13556 Ordinance No. 13,556
AN ORDINANCE .ESTABLISHING CHAPTER 37 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS FOR THE
SUBDIVIDING OF LAND WI HIN THE PLANNING AREA OF THE CITY AND
FOR OTHER PURPOSES.
BE IT ORDAINED BY THE OARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS.
Section 1. Chapter 37 of the Code of Ordinances,
establishing rules and regulations for the subdividing of
land in the Planning Area of the City of Little Rock, shall
read as follows:
PREAMBLE
•
We, the Board of Directors of the City of Little Rock,
in recognition that a function of Government in a free
society is to:
-- Recognize that growth is a natural order of life;
-- Protect the rights of all citizens in a growing
society;
-- Encourage creative innovation to improve
liveability;
-- And obey its given responsibility to use reason and
prudence in regulation of all citizens;
do hereby direct that this ordinance and its administration
fulfill this function; and do approve and establish this
ordinance:
TABLE OF CONTENTS
ARTICLE I. GENERAL PROVISIONS
SECTION PAGE
37. 1 Title 1
37. 2 Statement of Legislative Purpose & Intent 1
37. 3 Authority 2
37. 4 Jurisdiction and Application 2
37. 5 Severability 3
37. 6 Amendments 4
37. 7 Types of Subdivisions 4
37. 8 Resubdivisions of Land 5
37. 9 Vacation of Plats 6
37. 10 Variances 6
ARTICLE II. DEFINITIONS
Definitions 8
ARTICLE III. APPLICATION PROCEDURE
AND REVIEW PROCESS
37. 12 General 15
37. 13 Pre-Application Procedures 15
37. 14 Preliminary Plat Approval 16
37. 15 Final Plat Procedure 19
37. 16 Combined Preliminary and Final Plat Procedure 20
ARTICLE IV. SUBMISSION REQUIREMENTS
37. 17 Pre-Application Requirements 24
37. 18 Preliminary Plat Application Requirements 24
37. 19 Final Plat Application Requirements 29
A
ARTICLE V. DESIGN STANDARDS
SECTION PAGE
37. 20 General Principles 34
37. 21 Streets 36
37. 22 Easements 42
37. 23 Alleys 42
37. 24 Lots 42
37. 25 Platted Building Lines and Buffers 44
37. 26 Blocks 45
37. 27 Sidewalks 45
37. 28 Storm Drainage 46
37. 29 Commercial/Office Subdivisions 48
37. 30 Industrial Subdivisions 51
37. 31 Mobile Home Park Subdivisions 54
37. 32 Hillside Regulations 57
37. 33 Multiple Building Sites 60
ARTICLE VI. REQUIRED IMPROVEMENTS AND
ASSURANCES FOR THEIR COMPLETION AND MAINTENANCE
37. 34 Required Public Improvements 62
37. 35 Assurance for Completion of Improvements 66
37. 36 Inspection of Improvements 67
37. 37 Maintenance Bond 68
37. 38 Acceptance of Public Facilities, Dedications
and Recordation 68
37. 39 Enforcement 69
CHAPTER 37
SUBDIVISIONS
ARTICLE I. - GENERAL PROVISIONS
SECTION 37. 1 -- TITLE
These regulations shall hereafter be known and may
be referred to as the Subdivision Regulations of
the City of Little Rock, Arkansas.
SECTION 37. 2 -- STATEMENT OF LEGISLATIVE PURPOSE AND
INTENT
The subdivision of land is the first step in the
process of urban development. The arrangement of
land parcels in the community for residential,-
commercial and industrial uses and for streets,
alleys, schools, parks, and other public purposes,
will determine to a large degree the conditions of
health, safety, economy, and amenity that prevail
in the urban area. The quality of these
conditions is of public interest. These
regulations incorporate standards designed to
ensure proper development of land for urban use.
The specific purposes of these regulations are:
A. To protect and provide for the health, safety
and general welfare of the public. .
B. To guide the future growth and development of
the municipality in accordance with the
municipal plan.
C. To provide for adequate light, air, and
privacy; to secure safety from fire, flood
and other danger, and to prevent overcrowding
of the land and undue congestion of
population.
D. To protect and conserve the value of
buildings and improvements, and to minimize
adverse impact on adjoining or nearby
properties.
E. To establish a beneficial relationship
between the uses of land and buildings , and
the municipal street system; to require the
proper location and design of streets and
building lines; to minimize traffic
congestion, and to make adequate provision
for pedestrian traffic circulation.
1
F. To establish reasonable standards of design
and procedures for subdivision and
resubdivisions, in order to further the
orderly layout and use of land; and to ensure
proper legal descriptions and monumenting of
subdivided land.
G. To encourage the wise use and management of
natural resources; to provide adequate and
safe recreational areas; to maintain the
natural beauty and topography of the
municipality and to ensure appropriate
development with regard to these natural
features; to minimize the pollution of air,
ponds and streams; to ensure the adequacy of
drainage facilities.
H. To encourage subdivision of land in
accordance with the Capital Improvements
Program, provided with adequate public
facilities and improvements including
streets, storm drainage, water, sewerage,
school sites and park areas.
SECTION 37. 3 -- AUTHORITY
This ordinance is adopted pursuant to the
authority granted by Act 186 of the 1957 General
Assembly of the State of Arkansas as amended and
other applicable laws. The Little Rock Planning
Commission shall exercise the power and authority
to review, approve and disapprove plats for
subdivisions and improvements in accordance with
these regulations.
SECTION 37. 4 -- JURISDICTION AND APPLICATION
It is hereby declared to be the policy of the City
of Little Rock to consider the subdivision of land
and the subsequent development of the subdivided
plat as subject to the control of the City
pursuant to the Municipal Plan and the Master
Street Plan for the orderly, planned, efficient,
and economical development of the Municipality.
These regulations shall be applicable to all lands
within the City and its planning jurisdiction,
except lots of record prior to adoption of the
ordinance. The planning area map is included
herein.
2
These regulations and development standards
shall apply to the subdivision of land as
follows:
A. All divisions or platting of a tract or
parcel of land into one or more lots,
building sites, or other divisions for the
purpose, whether immediate or future, of sale
i
or building development, shall be considered
a subdivision and subject to this ordinance.
B. The division of land into tracts of five (5)
acres or greater where no street right-of-way
dedication is required shall not constitute a
subdivision.
C. The dedication or vacation of any street or
alley through any tract of land regardless of
the area involved as may be desired by the
owner or if necessary to achieve conformance
with the Master Street Plan, shall be
considered a subdivision and subject to this
ordinance.
D. Large scale development involving the
construction of two or more buildings ,
together with necessary drives and
accessways, which is not subdivided into
customary lots , blocks and streets shall be
considered a subdivision and subject to this
ordinance. Plans for all such development
shall be submitted to and approved by the
Planning Commission, whether or not such plat
is to be recorded, and no building permit
shall be issued until such approval has been
given.
SECTION 37. 5 -- SEVERABILITY
If any section, paragraph, clause or part of these
subdivision regulation is, for any reason, held
void and invalid, such decision shall not affect
the validity of the remaining provisions of these
regulations. The Board of Directors hereby
declares that it would have enacted the remainder
of these regulations even without such sections,
paragraphs , clauses, parts or positions.
3
SECTION 37. 6 -- AMENDMENTS
These regulations may be amended at any time after
the Planning Commission has held a public hearing
on the proposed amendments. At, on, or after such
public hearing, the Planning Commission may
recommend to the Board the adoption of such
amendments.
SECTION 37. 7 -- TYPES OF SUBDIVISIONS
Recognizing
A. General - that subdivision
regulations must be applied to various land
development types, and because of the special
conditions pertaining to each, this ordinance
hereby provides for the establishment of four
subdivision types: Commercial/Office,
Industrial, Mobile Home Park, and
Residential. Design standards applicable to
each of these four types are outlined in
Article V of this ordinance.
Prior to the approval of any preliminary
plat, the Planning Commission shall classify
and evaluate each subdivision according to
its planned future use, it being the
responsibility of the applicant to identify
the type of proposed plat. Where a proposed
plat incorporates more than one use of the
type specified in this Article, either the
different land use types shall be clearly
delineated on the submitted plat, or separate
plats shall be filed for each land use type
together with a scale drawing illustrating
the proposed layout as a totality.
The purpose and intent of each subdivision
type shall be generally as follows:
1. Commercial/Office Subdivisions -
Commercial/Office Subdivisions are
intended to accommodate one or more
commercial building sites on either
single or multiple lots in a carefully
planned configuration designed to
protect and enhance the viability of
each separate structure and ownership.
Commercial and office uses shall be
those defined as such in the Little Rock
Zoning Ordinance.
4
_i
2. Industrial Subdivisions - Industrial
subdivisions are intended to fulfill a
two-fold objective; to provide both
opportunity and flexibility for
industrial activities to take place at
appropriate locations in a compatible
manner with adjacent nonmanufacturing
areas; to require the application of
sound design principles and the orderly
development of industrial parcels
involving the creation of one or more.
building sites or lots. Industrial uses
shall be defined as such in the Little
Rock Zoning Ordinance.
3. Mobile Home Park Subdivisions - Mobile
home subdivisions are intended to ensure
proper layout and development of areas
for mobile home occupancy by
establishing appropriate standards for
density, spacing and placement and by
requiring off-street parking, storage
facilities and open space. The
regulations are also intended to
facilitate location of mobile homes
within the jurisdiction of this
subdivision ordinance by making
available appropriate sites for such
occupancy.
4. Residential Subdivisions -
Residential subdivisions are intended to
ensure efficient, aesthetic and
convenient designs for single family
zero-lot-line, duplex and multi-family,
residential development, and to provide
harmonious relationships with
surrounding areas. Residential uses
shall be those defined as such in the
Little Rock Zoning Ordinance.
SECTION 37. 8 -- RESUBDIVISION OF LAND
A. Procedure - Any, change in an approved or
recorded plat other than lot splits or
recombinations shall be considered a
resubdivision and subject to approval by the
Planning Commission. For resubdivision, the
5
same rules, regulations, and procedures
applicable to subdivisions shall apply.
B. Future Resubdivisions - Whenever a parcel of
land is subdivided and the subdivision plat
shows one or more lots containing more than
one acre of land, and there are indications
of such lots eventually being resubdivided
into small building sites, the Planning
Commission may require that such parcel of
land allow for the future opening of streets
and the ultimate extension of adjacent
streets. Easements providing for the future
opening and extension of such streets may be
made a requirement of the plat.
SECTION 37. 9 -- VACATION OF PLATS
A. Any plat or any part of any plat may be
vacated by the owner at any time before the
sale of any lot therein. Vacation of a plat
shall be subject to the approval of the Board
of Directors. The Board of Directors may
reject any proposed plat vacation which
abridges or destroys any public rights in any
public use areas, improvements, streets or
alleys.
B. Upon recordation, such vacation shall have
the effect of divesting the public of all
rights in the streets, alleys, public areas,
and dedications laid out for describing in
such plat.
C. When lots have been sold, the plat may be
vacated in the manner established therein,
provided the owners of all lots join the plat
vacation application.
SECTION 37. 10 -- VARIANCES
A. General - The rules and regulations set forth
in this ordinance are the standard
requirements of the City. Where the Planning
Commission finds, however, that extraordinary
hardships or practical difficulties may
result from strict compliance with these
regulations, or the purpose of these
regulations may be served to a greater extent
by an alternative proposal, it may approve
variances to the subdivision regulations so
that substantial justice may be done and the
public interest secured. Such variances,
6
however, shall not have the effect of
nullifying the intent and purpose of these
regulations. The Planning Commission shall
only approve variances where it finds that:
1. The granting of the variance will not be
detrimental to the public safety,
health, or welfare, or injurious to
other property.
2. The conditions upon which the request
for variance is based are unique to the
property for which the variance is
sought and are not applicable generally
to other properties.
3. Because of the particular physical
surroundings , shape or topographical
conditions of the specific property
involved, strict application of these
regulations would deprive the owner of
reasonable use of his property.
4. The variance will not in any manner vary
the provisions of the Zoning Ordinance,
the Master Street Plan, or the Municipal
Plan.
5. The variance is not based solely on
pecuniary difficulties, but has other
overriding hardships.
B. Procedures and Conditions - No variance shall
be granted except upon written petition by
the subdivider when the preliminary plat is
filed for consideration by the Planning
Commission. The petition shall state fully
the grounds for the application and all of
the facts upon which the petition is made.
In approving variances, the Planning
Commission, may, at its option, require
special conditions to ensure development in
accordance with objectives ,. standards, and
requirements of these regulations.
7
1
ARTICLE II. - DEFINITIONS
SECTION 37. 11-- USAGE
A. For the purpose of these regulations, the
following words and terms shall be used,
interpreted, and defined as set forth in this
section. Definitions not expressly prescribed
herein are to be construed in accordance with
customary usage in municipal planning and
engineering practice. The work "may" is
permissive while the word "shall" is mandatory and
not merely directory.
1. Alley - A public or private right-of-way
primarily designed to serve as a secondary
access to the side of or rear of properties
whose principal frontage is on some other
street.
2. Applicant - The owner of land proposed to be
subdivided or his representative. Consent
shall be required from the legal owner of the
premises.
3. Bill of Assurance - A legal document
specifying the covenants and restrictive
conditions applicable to a particular
property.
