14518•
ORDINANCE NO
2 F]
14,518
AN ORDINANCE ESTABLISHING STANDARDS AND
REQUIREMENTS FOR BOUNDARY STREET
IMPROVEMENTS AND DEDICATIONS IN THE
PUBLIC RIGHT -OF -WAY AS REQUIRED BY THE
MASTER STREET PLAN; ESTABLISHING
ADMINISTRATIVE PROCEDURES, IN -LIEU
REQUIREMENTS, PERMIT REQUIREMENTS,
CRITERIA FOR FINANCIAL HARDSHIP CASES,
AND PROCEDURES FOR APPEALS.
WHEREAS, the Board of Directors finds that it is in the
public interest to establish requirements for dedication of
right -of -way and boundary street improvements to be made
within the public right -of -way to prevent significant future
engineering design, utility, and construction problems;
to prevent unnecessary expense to the community; to protect
and preserve the public property and safety;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. FINDINGS AND PURPOSE.
(a) Land development in the City of Little Rock
frequently requires right -of -way dedications and boundary
street improvements for public streets. Development within
the public right -of -way may include: Street construction or
reconstruction; street widening; street alignment and
realignment (both vertical and horizontal); curb and gutter;
curb and gutter alignment and realignment (both vertical and
horizontal); standard drainage structures and piping;
driveways; extensive excavation for cuts or fill sections;
extensive drainage structures (such as bridges or large
culverts); and similar development that results.in permanent
construction.
(b) Significant engineering design, utility, and
construction problems have resulted when development has
occurred without associated right -of -way dedication and
roadway and drainage improvements. Lack of right -of -way
dedication and associated roadway and drainage
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improvements can result in costly relocation , of -- utilities, 4 40
and costly redesign and reconstruction of roadway and
drainage improvements. Lack of roadway and drainage
improvements may result in inadequate access to abutting
property, traffic congestion, unsafe traffic operations, and
otherwise adversely affect the safety and general welfare of
the community.
THEREFORE, this Ordinance is intended to establish
requirements for boundary street improvements within
rights -of -way; to establish holding accounts for in -lieu
contributions for construction of off -site improvements; to
establish requirements for dedication of rights -of -way for
boundary street improvements; and to assure proper
engineering design and construction of boundary street
improvements in the public right -of -way.
SECTION 2. GENERAL REQUIREMENTS.
(a) No person shall construct, reconstruct, alter,
remove or replace any curb, curb and gutter, section of
street, sidewalk, handicapped access ramp, drainage
structure, or driveway on public property within the City
without first having obtained a permit from the Public Works
Department. All construction, reconstruction, alteration,
removal or replacement required by this Ordinance shall
conform to the approved design standards of the Public Works
Department. The developer or owner shall dedicate
right -of -way and construct boundary street improvements as
required in the Master Street Plan and the Subdivision
Ordinance.
(b) Boundary street improvements shall include, but
not be limited to, the following:
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(1) Reconstruction of one -half section of the
abutting street or streets if the existing
street or streets are not up to City
standards.
(2) Widening of one -half section of the abutting
street or streets to City standards.
(3) Reconstruction or construction of the entire
street section of the street or streets if
the existing street or streets are not up to
City standards and are located wholly within
one development.
(4) Curb and gutter for the length of the project
boundary that adjoins the street.
(5) Sidewalks.
(6) Standard drainage piping and drainage
structures.
(7) One hundred percent bridge and box culvert
construction on streets other than arterial
streets.
(8) One hundred percent bridge or box culv -r`
construction on arterial streets for the
initial 15.0 feet of span length.
(Span lengths are measured perpendicular from
supporting walls. The City shall be
responsible for the additional cost of bridge
or box culverts in which the total structure
length exceeds 15 linear feet. The City
shall determine when its participation
begins. Project priorities will be chosen by
the City Engineer based upon public benefit
and engineering considerations. Project
selection will not be based on a
chronological listing, such as the plan
approval date.]
(9) Other standard roadway or drainage
improvements required by ordinance.
SECTION 3. DEFINITIONS.
(a) The following terms shall be construed 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.
(1) Alignment - The designated or optimal
engineered location for the centerline of the
street or roadway consistent with proper
grade and curvature criteria.
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(2) Boundary Street - An existing street abutting
on only one (1) side of the parcel of land to
be subdivided.
(3) Boundary Street Improvements - All
improvements required by this Ordinance in
the public right -of -way which abut either the
subdivision or construction project.
(4) Handicapped Access Ramp - All ramps and
supporting structural features required for
safe access in the public right -of -way by
handicapped persons as defined by Ordinance
#13,837.
(5) In -Lieu Contribution - Cash contributions
for required boundary street improvements
instead of immediate construction. [In -lieu
contributions may be used with approval of
the Director of Engineering for street
construction, reconstruction, widening,
alignment and /or realignment (both vertical
and horizontal), curb and gutter, curb and
gutter alignment and realignment (both
vertical and horizontal), standard drainage
structures and piping, driveways, excavation
for cuts and /or fill sections, extensive
drainage structures and all other associated
permanent construction.]
(6) Master Street Plan - The official street plan
for the City.
(7) One -Half Street Section - The area to the
legal centerline of the required roadway and
all of the required roadway facilities. [The
right -of -way centerline shall be deemed to be
the plat boundary. where a clearly defined
right -of -way does not exist, the Director of
Engineering shall establish the centerline
location.]
SECTION 4. ADMINISTRATION.
(a) The Planning Commission shall be responsible for
requiring improvements in the public right -of -way consistent
with the Subdivision Ordinance.
(b) The City Engineer shall be responsible for
requiring improvements in the public right -of -way for all
other construction.
