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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