4. Block - A tract of land entirely bounded by
streets, or by a combination of streets and
public parks, cemeteries, railroad
rights-of-way, shorelines, waterways, or
boundary lines of municipalities.
5. Buffer - A permanently natural or landscaped
area serving to separate two different land
uses or developments.
6. Building Line - The line within a property
which defines a minimum, horizontal distance
to be provided between a building and the
adjacent property line.
7. Capital Improvement Program - A proposed
schedule of all future projects listed in
order• of construction priority, together with
cost estimates and anticipated means of
financing each project. All projects require
the expenditure of public funds, over and
above the annual local government' s operating
expenses, for the purchase, construction, or
8
i 4
replacement of the community' s physical
assets.
8. City - The City of Little Rock, Pulaski
County, Arkansas.
9. City Clerk - The City Clerk or his/her
designated representative of the City of
Little Rock, Arkansas.
10. Commercial Subdivision - All divisions of a
tract or parcel of land into two or more
building sites for commercial uses as defined
in the Zoning Ordinance.
11. Commission - The Little Rock Planning
Commission, Pulaski County, Arkansas.
12. Community Services - The Department of
Community Services of the City of Little
Rock, Arkansas.
13. County - The County of Pulaski County,
Arkansas.
14. Crosswalks - A strip of land dedicated for
public use which is reserved across a block
for the purpose of providing pedestrian
access to adjacent areas.
15. Cul-De-Sac - A local street with only one
outlet and having an appropriate terminus for
the safe and convenient turn-around or
reversal of traffic movement.
16. Easement - Authorization by a property owner
for the use by another, and for a specified
purpose, of any designated part of his
property.
17. Engineer - A professional Engineer registered
to practice in the State of Arkansas.
18. Engineering Division - The Engineering
Division of the Community Services Department
of the City of Little Rock, Arkansas.
19. Expressway - Any divided street or highway
with no access from abutting property and
which has either separated or at-grade access
from other public streets and highways.
20. Freeway - Any divided street or highway with
complete access control and grade separated
9
i Y
interchanges with all other public streets
and highways.
21. Frontage Road - A street parallel to and
adjacent to an expressway, freeway or
arterial, which provides access to abutting
properties.
22. Grade - The slope of a. road, street, or other
public way, specified in percentage ( % )
terms.
23. Health Department - The Pulaski County Health
Department, and/or Arkansas Board of Health.
24. Industrial Subdivision - All divisions of a
tract or parcel of land into two or more
building sites for industrial uses as defined
in the Zoning Ordinance.
25. Loop Street - A street closed on either end
with "T" intersections and which intersects
the same street twice with no other
intersection.
26. Lot - A portion of a subdivision, or any
other parcel of land, intended as a unit for
transfer of ownership or for development.
27. Lot, Corner - A lot abutting upon two or more
streets at their intersection.
28. Lot, Double Frontage - A lot fronting on two
parallel streets but not including a corner
lot.
29. Lot, Reverse Frontage - A double frontage lot
which is designed to be developed with the
rear yard abutting a major street and with
primary means of ingress and egress provided
on a minor street.
30. Lot Split - The dividing or redividing of a
lot or lots in a recorded plat of a.
subdivision into not more than two tracts
according to the criteria established within
these regulations.
31. Maintenance Bond - A bond furnished by the
subdivider or contractor to the City of
Little Rock, for a one year period, to cover
the cost of repairs resulting from defects in
materials and workmanship of public
improvements installed by the subdivider, or
his contractor.
10
3 t
32. Master Parks Plan - The official parks plan
for the City of Little Rock, denoting
proposed park sites , establishing park
classifications and standards.
33. Master Street Plan - The official street plan
for the City of Little Rock, denoting street
classifications, alignments and their design
standards.
34. Minor Subdivision - A subdivision of less
than four lots, intended for residential use,
and with no required dedication.
35. Mobile Home Subdivision - Divisions of a tract
or parcel of land into two or more mobile home
spaces for the placement of mobile homes as
defined in this Ordinance.
36. Municipal Plan - The City's adopted
comprehensive plan incorporating land use,
circulation, and other plans and policies as
deemed appropriate by the City and as
provided in Arkansas State Law.
37. Neighborhood - A number of residential units
united by a network of residential and
collector streets forming a loosely cohesive
community characterized by individual
features that together establish a
distinctive appearance and atmosphere.
38. Off-Site - Any premises not located within the
area of the property to be subdivided, whether
or not in the same ownership of the
applicant.
39. Owner - The owner or owners of record for all
the land in a subdivision or authorized agent
thereof.
40. Pavement Width (Back to Back) - That
portion of a street measured from the back of
a curb on one side of the street to the back
of the curb on the other side of the street.
41. Performance Bond - A bond posted by the
developer to the City to guarantee completion
of the necessary improvements within a
subdivision.
42. Pipe-Stem Lots - Lots with narrow street
frontage and disproportionately wider rear
yards.
11
� s
43. "Planned Unit Development" - Parcel or
parcels of land proposed for development as
a single entity and which may include
dwelling units, commercial, office,
industrial uses or any combination thereof
under the provisions of Article VII of the
Zoning Ordinance.
44. Planning Area - The area within which these
regulations are enforced, including the
corporate limits of the City and the
extraterritorial limits as allowed under
Arkansas Act 186 of 1957 , or other subsequent
amendments or acts.
45. Planning Director - The City official
designated as Planning Director and
authorized to administer the Subdivision
Ordinance. The Planning Director may
delegate this administrative responsibility
to the Subdivision Administrator or other
designated member of the staff .
46. Plat, Final - A finished drawing showing
completely and accurately all legal and
engineering information required herein and
including the Bill of Assurance.
47. Plat, Preliminary - The preliminary drawing
or drawings , described in these regulations,
indicating the proposed manner or layout of
the subdivision to be submitted to the
Planning Commission for review, and including
the preliminary Bill of Assurance.
48. Resubdivision - A change in a map of an
approved or recorded subdivision plat and
requiring approval by the Planning
Commission.
49. Right-of-Way, Public - A strip of land
dedicated or deeded to the public, occupied
by a street, crosswalk, railroad or utility
service, and delineated on the final plat.
50. Service Easement - A recorded easement used
by public utilities for the purpose of
installation and maintenance of service
facilities or used by the public for
vehicular access to commercial, office and
multi-family developments.
51. Staff - The Office of Comprehensive Planning
of the City of Little Rock.
52. Street, Arterial - Any street designed
primarily to accommodate major traffic
movements between cities or between various
sections of the City, which forms part of a
network of through streets, and which
12
provides service and access to abutting
properties only as a secondary function.
53. Street, Boundary - An existing street to
which the parcel of land to be subdivided
abuts on only one (1 ) side.
54. Street, Collector - Any street designed
primarily to gather traffic from local or
residential streets and carry it to the
arterial system.
55. Street, Minor Commercial - A commercial
cul-de-sac not greater than 300 ft. in
length.
56. Street, Minor Residential - Loop and
culs-de-sac streets not exceeding 750 feet in
length in the case of the latter and 1500
feet in the case of the former and providing
access to not more than 35 single family
units.
57 . Street, Private - Culs-de-sac or loop streets
built to public street standards, but
specifically allowed as private streets by
the Planning Commission.
58 . Street, Public - A dedicated and accepted
right-of-way for vehicular traffic which
affords the principal means of access to
abutting property.
59. Street, Residential - A street designed to
provide circulation within a residential
subdivision and to individual lots.
60. Subdivider - Any person, individual, firm,
partnership, association, corporation,
estate, or trust, or any other group or
combination acting as a unit, dividing or
proposing to divide land so as to constitute
a subdivision as herein defined, and includes
any agent of the subdivider.
61. Surveyor - A Land Surveyor registered in the
State of Arkansas.
62. Townhouse - Two or more attached dwelling
units under condominium or corporate
ownership.
13
1'
63. Vehicular Access Easement - A vehicular
easement authorized by the Planning
Commission to provide primary access in
hillside areas , and not more than 300 feet in
length nor serving more than five lots.
64. Written Notification - Notice given not less
than ten (10) days prior to the Planning
Commission Meeting, noting the time, place
and date of said public hearing. The
applicant shall obtain the names of those
owners required to be notified from a
licensed abstractor, as specified in Article
IV, Section 2. 0, of this Ordinance. Said
notice shall be sent by certified or
registered mail or a petition of notification
circulated to the last known address of such
record owner( s ) and the petitioner shall
execute and file with the Planning Staff an
Affidavit showing compliance herewith
attaching as exhibits to said Affidavit
official evidence that said notices have been
so mailed or petition circulated.
65. Zero Lot. Line Development - A residential
development concept eliminating the normally
required side yard for one side, to provide
for more usable open space on the other side.
66. Zoning Ordinance - Chapter 43 of the Little
Rock Code of Ordinances applying only to land
within Little Rock' s corporate limits.
14
ARTICLE III. -- APPLICATION PROCEDURE AND REVIEW PROCESS
SECTION 37. 12 -- GENERAL
The application procedure and approval process for
subdivision development shall be accomplished in four
stages.
A. The first step consists of a pre-preliminary
conference, optional for subdivisions ten (10)
acres or less and mandatory for subdivisions
larger than ten (10) acres. Such pre-application
procedure shall involve an informal discussion
with the staff and the submittal of a sketch
plan.
B. The second step involves preparation of a
preliminary plat by the applicant and
consideration for approval by the Planning
Commission. This document is designed to show the
proposed subdivision in sufficient detail to
indicate its workability in all respects but not
in final form with all the details fully computed.
A subdivider proposing to subdivide within the
territorial jurisdiction of Little Rock shall not
proceed with any construction work on the proposed
subdivision, including grading, before obtaining
preliminary plat approval.
C. The third step involves submittal of a final plat
conforming to the preliminary plat. This step
shall be initiated within twelve months after
approval of the preliminary plat by the Planning
Commission unless construction work is actively
progressing, in which case the preliminary
approval remains valid. The final plat is a
completed document incorporating engineering
specifications in a form, required for legal
recordation and sale of lots. No subdivision plat
or any part thereof shall be recorded prior to
obtaining final plat approval from the Office of
Comprehensive Planning, nor shall the subdivider
convey title to any lot or lots before obtaining
final plat approval.
D. The fourth step involves acceptance of all public
dedications as prescribed herein.
SECTION 37. 13 -- PRE-APPLICATION PROCEDURE
A. Submission of Sketch Plans - Any owner of land
within the jurisdiction of this Ordinance seeking
to plat a property larger than ten (10) acres in
size shall submit sketch plans and data concerning
existing conditions within the site and its
vicinity to the staff. Submitted information
shall convey the intentions of the subdivider as
15
to the proposed layout and type of development.
No fees shall be collected for pre-application
review, its purpose being to acquaint the
subdivider with plans and policies in effect that
would be significant to the proposed subdivision.
B. Review of Sketch Plans - The pre-application
procedure affords the subdivider the opportunity
to obtain the advice and assistance of the staff
early and informally in order to:
1. Assist the subdivider in analyzing the
development plan.
2. Give informal guidance to the development at
a stage when potential points of difference
can be more easily resolved, thus simplifying
official actions and saving unnecessary
expense and delay to the subdivider.
3. Determine whether or not a combined
preliminary and final plat procedure may be
authorized under Article III, Section 5. 0 of
this Ordinance.
C. Advice - Advice of the staff shall be provided in
either verbal or written form at the option of the
subdivider within thirty days of the sketch plan
submittal. It is binding on neither the City nor
the subdivider.
SECTION 37. 14 -- PRELIMINARY PLAT APPROVAL
A. Application - Whenever a subdivision is proposed to be
made or before any sale of lots located in said
subdivision as a whole or any part thereof is made, or
before building permits are approved for multiple
building sites, within the corporate limits, the owner
shall file a plan of the proposed subdivision with the
Planning Commission for approval. The applicant shall
submit all the necessary fees and meet all the
submittal requirements at the time of the filing as
described in Article IV, Section 2. 0 of this Ordinance.
B. Notification - For commercial plats, the applicant
shall submit proof of written notice to all owners of
land contiguous to the subdivision presented for
preliminary approval. For residential plats, the
applicant shall give written notice to all owners of
unplatted tracts and all platted tracts in excess
16
I
of 2. 5 acres contiguous to the subdivision
presented for preliminary approval. For both
residential and commercial plats , all property
owners of landlocked parcels contiguous to the
property being platted or contained with the plat
shall be notified.
C. Staff Review
Staff and other appropriate
1. The City and
public agency staff shall review the proposed
subdivision for conformance with this
ordinance. In its review, Staff
shall take into consideration the
requirements of the community and the use of
the land being subdivided and may offer
suggestions concerning changes they feel
would enable the project to meet the purpose
and intent of this Subdivision Ordinance.
Particular attention shall be given to width,
arrangment and location of streets, utility
esements, drainage, lot sizes and
arrangements and other facilities such as
parks , playgrounds or school sites, public
buildings , parking areas, and arterial
streets, and the relationship of the proposed
subdivision to adjoining, existing, proposed
and possible subdivision of lands.
2. The City staff shall distribute copies of the
preliminary plat to other City departments ,
utility companies, and county and state
agencies as appropriate with the request that
their recommendations for either approval or
disapproval be provided in writing. Such
recommendations shall be forwarded to the
Subdivision Committee along with the staff ' s
own recommendation.