(c) The Finance Department shall be responsible for
receiving, recording, depositing and reporting in -lieu cash
contributions as determined by the Planning Commission or
the City Engineer. The Finance Department shall maintain a
boundary street improvement account and shall furnish a
yearly report summarizing the account to the Department of
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Public Works. This report shall include both the principal
and the interest earned for the accounting period.
(d) The Public Works Department shall maintain records
of in -lieu cash contributions and shall prepare a yearly
summary report.
SECTION 5. IN -LIEU REQUIREMENTS.
(a) In -lieu cash contributions may be allowed if:
(1) The horizontal alignment of the existing
street pavement or right -of -way is such that
the required minimum radius centerline
alignment is not obtainable without
participation of adjacent properties not
being developed, or, where the alignment
would result in an unreasonable
burden, as determined by the City Engineer.
Maximum width of construction shall be
one -half of the street.
(2) The proposed horizontal centerline alignment
of the existing pavement does not coincide
with either the existing centerline of
right -of -way, or the land line, the
discrepancy being so large as to:
(a) Necessitate the construction of more
than one -half street width;
(b) Necessitate construction of new curb
within the projected edge of the
existing pavement.
(3) The vertical alignment of the existing
pavement is such that:
(a) The required safe stopping sight
distance is not obtainable without
extension of construction past the
limits of the project, or;
(b) A reasonably smooth pavement or a
properly crowned and shaped cross
section is not obtainable within the
length and width requirements of the
project, or;
(c) Maximum permissible centerline grades or
minimum permissible gutter grades cannot
reasonably and feasibly be obtained
within the length and width limits of
the project.
(4) The location of the existing or proposed
street in the 100 -year floodplain precludes
the construction of street and drainage
facilities.
(5) A subdivision or building permit site is so
ocated that the presence of a drainage way
necessitates construction of a drainage
structure which would be unfeasible as half
street construction.
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(6)
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The state of adjacent land development along
the street precludes further acquisition of
improvements through plat processes.
(7) The length of the property boundary along the
right -of -way is less than 300 linear feet and
is not located at an intersection.
(8) In -lieu of constructed improvements, the
developer shall contribute to the City a cash
payment equal to 100 percent of a registered
professional engineer's estimate of cost of
construction, minus any temporary
construction for site access or drainage that
may be incorporated in future permanent
construction, as approved by the Public Works
Department.
(a) The Public Works Department shall
determine the required cash payment.
When no major construction or
reconstruction is proposed, the
developer may contribute a cash payment
equal to a linear foot cost as
determined by the City Engineer.
(b) In -lieu of cash contributions shall be
required only on projects listed in the
most current Little Rock Master Street
Plan.
(c) In -lieu contributions shall be
reimbursed with interest as determined
by the Finance Department, when not
expended within 10 years from the date
of permit approval. Those contributions
placed in -lieu as a requirement of the
Subdivision or Zoning Ordinance shall be
released to the owner of record or his
assigns only after review and
authorization by the Planning Commission
and /or the Board of Directors.
SECTION 6. PERMIT REQUIREMENTS.
(a) No permit shall be issued by the Public Works
Department for any construction on private property, or for
alterations of a parkway or public right -of -way within the
City unless the applicant has complied with the provisions
of this Ordinance. The following property classifications
shall comply with this Ordinance:
(1) Subdivisions
(2) Commercial or Other than Private Residence
Driveways
(3) Commercial Building Permits
(4) Shopping Centers
(5) Schools
(6) New Construction or Alterations Other than
for Single Family or Two Family Residences
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(b) The permit application
accompanied by a Professional
showing the location, design,
improvement.
shall be• writing ��Jr
Engineer's plan in triplicate
and layout of the proposed
(c) If in -lieu cash contributions are to be used for
subdivisions, the final plat shall not be approved until:
(1) A copy of the receipt for the required cash
contribution has been received by the
Subdivision Administrator, or
(2) Improvements are waived by the Planning
Commission.
(d) If in -lieu contributions are to be used for
projects other than subdivisions, a Certificate of Occupancy
will not be issued until:
(1) A copy of the receipt for the required cash
contribution has been received by the
Protective Inspections Section, or
(2) Improvements are waived by the City
Engineer.
(e) Where a public project is planned, construction of
improvements or in -lieu cash contributions shall be required
until the day of bid opening for public improvement. On or
after the day of the bid opening, the owner of unplatted
property abutting the project shall not be responsible for
boundary street improvements unless planned improvements do
not meet the Master Street Plan requirements.
SECTION 7. FINANCIAL HARDSHIP.
(a) Projects other than subdivisions may require
off -site improvements that constitute a substantial portion
of total project cost. The City Engineer may determine that
a project involves a financial hardship and require an
in -lieu cash contribution not to exceed fifteen (15) percent
of the estimated total development cost.
SECTION 8. RIGHT OF APPEAL.
(a) Any person aggrieved by an action or omission of
the Public Works Department in administering the provisions
of this Ordinance shall have the right of appeal.
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(b) Subdivision matters shall be appealed to the City 44 6
Planning Commission.
(c) All other construction project matters shall be
appealed to the City Manager.
SECTION 9. SEPARABILITY.
(a) If any section, pargraph, sentence, clause or
phrase of this Ordinance be declared unconstitutional or
invalid for any reason, the remainder of said Ordinance
shall not be effected thereby; and it is intended that every
other section, paragraph, sentence, clause and phrase of
this Ordinance shall remain and be in full force and
effect.
PASSED: October 4, 1983
ATTEST: CIZ APPROVED: I
Ci Clerk e Czech yor J. V C?iel�d
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