVERABILITY

a. If any paragraph, sentence or clause of this ordinance

shall be declared invalid by a court of competent jurisdiction

,

such determination of invalidity shall not affect the remaining

portion of this ordinance.

SECTION XII - REPEAL OF CONFLICTING ORDINANCE

a. All ordinances or parts of ordinances of the Town of

Johnson in conflict with this ordinance are hereby rescinded.

SECTION XIII - EFFECTIVE DATE

a. It has been found and is hereby declared by the Town

Council of the Town of Johnson

f Arkansas, in regular session

assembled, that this ordinance is immediately required in order

to lessen congestion in the streets; to secure safety from fire

and other dangers to promote healthful living conditions; to

provide adequate light and air; to prevent the over-crowding of

land and undue concentration of population; to stabilize property

values and to insure the orderly development of the community for

the general welfare of the citizens.

b. Therefore, an emergency is hereby declared to exist and

this ordinance being necessary for the preservation of the public

peace, health, and safety shall be in full force and effect from

the date of its approval.

PASSED AND APPROVED THIS S DAY OF rGTgtfIoop>.<Z~Y , 1994.

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TOWN CLERIC AND RECORDER