D. Subdivision Committee Review -- The Subdivision
Committee of the Planning Commission shall review
the preliminary plat along with the staff
recommendation for approval, disapproval or
modification and then shall submit its
recommendation accompanied by a copy of the
staff ' s recommendation to the full Planning
Commission for final action.
E. Planning Commission Action -- The Planning
Commission shall review preliminary plats at its
regularly scheduled monthly meeting at which time
interested persons may appear and offer evidence
in support of or against such preliminary plat.
The Planning Commission shall then approve,
conditionally approve, deny or defer the plat.
Notification of decision and reason shall be
17
4
provided in writing to the subdivider within five
days of the Planning Commission' s meeting at which
the public hearing was held.
1. Approval
a. A preliminary platapproved by the
Planning Commission shall be effective
and binding upon the Commission for
twelve (12) months or as long as work is
actively progressing, at the end of
which time the final plat application
for the subdivision must have been
submitted to the Planning staff . Any
plat not receiving final approval within
• the period of time set forth herein or
otherwise conforming to the requirements
of this Ordinance, shall be null and
void, and the developer shall be
required to submit a new plat of the
property for preliminary approval
subject to all zoning restrictions and
subdivision regulations.
b. Approval of the preliminary plat shall
be accompanied by a Certificate of
Preliminary Plat Approval executed by
the Planning Director. Such approval
authorizes the subdivider to proceed
with preparation of an application for
final plat approval.
c. Receipt by the subdivider of the
executed Certificate of Preliminary Plat
Approval is authorization to proceed
with the preparation of necessary plans
and specifications and the installation
of required public improvements.
The subdivider shall build all public
street and drainage improvements to the
specifications of the construction plans
approved by the City's Engineering
Division. Construction work shall be
subject to on-site inspections by the
City to verify conformance with the
approved construction plans.
18
a 4a
2. Conditional Approval. - If the application is
conditionally approved by the Planning
Commission, the Planning Director shall
specify such conditions to the applicant in
writing within five (5) days of Planning
Commission action, with a copy supplied to
the engineer. Such conditions shall be
agreed to by the applicant and necessary
changes made to the preliminary plat before
the Certificate of Preliminary Plat Approval
can be executed by the Planning Director.
3. Denial - If the application is denied by the
Planning Commission the applicant shall be so
notified in writing within five (5) days and
the reasons therefor shall be enumerated. A
denied application may be resubmitted to the
staff after required modifications have been
made.
4. Deferral - The Planning Commission may at its
discretion, or at the subdivider' s request,
defer a preliminary plat in accordance with
the provisions of the "Bylaws of the Little
Rock Planning Commission. "
SECTION 37. 15 -- FINAL PLAT PROCEDURE
A. Application - An applicant seeking the approval of
a final plat shall submit the necessary documents
to the Office of Comprehensive Planning. Such
application shall conform to the submittal
requirements described in Article IV, Section 3. 0 ,
of this Ordinance.
B. Review of the Final Plat - The Engineering
Division of the Department of Community Services
shall review the final plat application for
conformity with the approved preliminary plat.
The plat will then be returned to the Office of
Comprehensive Planning for final action.
C. Approval - Responsibility for final plat approval
shall reside with the Planning Director,
who shall approve or disapprove the final plat
within thirty (30) days of the submission thereof ,
unless the subdivider agrees in writing to
deferral. Within fifteen (15) days of the
submittal of the final plat, the Planning
Director shall notify the applicant of the status
of his plat. No final plat shall be approved
until its conformance with the preliminary plat
19
has been verified and the subdivider and the City
have entered into an agreement assuringcompletion
g
of all required improvements as specified in
Article VI, Section 2. 0 of this Ordinance.
Approval of the final plat shall be accomplished
when the Planning Director signs the Certificate
of Final Plat Approval as shown in Article IV,
Section 3. 0 of this Ordinance.
D. Denial - Any plat submitted for final plat
approval not in conformance with the preliminary
plat as determined by the Planning Director shall
be denied. If the final plat is denied, such
decision shall be communicated to the subdivider
in written form expressing the reasons therefor
within five ( 5) days after such determination is
made. Any plat applications denied by the
Planning Director may be appealed to the Planning
Commission for their action.
E. Staging - The subdivider may, and in conformance
with the provisions of Article IV, Section 3. 0 of
this ordinance seek final approval for only a
portion of the property for which the preliminary
plat was approved. For residential plats,
however, such stages shall contain at least five
( 5) percent but in no case less than (5) lots of
the toal number of lots contained within that
phase of the approved preliminary plat seeking
final plat approval. The Planning Commission may
require that the performance bond for the public
improvements be in such amount as is commensurate
with the stage of the plat being filed and may
defer additional performance bond requirements
until additional stages of the plat are offered
for filing.
SECTION 37. 16 -- COMBINED PRELIMINARY AND FINAL PLAT
PROCEDURE
A. Submission of Combined Application - Based upon
the pre-application procedure, and for minor
subdivisions, lot splits , and planned unit
developments where no public purpose would be
served by separate steps, a combined preliminary
and final plat procedure may be authorized in the
following circumstances and in conformance with
the requirements and standards specified herein.
B. Minor Subdivisions -
1. Authorization - The staff may authorize a
combined preliminary and final review
procedure for minor subdivisions. All plats
submitted as minor subdivisions, shall
20
'-
require review and approval by the Planning
Commission.
2. Definition - In order to qualify as a minor
subdivision, a proposed subdivision must meet
the following requirements:
a. The proposed plat does not create more
than four lots , tracts or parcels of
land.
b. The proposed plat is intended for
residential or commercial use only and
is not more than five (5) acres in size.
c. The proposedplatdoes not involve
dedication of public street or access
easement through rather than adjacent to
the lot, tract or parcel proposed for
subdivision.
3. Review and Approval - Request for minor
subdivision approval shall be made by the
owner of the land to the Office of
Comprehensive Planning. Subdivision
requirements shall be the same as those
required for final plat. The Subdivision
Committee and the Planning Commission shall
review the plat at their next regularly
scheduled monthly meeting. If the final plat
is in conformance with the objectives and
standards of this Ordinance and all required
information is contained thereon, the
Planning Commission shall certify its
approval of the plat, making proper notation
on the original tracing of said plat, and
permit the plat ' s recording in the Office of
the Circuit Clerk.
C. Lot Splits -
1. General Intent and Definition - The Planning
Commission hereby delegates to and designates
the Planning Director the authority for
approving or disapproving lot splits where a
single lot, tract or parcel is being split
into two lots of equal or equivalent size.
Such authority shall be exercised in
accordance with the following regulations.
2. Application of Procedure - Request for lot
split approval shall be made by the owner of
the land to the Office of Comprehensive
Planning. Four (4) copies of a drawing to
21
1 scale of the lots involved if there are no
structures thereon, or if structures are
located on any part of the lot being split,
four (4) copies of a survey of the lot(s) and
the location of the structure( s) thereon,
together with the precise nature, location
and dimensionsof the split, shall accompany
the application.
3. Approval . Guidelines - Approval ordisapproval
of lot splits shall be given based on the
following guidelines:
a. No new street or alley is required.
b. No vacation of streets, alleys setback
lines, access control or easements is
required or proposed.
c. Such action will not result in any
significant increases in public service
requirements , nor will interfere with
maintaining existing public service
levels.
d. There is adequate street right-of-way as
required by these regulations and the
Master Street Plan.
e. All easement requirements have been
satisfied.
f . Both lots created by such split shall
have direct access to a public street
according to the provisions of this
Ordinance.
g. No substandard sized lots or parcels
shall be created.
h. Such action will not result in a lot
being split into more than two (2)
tracts.
4. Approval - The Planning Director shall, in
writing, either approve, conditionally
approve, or disapprove the proposed lot split
within thirty 30 days of application. If
approved, and after all conditions have been
met, the Director shall sign and furnish a
certified copy thereof and it shall be
submitted by the applicant for recordation
22
/ t
with the Circuit Clerk. One copy of the
final recorded plat shall be furnished by the
applicant to both the Department of Community
Services and the Office of Comprehensive
Planning.
D. Planned Unit Development - The Planned Unit
Development process is especially designed to
combine preliminary and final plats into a single
streamlined procedure as a means of facilitating
the development approval process. The Planning
Director may authorize the combination of
preliminary plans for such projects in accordance
with Article VII , Section 43-48 , of the Little
Rock Zoning Ordinance.
E. Plat Specifications - The final plat for minor
subdivision or lot-splits shall be prepared on
accepted tracing material or mylar film at a scale
of 1" - 100 ' or larger and shall conform to all
requirements for submission of a regular final
plat as outlined in Article IV, Section 3. 0.
F. Fees - The applicant shall submit all necessary
fees and meet all submittal requirements at the
time of the filing as described in Article IV,
Section 3. 0 of this Ordinance.
23
{ S
ARTICLE IV. - SUBDIVISION REQUIREMENTS
SECTION 37. 17 -- PRE-APPLICATION REQUIREMENTS
In conjunction with a pre-application conference with
the staff , whether optional or required, the subdivider
shall provide the following information:
A. Vicinity Map - The vicinity map, covering a radius
of one-half (1/2) mile of the proposed plat at a
scale of 1" = 2000 ' shall generally locate
arterial streets and highways, section lines,
railroads, schools, parks, and other significant
community facilities. Where possible, the north
direction of the vicinity map shall correspond to
the north direction of the plat.
B. Sketch Plan .- The sketch plan, on a current
topographic survey, shall show in simple sketch
form the proposed layout of streets, lots, and
other features and their relationship to the
surrounding development patterns.
C. Written Information - Written information,
informallysubmitted, shall generally include the
following: The applicant' s name and address , the
agent, acreage in the tract, area allocated to
each land use, proposed bills of assurance,
cultural and natural features of the site, and
anticipated subdivision characteristics including
the approximate number of lots, average lot size,
location of street rights-of-way and easements.
D. Fees and Forms - No application fees or special
forms are required.
SECTION 37. 18 -- PRELIMINARY PLAT APPLICATION REQUIREMENTS
Specific submission requirements include the following
materials:
A. Application Form - A subdivision application form
providing the following information shall be
completed by the applicant and submitted to the
Office of Comprehensive Planning.
1. Proposed name of subdivision.
2. Proposed type of subdivision.
3. Name and address of owner of record.
4. Source of title giving deed record book and
page numer, or instrument number.
24
{ l
5. Name and address of subdivider.
6. Linear feet in streets.
7. Average size of lots and minimum lot size.
8. Number of lots.
9. Location of the tract by legal description
giving acreage to the nearest one-tenth of an
acre.
10. Existing and proposed covenants and
restrictions.
11. Proposed open space.
12. Source of water supply.
13. Where wastewater disposal is to be
accomplished by extending Wastewater Utility
Facilities this curcumstance shall be
indicated.
14. Such further information as the subdivider
wishes to bring to the attention of the
Planning Commission.
B. Vicinity Map - The vicinity map shall cover an
area within a radius of one-half (1/2) mile of the
proposed subdivision at a scale of 1" - 2000 ' .
The drawing shall generally locate arterial
streets, highways, section lines, railroads,
schools, parks, and other significant community
facilities; and, if possible shall be incorporated.
on the preliminary plat.
C. Preliminary Plat - Fifteen (15) black or blue line
prints of the preliminary plat, clearly and
legibly drawn, shall be submitted on white paper
no larger than twenty-four (24) inches by
thirty-six (36) inches. Extra large plats may be
submitted on more than one conforming sheet. Plat
scale shall be 1" = 50 ' for plats up to and
including ten acres and 1" = 100' for plats
larger than ten acres, except where a smaller
scale may be deemed appropriate by the staff. The
preliminary plat shall be identified by the name
of the subdivision, and shall include:
1. Contours shown at intervals of not more than
five (5) feet for terrain with an averge
slope exceeding ten percent (10% ) or more,
25
1 i
and at an interval of two (2) feet for
terrain with slopes of less than ten percent
( 10%) .
2. Proposed design including streets, alleys and
sidewalks with proposed street names , lot
lines with approximate dimensions, service
easements, land to be reserved or dedicated
for public uses, and land to be used for
purposes other than residential.
3. Minimum building front yard setback lines for
commercial/office, industrial, mobile home
park, and residential subdivisions, and all
setback lines for zero-lot-line, apartment
and townhouse development.
4. Natural features within and immediately
surrounding the proposed subdivision
including drainage channels, bodies of water,
wooded areas, and other significant features.
On all watercourses leaving the tract, the
direction of flow shall be indicated, and for
all watercourses entering the tract, the
drainage area above the point of entry shall
be noted.
5. Storm Drainage Analysis showing drainage data
for all watercourses entering and leaving the
plat boundaries. The storm drainage analysis
shall be prepared in sufficient detail to
illustrate the proposed system' s capability
of accommodating a not less than one in ten
year rainfall.
6. Date of survey, north point and graphic
scale.
7. Any portion of property within the 100 year
floodplain, based upon the most recent
available calculations of the U. S. Army Corps
of Engineers, or appropriate federal agency.
8. Cultural features within and immediately
surrounding the proposed subdivision
including existing and platted streets,
bridges, culverts, utility lines, pipelines,
power transmission lines, all easements, park
areas, structures, city and county lines,
section lines, and other significant
information.
26
9. Preliminary storm drainage plan incorporating
proposed easement dimensions and typical
ditch sections.
10. Names of recorded subdivisions abutting the
proposed subdivision, with plat book and page
number or instrument number.
11. For residential plats, names of owners of
unplatted tracts abutting the proposed
subdivision and the names of all owners of
platted tracts in excess of 2. 5 acres.
For commercial plats, names of owners of all
land contiguous to the proposed subdivision.
For both residential and commercial
subdivisions, names of all owners of
landlocked parcels contiguous or within the
plat boundaries.
12. Exact boundary lines of the tract indicated
by a heavy line giving dimensions and all
bearings.
13. Zoning classifications within the plat and
abutting areas.
14. Municipal boundaries that pass through or
abut the subdivision.
D. Engineering Analyses
g g Y
1. Typical Street Cross Sections and Profiles -
At the option of the staff and where a street
grade variance is being requested, the
following information shall be provided.
a. Street cross sections of all proposed
streets at one hundred foot (100)
stations as follows: On a line at right
angles to the centerline of the street,
and said elevation points shall be at
the centerline of the street, each
property line and points twenty-five
( 25) feet inside each property line.
b. Street profiles showing existing and
proposed elevations along centerlines of
all roads drawn at a horizontal scale of
100' to the inch and a vertical scale of
10 feet to the inch, or as otherwise
allowed by the Engineering Division of
the Community Services Department.
Where required, such profiles shall be
prepared by an engineer registered to
practice in the State of Arkansas.
27
2. Floodplain Analysis - Where a portion of a
plat is suspected to be flood. prone, and the.
U. S. Army Corps of Engineers information is
not available, an engineering analysis shall
be required by the Planning Commission.
Such analysis shall determine to the best of
the engineer' s ability a safe building line
and shall be clearly and legibly drawn on the
preliminary plat.
3. Soils Test - Soils test may be required by
the Planning Commission where it is suspected
that soil conditions may affect structural or
operational aspects of the facilities to be
constructed. Such circumstances may include
the stability of slopes, foundation
conditions, and potential hazards created by
deep cuts and fills required for street or
utility construction and similar situations.
E. Certificates, Fees and Bills of Assurance
1. Preliminary Plat Certificates - Each
preliminary plat submitted to the Planning
Commission shall carry the following
certificates as appropriate:
a. CERTIFICATE OF PRELIMINARY SURVEYING
ACCURACY
hereby certify that
this plat correctly represents a
boundary survey made by me and all
monuments shown hereon actually exist
and their location, size, type and
material are correctly shown.
Signed
Date of Execution Name, Registered
Land Surveyor
No. , Arkansas
b. CERTIFICATE OF PRELIMINARY ENGINEERING
ACCURACY
I , hereby certify that
this plat correctly represents a plat
made by me', and that engineering
requirements of the Little Rock
Subdivision Rules and Regulations have
been complied with.
Signed
Date of Execution Name, Registered
Engineer, No.
Arkansas
28
1 4
c. CERTIFICATE OF PRELIMINARY PLAT APPROVAL
All requirements of the Little Rock
Subdivision Rules and Regulations
relative to the preparation and
submittal of a Preliminary Plat having
been fulfilled, approval of this plat is
hereby granted, subject to further
provisions of said Rules and
Regulations. This Certificate shall
expire
Date
Signed
Date of Execution Name,
L. R. Planning
Commission
2. Fees - Filing fees for preliminary plats
shall be those established by City Ordinance
by the Board of Directors of the City of
Little Rock, Arkansas.
3. Bill of Assurance - A draft of any Bill of
Assurance proposed for the subdivison
generally describing proposed covenants,
restrictions and conditions applicable to a
property shall be submitted for review at the
time of preliminary plat review.
SECTION 37. 19 -- FINAL PLAT APPLICATION REQUIREMENTS
A. General - Submission for certification of final
plat approval shall consist of the document plus
fifteen (15) copies showing all certificates as
specified in D (4) below, and with the
Certificate of Owner, Certificate of Engineering
Accuracy and Certificate of Surveying Accuracy
being executed. The final plat shall be clearly
and legibly drawn inblack ink on suitable tracing
material at the same scale and dimensions used for
the approved preliminary plat.
B. Final Plat - The final plat shall indicate the
following information:
1. Name and address of owner of record and
subdivider.
2. Name of subdivision.
3. Date of the plat, north point, and graphic
scale.
29
t ,
4. Names of all streets.
5. True courses and distances to two established
land corners or corners of record which shall
accurately describe the location of the plat.
6. Exact boundary linesof the tract indicated
by a heavy line, or other acceptable control
traverse, giving dimensions to the nearest
tenth or hundreth of a foot and bearings to
the nearest minute, or second in order to
achieve an unbalanced error of closure of at
least one in five thousand.
7. Streets and alleys within and abutting the
subdivision, with street names indicated and
showing the source of dedication.
8. Street centerlines showing angles of
deflection or bearing, angles of
intersection, radii , length of tangents, and
with basis of curve data.
9. Source of title giving deed record book and
page numberorinstrument number.
10. Lot lines with dimensions to the nearest
tenth or hundredth of a foot, bearings and
angles sufficient to reproduce the survey,
and chords and radii of rounded corners.
11. Building setback lines with dimensions.
12. Lot and block numbers.
13. Easements , buffer strips and public service
utility rights-of-way lines giving
dimensions, locations, and purpose.
14. Accurate outlines and descriptions of any
areas to be dedicated or reserved for public
use or acquisition with the purpose indicated
thereon; and of any areas to be reserved by
deed covenant for common use of all property
owners.
15. Accurate locations and description of all
monuments.
16. Key map where more than one sheet is required
to present map.
17. Location of tract by legal description and
giving acreage.
30
l �
C. Written Information
1. Error of closure calculations shall be
submitted when requested. When erors are
suspected, the Planning Commission may cause
a surveyor to check the final plat for
correctness.
2. Certification of approval of water supply and
sanitary sewage disposal by the appropriate
agency, when not connected to the municipal
system.
D. Certificates, Fees, and Bills of Assurance
1. Final Plat Certificates - Each final plat
submitted to the staff for approval shall
carry the following certificates printed
thereon.
a. CERTIFICATE OF OWNER
We, the undersigned, owners of the real
estate shown and described herein, do
hereby certify that we have laid off ,
platted, and subdivided, and do hereby
lay off , plat, and subdivide said real
estate in accordance with this plat.
( Signed)
Date of Execution Name
Address
Source of Title: D. R. Page
Instrument No.
b. CERTIFICATE OF RECORDING
This document, number filed for
record , 19 , in Plat Book
Page
(Signed)
(Name) Clerk
31
c. CERTIFICATE OF ENGINEERING ACCURACY
I , hereby certify that
this plat correctly represents a plan
made by me, and that the engineering
requirements of the Little Rock
Subdivision Rules and Regulations have
been complied with.
(Signed)
Date of Execution Name, Registered
Professional
Engineer No.
Arkansas
d. CERTIFICATE OF SURVEYING ACCURACY
I , hereby certify that
this plat correctly. represents a
boundary survey made by me and boundary
markers shown hereon actually exist and
their location, type and material are
correctly shown.
(Signed)
Date of Execution Name, Registered
Land Surveyor No.
, Ark.
e. CERTIFICATE OF FINAL APPROVAL
Pursuant to the Little Rock Subdivision
Rules and Regulations, and all of the
conditions of approval having been
completed, this document is hereby
accepted. This Certificate is hereby
executed under the authority of said
Rules and Regulations.
(Signed)
Date of Execution L. R. Planning
Commission
2. Fees - Filing fees for final plat shall be
those established by City Ordinance by the
Board of Directors of the City of Little
Rock.
32
7 •
3. Bill of Assurance - The Bill of Assurance
shall be submitted to the staff for review
and approval with the final plat. Such
document shall incorporate the same
provisions as those filed with the
preliminary plat, including but not
necessarily limited to the following:
offering dedications of streets and alleys,
parks and other public lands; establishing
easements, setting forth privileges and
conditions pertaining thereto, and setting
forth the restrictions and covenants of the
subdivision; setting forth procedures by
which amendments to the Bill of Assurance can
be made. Said Bill of Assurance shall
contain reference to the approval of the
final plat.
Where minimum floor elevations are required
to be placed on the final plat, the source of
the information by which the elevation was
obtained shall be shown on both the plat and
contained in the Bill of Assurance. The Bill
of Assurance shall contain language advising
the property owner to verify the most current
information available on the status of
flooding on the property.
33
ARTICLE V. - DESIGN STANDARDS
SECTION 37. 20 -- GENERAL PRINCIPLES
In addition to the requirements for improvements and
their design, the following considerations shall guide
the staff , the Subdivision Committee, and the Planning
Commission in their review of proposed subdivision
plats.
A. Conformance to Rules and Regulations - All
proposed subdivisions shall conform to the
following laws, rules and regulations:
1. The Municipal Plan, Master Street Plan and
Master Parks Plan as applicable within the
planning area jurisdiction.
2. , Municipal Zoning Ordinance and Building and
Housing Codes as applicable within the
corporate limits.
3. Standards and regulations adopted by the
Department of Community Services , and all
boards , commissions and agencies of the City
of Little Rock.
4. Established goals, objectives, and policies
of the Board of Directors and the Planning
Commission.
5. When rezoning is required to bring a proposed
subdivision into conformance with the
authorized land use, such action shall be
initiated by the applicant prior to or
simultaneously with the request for
subdivision approval. If the zoning
classification of property is changed
subsequent to final approval, a replat of the
property may be required by the Commission.
B. Character of the Land - Land which the Planning
Commission finds to be unsuitable for a
subdivision or development due to flooding, and
improper drainage, steep slopes, rock formations,
adverse earth formations or topography, utility
easements or other such features deemed harmful to
the safety, health, and general welfare of the
present or future inhabitants of the subdivision
and its surrounding areas, shall not be subdivided
or developed unless adequate methods are
formulated by the developer and approved by the
Planning Commission to solve the problems created
by the unsuitable land conditions. Such land
34
shall be set aside for uses that shall not involve
such a danger.
In particular, land within the 100 year floodplain
as defined by the U. S. Army Corps of Engineers or
the appropriate federal agency shall not be
platted for urban purposes, unless the subdivider
shall incorporate such improvements as required by
the Planning Commission as will render the area
substantially safe for development.
C. Adequacy of Public Facilities and Services - Land
which is neither provided, nor programmed by the
City to have adequate water, sanitary sewer
services or storm drainage facilities shall not be
subdivided for purposes which require such
services. The availability of transit service,
fire protection, police protection, refuse
service, public schools, and parks and recreation
facilities shall be considered by the staff in its
analysis of the plat.
D. Reservation of Public Facilities - Where proposed
community or public facilities of the municipal
plan are located in whole or in part in a proposed
subdivision, the Planning Commission, Board or
public body shall require that land for those
public facilities be reserved as a condition of
preliminary plat approval for a period of four (4)
months following the date of notification of the
developer ' s intent to develop as evidenced by
submission of the preliminary plat or sketch plat.
The public board, commission or body having
jurisdiction or financial responsibility for the
• acquisition of said reserved facility or
facilities shall be given an opportunity to
execute a written contract to acquire by purchase
or file suit for condemnation of said area
reserved for such facility or facilities.
Provided further, however, said contract to
acquire must be closed within twelve months
following the date of the approval of said
preliminary plat.
E. Subdivision and Street Names - The proposed name
of subdivision and streets shall not duplicate, or
too closely approximate phonetically, the name of
any street or subdivision in the area covered by
these regulations. The Planning Commission shall
have final authority to designate street and
subdivision names, where conflicts exist with
other established subdivisions with the county.
F. Approval of Planned Unit Development - Design
standards outlined in Article V of this Ordinance
and in Article VII of the Zoning Ordinance shall
35
1 4
serve as overall guidelines for project approval
through the PUD process. Such standards, however,
may be modified for a Planned Unit Development
which, in the judgment of the Planning Commission,
will provide adequate public spaces and
improvements for the circulation, recreation,
light, air and service needs of the area when
fully developed.
G. Provision of Access to Adjacent Unplatted Property
Proper access in the form of stub streets or
temporary dead-end streets shall be provided to
adjacent unplatted property unless , in the
judgment of the Planning Commission, topographic
conditions or similar physical impediments
preclude reasonable provision of such access , or
alternate routes of access are, or will be
availalble in the future.
SECTION 37. 21 -- STREETS
A. General Guidelines
1. Streets shall be related appropriately to the
topography so as to produce usable lots and
streets of reasonable gradient. Street
grades shall conform as closely as possible
to the original topography. Combinationsof
steep grades and curves shall be avoided.
2. The proposed street layout should be
appropriate for the type of development
proposed and properly integrated with the
street system in the area adjoining the
subdivision. The layout shall also conform
to the existing and proposed land uses and
the most advantageous development pattern for
the surrounding area.
3. Major traffic generators such as industries,
business districts , schools, shopping
centers, and residential development with a
density in excess of 18 units per gross acre
shall obtain primary access from streets
classified as collectors and above.
4. Residential streets shall be laid out to
discourage the use of through traffic, to
permit efficient drainage and utility systems
and to require the minimum length of pavement .
necessary to provide convenient and safe -
access to property. Curvilinear streets,
culs-de-sac, and loop streets shall be
encouraged where such use will result in a
moredesirablelayout.
36
5. Proposed through streets shall be extended to
the boundary lines of the tract to be
subdivided, unless the Planning Commission
has determined that such extension is not
necessary or desirable for the coordination
of the layout of the subdivision with the
existing layout or the most advantageous
future development of adjacent tracts.
B. Right-of-Way/Paving Width
1. Every subdivision shall be served by an
adequate system of publicly dedicated streets
or their private counterparts as specified
herein. All public streets within the
subdivision shall be located, platted and
dedicated to the City in accordance with the
Master Street Plan and the standards and
procedures outlined in this Ordinance.
2. The City may require right-of-way dedications
of up to one hundred feet. Right-of-way
dedications in excess of one hundred feet as
shown on the recorded Master Street Plan
shall be reserved for acquisition subject to
the following conditions: (1) the public
board, commission, or body having
jurisdiction or financial responsibility for
the acquisition of said right-of-way shall
within four months following the approval of
the preliminary plat execute a written option
to acquire by purchase or file suit for
condemnation of said right-of-way and (2)
said option to acquire must be exercised and
fully consummated within twelve months
following the date of the approval of the
preliminary plat.
3. New- perimeter half-streets shall be avoided.
Whenever a proposed subdivision abuts a
dedicated or platted half-street, however,
the other half-street shall be platted. The
Planning Commission may authorize a new
perimeter street when the subdivider improves
and dedicates the entire required street
right-of-way width within his own subdivision
boundaries.
37
7
RESIDENTIAL STREET CLASSIFICATION
MINOR
DESIGN ARTERIAL ARTERIAL RESI- RESI-
CONSIDERATION FREEWAYS PRINCIPAL MINOR COLLECTOR DENTIAL DENTIAL
Approximate NA 40 40 30 25 NA
Design Speed
(Miles Per Hour)
Maximum Grade NA 9% 9% 12% 15% 16%
at- Centerline
Minimum Right- As req- 120' 80 ' 60 ' 50 ' 45 '
of-way uired by
Master
Street
Plan
Minimum Street As req- 72' 48 ' 36' 27 ' 24'
Width (Back to uired by
Back of Curb) Master
Street
Plan
Minimum Sight NA 300 ' 300 ' 200' 150 ' 150 '
Distance at
Crest of
Vertical Curve
Sidewalks NA Both Both One One None
Sides Sides Side Side
Minimum NA 600 ' 600' 300 ' 150 ' 75'
Horizontal
Radius at
Centerline
Minimum NA 200 ' 200 ' 100' NA NA
Horizontal
Tangent Distance
Between Reverse
Curves
38
4. Dead-end Streets and Culs-de-sac
a. Culs-de-sac shall have a maximum length
of 750 feet unless otherwise approved by
the Planning Commission. Where a street
does not extend to the boundary of a
subdivision, and its continuation is not
required by the Planning Commission for
access to adjoining property, its
terminus shall not normally be closer
than fifty (50) feet to such boundary.
b. Culs-de-sac turnarounds shall be
provided at the end of all permanent
dead-end streets. Culs-de-sac
turnarounds for residential streets and
minor residential streets shall have a
right-of-way diameter of one hundred
( 100) feet and a pavement width diameter
of eighty (80) feet, with an optional
inside radius of twenty ( 20) feet to the
back of the curb and forty ( 40) feet to
the outside of the back of the curb.
c. In the case of temporary dead-end
streets, which are stub streets designed
to provide future connections with
unsubdivided adjacent areas, the
Planning Commission may require a
temporary easement for a turnaround of
the type discussed in b. above or an
appropriate area for a back around.
5. Street Grades - Grades on streets shall not
exceed the following standards:
a. Principal and minor arterials - 9%
b. Collector Streets - 12%
c. Residential Streets - 15%
d. Minor Residential Streets .- 16%
e. Residential cul-de-sac - 16%.
Cul-de-sac centerline slope surface on
downhill grades shall not exceed seven
( 7) percent within the last fifty feet
of the pavement. Culs-de-sac centerline
slope surface on uphill grades shall not
exceed twelve (12) percent with the last
fifty feet of the pavement.
f . No street surface shall have a finished
grade of less than 1/2 of 1% in order to
insure adequate drainage.
39
g. Subject to Engineering Division
approval, street grades may be increased
above the maximum grades stated herein
by not more than two (2) percent and not
to exceed two hundred (200 feet in any
contiguous segment. Average (positive
or negative) grade of the entire street
segment shall not exceed the stated
requirements.
6. Minimum Horizontal Radius at Centerline - To
ensureadequate sight distance on curves , the
minimum centerline radii for horizontal
curves shall be as follows:
Arterial Streets 600 Ft.
Collector Streets 300 Ft.
Residential Streets 150 Ft.
Minor Residential Streets 75 Ft.
7. Tangents - Between reverse curves a tangent
of not less than two hundred (200) feet for
arterial streets and one hundred (100) feet
for collector streets shall be required.
This requirement may be modified by the
Planning Commission for residential streets
where topography or other conditions makes
such a modification desirable for maintaining
a suitable layout.
8. Intersections and Alignment
a. Street intersections shall be laid out
as nearly at right angles as possible
and may be curved to bring this about.
The centerline of no more than two (2)
streets shall intersect at any one
point. No intersection shall be at an
angle of less than seventy-five (75)
degrees.
b. Where collector or arterial streets
intersect other collectors or arterial
streets , the curb radii at the
intersection shall not be less than
thirty-one and one-half (31 1/2) feet.
c. Street jogs with centerline off sets of
less than one hundred twenty-five (125)
feet shall be avoided. Proposed new
intersections along one side of an
existing street shall, whenever
practicable, coincide with any existing
intersections on the opposite side of
the street.
40
d. Intersections shall be designed with
grades as level as possible consistent
with proper provision for drainage. In
approaching intersections, the leveling
area shall have a grade not exceeding
five (5) percent for a distance of not
less than thirty (30) feet measured from
the nearest curb or edge of the
pavement.
e. Additional street paving and/or
right-of-way in the form of turning
lanes may be required by the Engineering
Division of the Community Services
Department at intersections of collector
and arterial streets.
f . Property line corners at street
intersections shall be rounded with a
radius of at least twenty ( 20) feet.
g. Where visibility at any proposed street
intersection would be impeded by earthen
berms or existing vegetation, the
developer shall cut such ground and/or
vegetation in conjunction with the
grading of the street right-of-way
sufficient to provide adequate site
distance as specified in City of Little
Rock Ordinance #11, 414.
h. Street intersections shall be located to
avoid creating hazardous driving
conditions.
9. Private Streets - Private streets for
residential development may be approved by
the Planning Commission provided that the
design standards conform to those of public
streets as specified in this Ordinance.
Private streets are permissable only in the
form of culs-de-sac and short loop streets
and only when it has been determined that
these streets can be adequately served by all
public service vehicles. Such streets will
not be permitted where there is a possibility
of through traffic or eventual connection to
another public street. It shall be incumbent
on the applicant to demonstrate that the
private streets will not unreasonably limit
access to adjacent parcels, hinder logical
traffic patterns, or otherwise be contrary to
the public interest. The subdivider shall
provide for permanent maintenance of all
private streets in the Bill of Assurance.
41
SECTION 37. 22 -- EASEMENTS
A. Utility Easements - Utility easements for poles,
wires, conduits, storm sewers, sanitary sewers,
gas lines, water mains and lines, and similar
purposes shall be provided where required by
utilities or the Engineering Division. Such
easements shall not be less than five (5 ) feet on
either side of the rear lot lines and five (5)
feet on either side of the side lot lines. The
specific location of easements not uniform in
width and parallel to lot lines must be shown by
dimensions.
B. No building or structure may be erected over or in
an easement.
C. All vehicular access easements shall be clearly
indicated on the plat and properly dimensioned
according to the requirements of this Ordinance.
SECTION 37. 23 -- ALLEYS
Alleys may be allowed at the rear of commercial lots ,
but shall not be provided in residential blocks except
where the subdivider produces evidence satisfactory to
the Planning Commission of the need for alleys. Such
circumstances shall be interpreted to include
provisions for alternative access for lots fronting on
arterial streets. Alley right-of-way widths shall not
be less than twenty ( 20) feet and paving widths of not
less than seventeen (17) feet. Where alleys are
provided, intersections, sharp changes in alignment and
dead-ends shall be avoided.
SECTION 37. 24 -- LOTS
A. Every lot shall abut upon a public street, except
where private streets are explicitly approved by
the Planning Commission. .The size, shape and
orientation of lots shall be appropriate for the
location of the subdivision and for the type of
development and use contemplated.
B. Minimum lot dimensions shall conform to the
requirements of Zoning Ordinance for the
applicable zoning district within the City limits.
Within the planning jurisdiction the following
minimum lot dimensions shall prevail :
Width Depth
•
Single Family Detached Residential 60 ft. 100 ft.
Duplex 70 ft. 100 ft.
Apartment Building (4 units or 70 ft. 100 ft.
less)
42
1. Townhouse Lots —Submission of a plat
creating lots for townhouse residences shall
be accompanied by a generalized site plan
showing the proposed location and dimensions.
of all buildings , accessory uses and other
improvements. Such lots shall be not less
than 22 feet in width by 80 feet in depth,
and with overall size of 2 ,000 square feet.
Platted building lines shall conform to
building location shown in the generalized
site plan.
2. Zero-Lot-Line Residential Lots - Submission
of a plat creating a zero-lot-line
development shall be accompanied by a
generalized site plan showing the proposed
locations and dimensions of all buildings,
accessory uses and other improvements. Such
lots shall be not less than 50 feet wide by
100 feet in depth and with a minimum overall
size of 5,500 square feet. Platted building
lines shall be shown on all sides of each
lot. Platted building lines shall conform to
building locations shown on the generalized
site plan.
C. No residential lot shall be more than three (3 )
times as deep as it is wide, except lots approved
under Paragraph H. of this Section. Nor shall any
lot except lots designated for townhouse use
average less than 100 feet in depth. Lot width
shall be measured at the building line except in
the case of lots abutting culs-de-sac where the
average width of the lot shall be used.
D. Lots served by a public water system and proposed
to be served by a septic tank system must submit
at the time of preliminary plat filing a written
certification of approval by the Arkansas State
Department of Health. The lot sizes allowable by
this certification shall be indicated on the plat.
E. Where a subdivision abuts or contains an existing
or proposed arterial street, freeway expressway,
or railroad right-of-way, the Planning Commission
shall encourage double frontage and reversed
frontage lots as a means of providing adequate
protection of residential development and to
afford separation of land from through traffic.
Double frontage lots may also be used to
facilitate residential development in hillside
areas as defined in Article V, Section 13. 0 of
this Ordinance. Elsewhere double frontage lots
shall be avoided.
F. Side lot lines shall be at right angles to street
lines or radial to curving street lines unless a
variation from this regulation will give a better
43
street or lot plan or allow better utilization of
conservation of energy.
G. Corner lots for residential use shall have a
minimum width of seventy-five (7 5) feet to
accommodate the required building line on both
streets and to assure adequate visibility for
traffic safety.
H. Pipe-stem-lots may be permitted in residential
subdivisions provided that the stem or narrowest
part of such a lot, shall not be less than twenty
( 20) feet in width or have a length of more than
two hundred (200) feet.
I . In residential subdivisions where lots abut a
freeway, expressway, or occupied mainline
railroad right-of-way, such lots shall have an
overall depth of not less than one hundred seventy
five (175) feet in order to ensure proper
separation of residences from adjacent
thoroughfare or railroad line.
SECTION 37. 25 -- PLATTED BUILDING LINES AND BUFFERS
A. Building lines for residential lots shall be at
least twenty-five (25) feet from each street
property line except in the following
circumstances: residential lots fronting on
collector streets shall have a platted building
line not less than thirty (30) feet from the
right-of-way line; residential lots fronting on a
minor arterial street shall have a platted
building line not less than thirty-five (35) feet
from the right-of-way line; residential lots
fronting on principal arterials shall have a
platted building line not less than forty ( 40)
feet from the right-of-way line. A thirty (30)
foot setback is required for those residential
units not containing a carport or garage.
B. Along arterial streets where it is desirable to
limit curb cut access , building lines shall be
established on both frontages of double frontage
lots. Along the line of lots abutting such
traffic artery, a restricted access easement of at
least ten (10) feet, across which there shall be
no right-of-vehicle access permitted, shall be
provided.
C. Multi-family (more than four units) subdivisions
abutting residential subdivisions or areas zoned
for residential use shall protect such areas from
potential nuisance by providing a minimum forty
( 40) ft. buffer strip and a fence not less than
six feet in height. Where possible, existing
plant materials within the buffer strip shall be
maintained. If not possible, suitable landscaping
44
including trees, ground cover and other plant
material natural to the area shall be provided.
No building, outside storage, or parking areas
shall be constructed in the buffer area. The six
( 6) foot fence shall be of wood, masonry, or metal
construction and shall extend along the entire
property line abutting the residential areas as
specified above.
SECTION 37. 26 -- BLOCKS
A. The lengths, widths and shapes of blocks shall be
determined with due regard for the following'
considerations: the provision of adequate
building sites suitable for the type of use
contemplated, zoning requirements as to lot sizes
and dimensions, need for convenient traffic access
and circulation, and thelimitations and
opportunities of topography.
B. Blocks in residential subdivisions shall not
exceed twenty-two hundred (2200) feet in length
nor be less than four hundred (400) feet in width.
Wherever practicable, blocks along major and minor
arterial streets shall benot less than one
thousand (1 , 000) feet in length.
C. Blocks may be irregular in shape, provided they
are harmonious with the overall pattern of blocks
in the proposed subdivision, and provided their
design meets the requirements of lot standards ,
traffic flow and control considerations, and
development plan requirements.
D. Blocks shall have sufficient width to provide
for two tiers of lots of appropriate depth unless
a different arrangement is required in the form of
a single tier of lots of maximum depth for blocks
adjacent to arterial streets, expressways,
freeways, railroads or waterways.
E. In blocks of nine hundred (900) feet or more in
length, the dedication of a public crosswalk for
pedestrian travel may be required to provide
access to public or private facilities such as
schoolsor parks.arks. Such crosswalks shall have a
minimum right-of-way width of ten (10) feet and a
pavement width of four (4) feet and extend
entirely across such block at approximately the
midpoint of the length of the block. Internalized
circulation systems in the form of pedestrian
paths may be substituted in lieu of crosswalks
upon the approval of the Planning Commission.
SECTION 37. 27 -- SIDEWALKS
Sidewalks shall be a minimum of four (4) feet wide and
45
i S.
shall be installed within the dedicated right-of-way
adjacent to the property line, except where otherwise
specified in this section and except where the land is
topographically unsuited for the construction of
sidewalks. Sidewalks shall be required as follows:
A. On both sides of major and minor arterials.
B. On one side of collector streets.
C. On both sides of residential streets platted for
multi-family development, and on one side of
standard residential streets except as specified
under Article V, Section 8. 0 G herein.
D. Internalized pedestrian circulation system in the
form of paved pathways may be substituted for
sidewalks along collector and residential streets
upon the request of the applicant and the approval
P q P PP
of the Planning Commission.
E. On residential and collector streets the developer
shall have the option of locating sidewalks
adjacent to the curb.
F. The Planning Commission may, at its option,
require five ( 5) foot sidewalks in conjunction
with commercial subdivision approvals or in other
places of public assembly, or anticipated heavy
pedestrian traffic volumes.
G. Sidewalks shall not be required on standard
residential streets conforming to minor
residential street length and configuration
standards.
H. Sidewalks are not required to be constructed at
the same grade of the curb of the street nor are
they required to be constructed in a straight line
if such straight line construction would damage
trees.
SECTION 37. 28 -- STORM DRAINAGE
A. Every subdivision shall make adequate provision to
accommodate or dispose of storm water by means of
drains, sewers, catch basins, culverts, and other
facilities deemed necessary by the Engineering
Division of the Community Services Department.
B. Facilities for storm drainage should be designed
and constructed so as to minimize increases in the
rate of storm runoff onto adjoining property over
that which existed prior to development.
46
S ;
C. Facilities for storm drainage shall be of adequate
capacity, and designed in accordance with not less
than a one in ten year rainfall (except in the
Central Business District where one in fifty year
design will be used) . Provision shall be made for
storm water emergency overflow in subdivisions
having enclosed storm systems. This system is an
above ground system consisting of swales or other
drainage mechanisms with the capacity to carry
excess water not carried. by the underground
system. This system shall have the capacity of a
storm of a 100 year return frequency.
D. Breaks in the curb with concrete aprons may be
allowed in lieu of inlets where discharge does not
exceed four cubic feet per second (CFS) .
E. Where a subdivision is traversed by a
watercourse, channel, or stream a storm water
easement or drainage right-of-way shall be
provided. Such easement or right-of-way shall
conform substantially to the lines of the
watercourse as it enters and leaves the property
and shall be of sufficient width and construction
to provide adequate storm water drainage and
access for maintenance thereof , but not less than
twenty ( 20) feet in width.
F. Valley gutters may be utilized at residential
street intersections where surface water drainage
to be accommodated is less than five(5) cubic feet
per second (CFS) .
G. Box culverts and bridges which cross streets in
the City right-of-way need not extend to the
right-of-way on each side but shall be of
sufficient width to accommodate vehicular and
pedestrian traffic.
H. Any area or lot which may be prone to local
flooding shall have the lowest allowable finished
floor elevation indicated on the final plat. This
elevation shall be that corresponding to one foot
above the flood elevation for a one in one hundred
( 100) year rainfall intensity and must be approved
by the Engineering Division of the Community
Services Department.
I . Storm water may not be diverted from one watershed
to another within the plat boundaries.
47
SECTION 37. 29 -- COMMERCIAL/OFFICE SUBDIVISIONS
A. General - In addition to the principles and
standards in these regulations, which are
appropriate to the planning of all subdivisions,
the applicant shall demonstrate to the
satisfaction of the Planning Commission that the
street, parcel, and block pattern of all proposed
commercial/office subdivisions are adapted to the
uses anticipated and that the prospective physical
impact on adjacent areas has been taken into
account. The following general principles and
standards shall be observed:
1. Commercial/office subdivisions abutting
residential subdivisions or areas zoned for
residential use shall protect such areas from
potential nuisance by providing a minimum
forty (40) ft. buffer strip and a fence not
less than six (6) feet in height. Where
possible, existing plant materials within the
buffer strip shall be maintained. If not
possible, suitable landscaping including
trees, ground cover and other plant material
natural to the area shall be provided. No
building, outside storage, or parking areas
shall be constructed in the buffer area. The
six (6 ) foot fence shall be of wood, masonry,
or metal construction and shall extend along
the entire property line abutting the
residential areas as specified above.
2. The Planning Commission, shall require the
subdivider to file a proposed subdivision
phasing plan providing for continuity of
development and individual phases of
reasonable proportions. Single lot final
plats and plats which create discontinuity
within the development may be prohibited by
the Planning Commission.
3. For commercial/office subdivisions not
greater than 20 acres in size, all boundary
street improvements shall be completed in
conjunction with the initial phase of the
staging plan.
48
B. Rights-of-Way and Pavement Width - Perimeter
streets abutting a proposed commercial subdivision
shall be developed in accordance with the Master
Street Plan. Where an internalized system of
public streets or private service easements is
proposed for commercial subdivision, the following
design standards shall be observed:
MINIMUM MINIMUM
R.O.W. PAVING
STREET TYPE WIDTH WIDTH SIDEWALKS
Commercial Street 60 ft. 40 ft. Both sides
Minor Commercial Street 50 ft. 27 ft. Both sides
(A cul-de-sac not more
than 300 ft. long)
Alley (when required) 20 ft. 17 ft. NA
C. Vertical and Horizontal Alignment - Vertical and
horizontal alignment shall conform to collector
street standards as outlined in Article V, Section
2. 0 of this Ordinance.
D. Lots - The depth and width of commercial lots
shall be adequate to provide for the off-street
service and parking facilities required by the
type of use and development contemplated; except
that minimum dimensions for commercial lots shall
be one hundred (100) feet of frontage by one
hundred and fifty (150) feet of depth. No
commercial/office lot shall have a depth exceeding
three times the width. Pipe-stem-lots are
expressly prohibited in commercial/office
subdivisions.
E. Blocks - In the interest of efficient traffic
circulation, and to ensure a suitable relationship
between the street system and the proposed
commercial use, blocks in commercial/office
subdivisions shall generally be not less than six
hundred (600) feet or more than one thousand
( 1, 000) feet in length.
F. Platted Building Line - Front yard building lines
for commercial lots shall be at least forty-five
( 45) feet from the street right-of-way to ensure
adequate space for landscaping, off-street
parking, loading facilities, and internalized
vehicular movement. Where a landscaped green area
is substituted for parking and vehicular movement
area between the building line and the street
right-of-way, however, a 25 foot front yard
setback may be approved by the Planning
Commission. Approval of the 25 foot commercial
49
building line shall be permitted on all lots .
fronting on streets as defined in this Ordinance
and shall be contingent upon submission of both a
site plan dimensioning the landscaped area and a
Bill of Assurance prohibiting use of the yard area
for parking. Such landscaped areas may be
traversed by not more than two driveways providing
access to the sides and rear of the lot. Side
yards for commerical property abutting other
commercial property shall be twenty-five (25) ft.
G. Internal Circulation - Where any commercial
subdivision has in excess of three hundred (300)
feet of frontage on an arterial street, special
provisions for internal circulation shall be
required to ensure proper ingress and egress.
Alternative design solutions which may be required
by the Planning Commission depending upon the
circumstances unique to each situation include
provision of public commercial streets, service
easements, curb cuts, or some combination
thereof.
1. , Public Commercial Streets - Public commercial
streets shall be provided according to the
provisions of Article V, Section 10. 0 above.
2. Service Easements - Where a commercial/office
subdivision requires the creation of an
internalized circulation system to provide
access to multiple lots and building sites,
the Planning Commission may, at its option,
authorize the use of a service easement in
lieu of public commercial streets. Requests
for such variance shall be submitted in
writing by the subdivider when the plat is
submitted for preliminary approval and shall
present justification for such action.
Private service easements shall be built to
public street standards except where, in the
opinion of the staff and the Planning
Commission, a reduced pavement width is
deemed sufficient to ensure safe and
convenient access to the lots and otherwise
fully complies in all respects with the
purpose and intent of this Ordinance. Design
of service easements shall be subject to the
review and approval of the Engineering
Division of the Community Services
Department.
3. Ingress and Egress to Commercial Lots on
Major Thoroughfares - Due to the nature of
the use proposed and to the high volume of
traffic generated by commercial/office
subdivisions, special conditions applicable
to control of ingress and egress shall be
required. Curb cuts for commercial/office
50
subdivisions on arterial streets shall be
located at least three hundred (300) feet
apart and no closer than one hundred (100)
feet to the right-of-way of any intersecting
street. This requirement may be met by
incorporating marginal access streets, double
frontage lots , common drives , culs-de-sac in
the subdivision, or by limiting direct access
to arterial streets. The extent and
placement of curb cuts on principal
arterials, minor arterials , and commercial
streets shall be subject to the approval of
the Engineering Division of the Community
Services Department.
H. Curb Cut Design - Combined ingress, egress points
with vehicular movement areas separated by
landscaped safety islands shall be considered an
acceptable method of meeting the purpose and
intent of Article .V, Section 10. 0 of this
Ordinance. Such ingress , egress points shall be
subject to approval of the Engineering Division.
SECTION 37. 30 -- INDUSTRIAL SUBDIVISION
A. General - In addition to the principles and
standards in these regulations, which are
appropriate to the planning of all subdivisions,
the applicant shall demonstrate to the
satisfaction of the Planning Commission that the
street, parcel, and the block pattern proposed for
industrial subdivisions are specifically adapted
to the uses anticipated and that prospective
impact on adjacent areas has been taken into
account. The following principles and standards
shall be observed:
1. The Planning Commission may at its option,
impose special requirements with respect to
public utilities, streets , gutters, and
sidewalk design and construction to ensure
compliance with the purpose and intent of
these regulations.
2. Industrial subdivisions abutting residential
subdivisions or areas zoned for residential
use shall protect such areas from potential
nuisance by providing a minimum fifty ( 50)
ft. buffer strip and a fence not less than
six feet in height. Where possible, existing
plant materials within the buffer strip shall
be maintained. If not possible, suitable
landscaping including trees, ground cover and
other plant material natural to the area
shall be provided. No building, outside
storage, or parking areas shall be
constructed in the buffer area. The six (6)
foot fence shall be of wood, masonry, or
51
metal construction and shall extend along the
entire property line abutting the residential
areas as specified above.
3. In order to preclude the possibility of
through traffic, industrial streets as defined
in the ordinance shall not normally be
extended to the boundaries of adjacent
existing or potential residential areas.
B. Street Design - In general, industrial
subdivisions shall conform to requirements of the
Master Street Plan. The following street design
standards shall be required for industrial
subdivisions:
Minimum Minimum
Street Types R-O-W Width Paving Width
Alleys (when required) 20 ft. 17 ft.
Industrial Streets 60 ft. 36 ft.
Minor Arterial 80 ft. 48 ft.
Major Arterial 100 ft. or As required
as required by the
by the Mas- Master
ter Street Street Plan
Plan
Cul-de-sac 130 ft. 100 ft.
Turnaround Diameter Diameter
1. Street Grades - The maximum allowable grade
shall be nine percent ( 9%) on all streets
within the subdivision or on a boundary street
of a subdivision where there are lots having
access from the boundary street.
2. Intersections - The property line radius at
street or alley intersections shall be a
minimum of fifty ( 50) feet, and if the angle
of street or alley intersections is less than
ninety ( 90) degrees, the Planning Commission
may require a greater radius.
3. Curb Line - Street or alley intersections
shall have at least a fifty (50) foot radius.
Where the angle of street or alley
intersection is less than ninety degrees, the
Planning Commission may require both a greater
radius , and intersection design sufficient to
accommodate turning movements of WB-50
vehicles.
C. Blocks - In general , proposed industrial parcels
shall be suitable in area and dimension for the
52
type of industrial development anticipated. The
depth and width of industrial lots shall be
adequate to provide for required off-street service
and parking facilities except that minimum lot
dimensions for industrial lots shall be one hundred
fifty (150 ) feet frontage by two hundred (200) feet
depth. No such lots shall have a depth exceeding
three times the width. Pipe-stem lots are
expressly prohibited in industrial subdivisions.
D. Building Lines and Lot Coverage - Building lines
and setback lines shall be a minimum of fifty (50)
feet from all industrial streets property lines and
a minimum of seventy (7 0) feet from all arterial
street property lines. The building lines shall be
a minimum of thirty (30) feet from all other
property lines. One half (1/2) of any adjacent
permanent open space or easement retained by the
grantor for utility or other purposes or dedicated
to the public shall be allowed as part of the
required thirty (30) feet building line
requirements except that, in no case shall the
total separation between buildings on adjacent
tracts or lots be less than sixty ( 60) feet..
Building coverage shall not exceed fifty percent
( 50%) of the lot area.
E. Provision of Open Drainage - The following
improvements and requirements are alternatives in
lieu of curb and gutter and underground drainage:
, 1. Pavement width for minor streets shall be a
minimum of twenty-eight ( 28) feet with six
( 6) foot paved shoulders. These shoulders
shall be designed to meet at least
seventy-five percent (75% ) of the design
requirements for the pavement. A double
surface treatment may be used for these
shoulders.
2. Open drainage ditches will be permitted at
street rights-of-way or easements, provided
they meet the following requirements:
a. The side slopes shall commence a minimum
of four (4) feet from the edge of the
paved shoulders.
b. The side slope for both slopes of an
earthen ditch shall be at a three (3) to
one or lesser slope. For concrete lined
or ditches with riprap, a two (2) to one
( 1) slope is permissible with the
approval of the Engineering Division.
53
c. The maximum high water ditch elevation
for designed capacity as per Chapter 36
of the Little Rock Code of Ordinances
shall be a minimum of six (6) inches
below the bottom of the base of the paved
shoulder.
d. Street shoulder, right-of-way width shall
be a minimum of ten (10) feet beyond the
top of the back slope requirements.
e. Concrete head walls riprap and/or flume
type structures as required by the
Engineering Division of the Community
Services Department shall be required for
all underground facilities.
f . Bills of Assurance will require the
adjoining property owners to mow and
maintain the right-of-way and/or drainage
easements adjacent to his property. Upon
proper notice. Ifthe property owner
does not comply with the notice, the area
may be mowed by the City, and the
property owner billed as per the
procedure on vacant lots within the
City.
g. All required drainage ditches shall be
designed for appropriate erosion control
( such as sodding, ditch checks, riprap,
ditch paving, or other accepted
engineering practices) .
h. In case of open drainage within the
street right-of-way the following shall
be the setback line from the centerline
of the right-of-way.
1. Industrial Street 70 feet
2. Minor or Principle Arterial 120 feet
3. Cul-de-sac 70 feet
4. Cul-de-sac turnarounds 105 feet
When street right-of-way requirements as
set forth above are greater than normal
requirements , the building line shall be
a minimum of twenty ( 20) feet from the
right-of-way line. In no case shall it
be less than the requirements set forth
immediately above.
SECTION 37. 31 -- MOBILE HOME PARK SUBDIVISIONS
A. General - In order to ensure proper placement of
individual mobile homes within mobile home parks ,
to provide for necessary off-street parking and
54
storage facilities , and to integrate such
developments appropriately with their surroundings,
the following design standards shall be applied.
For the purpose of these regulations, all divisions
of land into two or more spaces for the placement
of mobile homes is hereby defined as a subdivision
and shall be submitted to the Planning Commission
for approval.
B. Mobile Home Subdivisions - Subdivisions designed to
accommodate freestanding mobile homes or modular
homes on separate lots for individual ownership
shall conform to residential plat development
standards.
C. Minimize Size - Mobile home parks shall be a
minimum of five (5) acres in size including open
space.
D. Design Requirements -
1. Each mobile home site shall have a clearly
defined minimum lot size of four thousand
( 4 ,000) square feet with a maximum density of
eight ( 8 ) units per gross - acre.
2. The park shall have a minimum frontage on a
dedicated public street of fifty ( 50) feet.
The depth of the park shall not be more than
three times the width of the park. For
pipe-stem lots , the pipe-stem shall not be
more than 330 ft. in length. Mobile home
parks with a pipe-stem lot configuration
greater than 330 ft. in length must provide a
dedicated street to provide access to the
property.
3. A twenty-five (25) foot side and rear yard
shall be provided around the parks. For parks
abutting an expressway, freeway or occupied
mainline railroad; a fifty ( 50) foot side and
rear yard shall be provided.
4. The minimum width of a mobile home space at
the platted setback line shall be forty ( 40)
feet, and the minimum depth shall be one
hundred (100) feet. In the case of a corner
space the minimum width shall be sixty ( 60)
feet.
5. The minimum separation between individual
mobile homes shall be twenty ( 20) feet.
55
6. The minimum setback from any service easement
shall be twenty ( 20) feet.
7. Open unenclosed awnings and carports may
occupy only forty-five percent (45%) of the
required minimum spacing between mobile homes.
8. Each mobile home space shall be provided with
a minimum of two (2) nine feet by twenty feet
( 9 ' x 20 ' ) paved parking spaces located on the
mobile home space.
9. No mobile home space having double frontage
shall take access on a dedicated public
street.
E. Service Easement - A platted fifty ( 50) foot wide
service easement with a minimum of twenty-seven
( 27) feet of pavement shall be provided adjacent to
all mobile home spaces. A service easement
cul-de-sac shall have a paved turnaround of not
less than an eighty ( 80) foot diameter.
F. Screening - Mobile home parks shall be effectively
screened on all sides by means of walls , fences or
plantings except where the area is sufficiently
removed from other urban uses as determined by the
Planning Commission. Fences shall be of wood,
masonry, or metal construction having a height of
not less than six (6 ) feet. In lieu of such wall
or fence, a strip of land not less than ten (10)
feet in width and planted and maintained with an
evergreen hedge or dense planting of evergreen
shrubs not less than four feet in height may be
substituted. Screening shall meet sight distance
requirements as established by Section 39-145 of
the Traffic Ordinance of the City of Little Rock.
G. Recreation Space - Common recreation space shall be
provided at the rate of five hundred (500) square
feet per mobile home. Minimum size of any
recreation space shall be five thousand (5 ,000)
square feet. All required recreation areas shall
be located back of the required setback lines. All
recreation areas shall be used solely for
recreational purposes.
H. Storage Facilities - A paved storage area shall be
provided at a central location at the rate of fifty
( 50) square feet per mobile home for the outdoor
storage of boats, campers, and similar vehicles.
I. Utility Installations - Each mobile home site shall
be provided with a wastewater outlet and a water
56
•
connection. All utility installations shall meet
the requirements established by the Subdivision
Rules and Regulations and shall be provided for
each mobile home.
J. Improvements - Every subdivider shall be required
to install at his own expense or have installed by
the appropriate public utility the following
improvements.
1. All surfaces subject to vehicular traffic-
shall be paved, according to the standards of
City Ordinance 10 ,808.
2. Accommodations for on-site fire hydrants shall
be provided by the installation of necessary
mains, T' s, and cut-off valves as required by
the Little Rock Water Department and Fire
Department.
SECTION 37. 32 -- HILLSIDE REGULATIONS
A. General - These requirements are designed to ensure
proper integration of physical improvements in
rugged topographical areas and shall supplement
requirements outlined elsewhere in these
regulations. The hillside regulations shall only
apply to those portions of a subdivision plat that
have an average slope of eighteen (18) percent or
greater. Such areas of steep slope are recognized
as requiring special subdivision development
standards for vehicular access easements, lot
dimensions, front and side yard setbacks, and cuts
and fills.
B. Calculation of Average Slope - Average slope shall
be calculated by the subdivider and indicated on
the plat at the time of submittal. The hillside
areas shall be divided into areas of generally
similar slopes and an average for each of these
similar areas shall be determined. These areas
shall then be totalled and divided by the number of
areas to obtain the average slope for the entire
tract. A single average slope figure shall apply
to that portion of the plat with slopes exceeding
eighteen (18) percent.
C. Calculation of the Total Number of Lots - The total
number of lots shall be determined by first
calculating the total square footage of the area
and then dividing the minimum lot size into it to
arrive at the total number of lots allowed.
57
The total square footage of the area is determined
by measuring the area and deleting eighteen (18)
percent to cover all needed streets and then
subtracting all park and open space
from that
subtotal.
The minimum lot size is determined by using the
minimum lot size requirement chart and applying to
it the average slope (determined in Section B
above) .
The minimum lot size shall be calculated to the
closest one thousand (1 , 000) square feet from the
lot size chart. No lot within any hillside area,
however, shall be less than ten thousand (10,000)
square feet in area. Following staff review and
Subdivision Committee approval of the slope
analysis, the subdivider shall prepare a
preliminary plat conforming to the lot size
established and submit it for approval in the
conventional manner.
D. Conformance - At least eighty (80) percent of the
lots of the sloped portions of the affected
subdivision shall conform to the minimum required
lot size. The average size of all lots of the
hillside area shall conform to the minimum lot
requirement.
E. Retaining Walls - Retaining walls may be required
wherever topographic conditions warrant or where
necessary to retain fill or cut slopes within the
right-of-way. The retaining walls shall be
constructed on private property to protect the
streets from possible erosion and slides. Such
improvements shall require the approval of the
Community Services Department.
F. Rugged Areas - Hillside areas with an average slope
in excess of forty (40) percent are considered
extremely rugged and development shall be limited
to lots not less than two acres in size.
G. Front Yard Setbacks - Minimum front yard setbacks
shall conform to the Zoning Ordinanc except for
areas with slopes in excess of eighteen (18)
percent, where they may be reduced to fifteen (15)
feet.
58
MINIMUM LOT SIZE REQUIREMENT
BASED ON SLOPE
44
42
40
38
36
34
32 .
+-
a 30
4-
c 28
N 26
4-
0 24
v,
22
U,
I—
20
rs 18
a)
L
Q 16
0
J 14
E
E 12
•r
10
8
7
6
4
2
0
5 10 15 18 20 25 30 35 40
AVERAGE PERCENT OF NATURAL GROUND SLOPE
59
H. Cuts and Fills - Major cuts , excavation, grading
and filling , where the same materially changes the
site and its relationship with surrounding areas or
materially affects such areas, shall not be
permitted if such excavation, grading and filling
will result in a slope exceeding a vertical rise of
one (1) foot for each two and one-half (2 1/2) feet
of horizontal distance between abutting lots ( sides
and/or rear) or between adjoining tract of land,
except where adequate provision is made to prevent
slides and erosion by cribbing and retaining walls.
Deviation from these standards may be authorized by
the Planning Commission upon submission of an
engineering analysis of the soil conditions and the
condition of the compacted fill showing that the
area is suitable for building.
I . Vehicular Access Easements - Easements providing
primary access to lots fronting on a public street,
may be authorized by the Planning Commission where
topographic conditions warrant and where the public
interest can be demonstrated. Where approved,
access easements shall serve not more than five (5)
lots nor be more than three hundred (300) feet in
length. Pavement shall be of concrete not less
than twenty feet in width. Underground drainage
shall be waived by the Engineering Division when it
can be demonstrated that open drainage will
accommodate all runoff . Grades shall not exceed
those specified for minor residential streets.
J. Soils Analysis - The Planning Commission may
require a soil test of the streets and building
sites where the buildability of the area is
questionable.
K. "T" Turnarounds - For minor residential streets "T"
type turnarounds may be allowed in conjunction with
uphill and downhill slopes to minimize disturbance
of the site while providing adequate vehicular
access to individual lots.
SECTION 37. 33 -- MULTIPLE BUILDING SITES
A. Large scale development involving the construction
of two or more buildings together with the
necessary drives and accessways which is not
subdivided into customary lots, blocks , and street
shall be subject to the provisions of this
Ordinance. This provision shall also be deemed to
include single principal structures proposed for
addition to an existing multiple building site
development. Plans for all such developments shall
be submitted to and approved by the Planning
60
r
Commission, whether or not such plat is to be
recorded, and no building permit shall be issued
until such approval has been given. Such plan
shall be prepared in sufficient detail to show the
location of driveways, curb cuts, service
easements , building locations, sidewalks, parking
areas and landscaping.
61
L
ARTICLE VI. REQUIRED IMPROVEMENTS, AND ASSURANCES FOR THEIR
COMPLETION AND MAINTENANCE
SECTION 37. 34 -- REQUIRED PUBLIC IMPROVEMENTS
In all subdivisions ( including multiple building sites) ,
the subdivider shall be required to install , at his own
expense, or to have installed by the appropriate public
utility certain specified improvements. No streets,
drainage, or utility construction work, exclusive of
clearing, shall begin until construction plans have been
reviewed and approved by the Engineering Division of the
Department of Community Services.
A. Streets - All streets shall be graded and paved in
accordance with applicable City of Little Rock
standards and specifications as adopted by the
Board of Directors and/or the Arkansas State
Highway Department, whichever is applicable.
B. Curb and Gutters - Curbs and gutters shall be
installed on all streets in accordance with
applicable City standards and specifications as
adopted by the City Board of Directors and/or the
Arkansas State Highway Department, whichever is
applicable.
C. Water Supply - All subdivisions shall be provided
with water supply and distribution systems approved
by the City and meeting the requirements of the
State Health Department. Where a public water
supply is within a reasonable distance of the
subdivision the subdivider shall install or have
installed a system of water mains and connect to
such supply. A connection to each lot shall be
installed prior to the paving of the street, if
possible.
D. Sanitary Sewage Disposal
1. All subdivisions shall be provided with a
sewage collection and treatment system
approved by the Little Rock Wastewater Utility
and/or the State Board of Health. Where a
public sanitary sewer is within a reasonable
distance of any point of a subdivision, the
subdivider shall connect with such sewer and
provide a connection to each lot.. Such
sanitary sewage system shall be installed
prior to the installation of the street
pavement. The sewage collection system shall
be designed to handle the anticipated flow of
sewage from within the subdivision, including
development of future sections of the same
62
subdivision and adjacent areas within the same
drainage basin. Recognized engineering design
criteria in accordance with the State
Department of Health shall be used to design
the system.
2. For residential lots or development tracts not
served by a public or community sanitary
sewerage system whose disposal is approved by
the Arkansas Department of Pollution control
and Ecology, the subdivider shall submit
documentation with submission of the
preliminary plat that the Arkansas State
Department of Health, or its delegated
authority, will approve septic tank
installations, or other individual wastewater
disposal methods for service to the
subdivision proposed to be platted.
3. The subdivider shall either install the
improvements referred to herein, or whenever a
septic tank and absorption system or private
water supply is to be provided, require as a
condition in the Bill of Assurance of the
subdivision,, that those facilities shall be
installed by the builders of the improvements
of the lots in accordance with these rules and
regulations.
E. Storm Drainage
1. Every subdivision shall be served by storm
drainage facilities including drains, sewers,
catch basins , culvert and other facilities
designed and constructed to accommodate
surface runoff originating within the
subdivision or flowing across it. Said
improvements shall be installed in accordance
with regulations adopted by the Board of
Directors, but in no case shall be designed to
accommodate less than a one in ten year
rainfall.
F. Sidewalks - Construction plans shall show the
location of all sidewalks. Installation shall be
in accordance with these plans, but shall be the
responsibility of the builder. No building permit
shall be issued for any lot where a required
sidewalk is shown unless the site development plan
indicates the required sidewalk; and no certificate
of occupancy shall be issued for any property until
the sidewalk is constructed.
63
r s
•
G. Street Lighting
1. General
a. All street lighting shall utilize poles
and fixtures approved by the Engineering
Division of the Community Services
Department.
b. Overhead and underground street lighting
plans shall be prepared by. Arkansas Power
and Light with the cooperation of the
developer. All street lighting plans
shall be approved by the Engineering
Division of Community Services Department
before any installation begins.
c. Where underground service is proposed,
the developer shall provide electrical
service to all points proposed for future
fixtures.
2. Subdivisions Within the City' s Corporate
Boundaries
a. The developer shall inform the
Engineering Division of the Community
Services Department by letter of his
pending development and ask that street
lighting plans be prepared. The City
will then request Arkansas Power and
Light Company to prepare the plans for
the installation.
b. If the developer does not desire street
lighting he must request a written waiver
of the requirements from the Engineering
Division.
3. Subdivision Outside the City' s Corporate
Boundaries
a. Where areas outside the City limits but
within the extraterritorial area are
proposed for annexation, the developer
must provide facilities that will enable
standard lighting design to be installed
at some future date, at no additional
cost.
b. In areas designated for underground
service, plans must be approved by AP&L
and the City before installation.
c. If underground service is to be provided,
it will be necessary for the developer to
provide electrical service to the points
proposed for the future fixtures.
64
.t
H. Other Utilities - Other utilities to be installed
in a subdivision, including water, sewer,
electricity, gas, and telephone shall be located
within the public right-of-way or easement. If
stubs to the property lines are not installed, then
connections between lots and utility lines shall be
made if possible, without breaking into the wearing
surface of the street. When street cuts are
necessary, such cuts shall be in accordance with
Engineering Division specifications. A permit for
same shall be obtained from the Community Services
Department.
I. Monuments
1. Permanent reference monuments shall be set on
all outside lines of the subdivision at angle
points and points of curb or as required by
the Engineering Division of the Community
Services Department. Such monuments shall be
of steel one (1) inch in diameter, twenty-four
( 24) inches in length or other approved
monuments. Top of monuments shall have an
indented cross or metal pin to identify
properly the location ofthe point and shall
be set flush with the ground.
2. All lot corners shall be marked with metal
pins not less than one-half (1/2) inch in
diameter and fifteen (15) inches long and
driven so as to be flush with the finished
grade. Permanent control points shall be
placed in the centerlines of streets , at ends
of curves, points at intersections of streets
and points where the street crosses the
boundary line at the subdivision. These
control points shall be established after
paving has been completed. Where lots are
adjacent to streets or other obstructions,
offset pins shall be set and shown on the
official plat. Offset distances to true
corners shall be noted on the plat. Monuments
on metal pins shall be indicated on all plats.
Removal of monuments or metal pins by anyone
other than a registered land surveyor is
prohibited.
J. Fire Hydrants - Fire hydrants shall be spaced every
one thousand (1, 000) feet within all single family
residential subdivisions. In multi-family
residential subdivisions, hydrant placement shall
be based on the density and value of the property
as determined by the Fire Chief. When streets and
alleys are closed by a petitioner, he shall at his
65
T.
own expense, install necessary fire hydrants to
maintain the required fire hydrant coverage.
K. Street Name Signs - Street name signs shall be
placed at intersections by the Community Services
Department at the developer' s expense. Street
signs shall meet standards and specifications of
the Engineering Division.
SECTION 37. 35 -- ASSURANCE FOR COMPLETION OF IMPROVEMENTS
Upon final approval of construction plans for required
improvements, the subdivider shall enter into an
agreement with the City to install or ensure the
completion of the improvements as outlined below. The
City will accept the subdivision and issue the
Certificate of Final Plat Approval subject to the
assurance of installation of improvements.
One of the following methods shall be used by the
subdivider to guarantee that improvements required by
these regulations can or will be installed in accordance
with approved plans and specifications.
A. Certificate of Completion of Improvements - The
subdivider may submit for approval to the
Engineering Division of the Community Services
Department a certificate stating that all
improvements and installations to the subdivision
required for its approval under the terms of these
rules and regulations have been made, added, or
installed and in accordance with these
specifications.
B. Performance Bond .- If the subdivider cannot certify
that all improvements and installations in the
subdivision have been completed, a performance bond
maybe posted in favor of the City of Little Rock.
Such performance bond shall specify the time for
the completion of the improvements and
installations and shall be in an amount determined
by the Engineer and agreed to by the Community
Services Department to be sufficient to complete
the improvements and installations for the
subdivider in compliance with these rules and
regulations. The bond shall be issued by a Surety
Company authorized to do business in the State of
Arkansas.
C. Cash Deposit - The subdivider may provide a cash
deposit in a full amount as specified by the
Engineer and agreed to by the Community Services
Department as sufficient to complete the
improvements and installations required to comply
with these rules and regulations. Such cash
66
deposit may be withdrawn in direct proportion to
the amount of work completed as approved by the
Engineering Division of the Community Services
Department.
D. Tri-Party Agreement - The subdivider may enter into
a tri-party agreement with the City and project
lender requiring that:
1. The funds for the required improvements will
be set aside and held separate from the
balance of the development financing, and
2. The funds set aside will be dispersed only for
the required public improvements and for no
other purpose, and
3. The funds will be dispersed in direct payment
for completion of the improvements if the
applicant becomes in default under the
contract for improvements.
When the staff receives notification from the City
Clerk or the Engineering Division of the Community
Services Department that one of the four (4)
heretofore described mechanisms assuring completion
of improvements has been executed, the staff shall
certify final plat approval. The plat may then be
recorded.
E. Maintenance Bond - Where a performance bond
has been posted to ensure completion of the
improvements, a separate maintenance bond need not
be provided. In such circumstances, the subdivider
may extend the performance bond to cover the
one-year period of the maintenance bond. Where the
subdivider has chosen the option of a cash deposit
or certificate, of completion of improvements or
tri-party agreement, however, the maintenance bond
must be posted.
SECTION 37. 36 -- INSPECTION OF IMPROVEMENTS
All projects shall be constructed according to the
approved plans and specifications of a Registered
Professional Engineer. When the improvements required
by these rules and regulations have been completed and
installed, the Registered Professional Engineer shall
submit a letter to the Engineering Division certifying
improvements and installations have been made in
accordance with approved construction plans,
specifications, drawings and the standards established
by the City or the County, and are functioning properly.
Additional inspections shall be made in accordance with
other applicable ordinances.
67
The Engineering Division of the Community Services
Department shall, then. inspect those facilities ;
improvements and installations 'for conformance with
plans and specifications . If such final inspection
reveals that there areany defects or deficiences in
such improvements as installed or that the improvements
differ from the final engineering plans and
specifications , the Engineering Division shall notify
the subdivision engineer and contractor in writing of
such defects , deficiencies or deviations . The
subdivider shall , at his expense , correct such defects
or deviations within six (6 ) months of the date of
notification. When such defects , deficiencies or
deviations have been corrected, the subdivider shall
notify the Engineering Division in writing that the
improvements are again ready for final inspection.
SECTION 37 .37 -- MAINTENANCE BOND
A. A Maintenance Bond shall be furnished by the
Contractors to cover all construction and
improvementsunder the jurisdiction of review and
approval of the Engineering Division of the
Community Services Department . All other public
utilities installed in a development shall be
subject to the adminstrative review and bonding
procedures as set out by the respective public
utilities and shall not be subject to the
provisions of this section of these regulations .
B. Contractors shall furnish a Maintenance Bond to the
Engineering Division covering any defects in
materials and workmanship for the required
improvements installed by that Contractor in the
amount of fifty ( 50) percent of the total cost of
those improvements . The bond(s) shall be in full
force and effect for not less than one year from
the date of the letter from the Engineering
Division certifying that all improvements have been
completed and approved, and further stating that
any and all defects in materials and workmanship
shall be corrected by the Contractor by the end of
the bond period. Work performed under the terms of
the Maintenance Bond shall be approved by the
Engineering Division.,.
SECTION 37 .38 --ACCEPTANCE OF PUBLIC FACILITIES ,
DEDICATIONS AND RECORDATION.
A. Acceptance and Dedication - All public dedications
of streets and public facility sites must be
accepted by the Board of Directors or County Judge
following execution of satisfactory guarantees for
completion as described in Article VI, Section 2.0
of this Ordinance . This acceptance shall be
68
' 1
accomplished in conjuction with final plat
approval.
The City Board of Directors hereby delegates the
authority to accept public dedications as required
by this Ordinance.
Approval of final plats within the Little Rock City
Limits by the Planning Director and filing of the
Plat of Record with the Circuit Clerk and Recorder
of Pulaski County shall not constitute formal
acceptance by the City of all approved public
improvements covered by the Plat.. Those
improvements not completed as of the date of
approval of the Final Plat shall be accepted as
Public Facilities when the Engineering Division
certifies that the construction has been approved,
maintenance bonds furnished, and the Plat filed of
record.
B. Recording with the Circuit Clerk - The final plat
can be recorded only after the plat has received a
Certificate of Final Approval from the City of
Little Rock. Submittal for recordation to the
Circuit Clerk shall be the subdivider' s
responsibility. The subdivider shall provide both
the Engineering Division of Community Services
Department and the Office of Comprehensive Planning
with copies of the recorded plat to be retained in
their files. Final plats shall be duly recorded
within two (2) years of final plat approval by the
staff or the plat shall be declared null and void.
C. Notification of Recordation - No building permits
may be issued until proof of the recording of said
approved final plat has _been presented to the
Community Services Department, giving plat book and
page number, or instrument number.
SECTION 37. 39 -- ENFORCEMENT
A. No plat of any tract of land within the planning
area jurisdiction of the Planning Commission shall
be accepted by the County Recorder for filing of
record until the plat has been approved by the
Planning Commission.
B. It shall be the duty of the Planning Director and
the Planning Commission to enforce these
regulations and to bring to the attention of the
City Attorney any violations or lack of compliance
herewith.
C. No building permit shall be issued for construction
of any building or structure located on a lot or
69
plat subdivided or sold in violation of the
provisions of these regulations; nor shall any
building permit be issued for the final ten (10)
percent of lots in a subdivision, or if ten (10)
percent be less than four (4) for the final four
(4) lots of a subdivision until all required public
improvements have been completed.
D. Appropriate actions and proceedings may be taken at
law or in equity to prevent any violation of these
regulations, to prevent unlawful construction, to
recover damages , to restrain, correct, or abate a
violation, to prevent illegal occupancy of a
building, structure or premises.
E. Any violation of these rules and regulations or any
amendments hereto shall be a misdemeanor and the
offender, upon conviction, shall be punished as for
a misdemeanor. Each day any violation of these
rules and regulations occurs shall constitute a
separate offense. Any court having jurisdiction of
misdemeanor cases shall have jurisdiction to try
such offenders and, upon conviction, to fine them
not less than twenty-five dollars ( $25. 00) nor more
than five hundred dollars ( $500. 00) for each
offense or violation. If the violation is
r-
continuous in respect to time , the maximum penalty
or fine shall not exceed two hundred fifty dollars
( $250. 00) for each day the violation may be
unlawfully continued.
SECTION 2. This Ordinance shall be in full force and effect
sixty ( 60) days after its passage, however,
voluntary compliance may begin upon adoption of
this ordinance.
PASSED: December 19, 1978
ATTEST: APPROVED: I $_Gtne, L •
ity Cle 1k� Mayor Q
70