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These regulations shall officially be known, cited and referred to as the “Development and Subdivision Regulations of the City of Tontitown, Arkansas”, hereinafter referred to as “these regulations”, and shall apply to the areas outlined on the official planning area map of the city (as adopted and recorded at the office of the Washington County Circuit Clerk in its most recent version).
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.100.01, passed 9-3-13; Am. Ord. 2014-12-488, passed 12-2-14)
(A) These regulations govern the subdividing and developing of land within the corporate limits and the planning area boundary, herein after referred to as “the planning area”, within the territorial jurisdiction of the city, and are adopted in accordance with the provisions of A.C. §§ 14-56-401 through 14-56-426.
(B) By authority of the ordinance establishing the Planning Commission, adopted pursuant to the powers and jurisdictions vested through applicable state statutes, the Planning Commission does hereby exercise the power and authority to review, approve, and disapprove plats for the subdivision of land within the planning area jurisdiction which shows lots, blocks, or sites with or without new streets.
(C) By the same authority, the Planning Commission does hereby exercise the power and authority to pass and approve the development of platted subdivisions of land already recorded in the office of the Washington County Circuit Clerk, if such plats are already platted and undeveloped, with no improvements.
(D) The plat shall be considered to be entirely or partially undeveloped, if:
(1) Such plat has been recorded with the County Circuit Clerk’s office after the effective date of these regulations without a prior approval by the Planning Commission;
(2) Such plat has been approved by the Planning Commission where the approval has been granted:
(a) More than three years prior to the granting of a building permit on the partially or entirely undeveloped land; and
(b) The zoning ordinance, either bulk or use, for the district in which the subdivision is located, has been changed subsequent to the original final approval.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.100.02, passed 9-3-13; Am. Ord. 2014-12-488, passed 12-2-14)
(A) These regulations are formulated to promote safety, public health, and the general welfare of the citizens of the city and its planning area.
(B) The purpose of these regulations is to provide for the harmonious development of the city and the coordination of streets and other public utility improvements within subdivisions with existing or planned improvements or other features of the all adopted plans of the city, including the Master Street Plan and the Land Use Plan.
(C) These regulations and standards for the subdivision and improvement of land for urban use are designed to make provision for adequate air, open space, drainage, transportation, public utilities, and other needs, and to ensure the development and maintenance of a healthy, attractive, and efficient community that provides for the conservation and protection of its human and natural resources.
(D) These regulations are intended to set forth the procedures, requirements, and minimum standards governing the subdivision of land within the planning area of the city, and should be administered in a manner:
(1) To assist the orderly, efficient, and coordinated development of land within the planning area of the city in accord with its adopted Land Use Plan, Master Street Plan, and zoning ordinance.
(2) To promote the health, safety, and general welfare of the residents of the city.
(3) To ensure conformance of subdivision plans with public improvement plans for the city and its environs.
(4) To protect and conserve the value of land, buildings and improvements and to minimize adverse impact on adjoining or nearby properties.
(5) To establish a beneficial relationship between the uses of land and buildings and the municipal street system to require proper location and design of streets and building lines, to minimize traffic congestion, and to make adequate provision for pedestrian traffic circulation.
(6) To establish reasonable standards of design and procedures for subdivision and re-subdivision to further the orderly development and use of land and to ensure proper standards and requirements for legal descriptions and monumentation of subdivided lands as prescribed by §§ 152.125 through 152.128.
(7) To encourage the wise use and management of natural resources and to provide adequate and safe recreational areas of natural beauty and topography within the community.
(8) To provide for adequate provisions for transportation, water, fire protection, sanitary sewer, drainage, and other public requirements.
(9) To provide for proper ingress egress, and street connectivity to properties and neighborhoods.
(10) To guide the future growth and development of the city in accordance with the Land Use Plan and the Master Street Plan.
(11) To assist orderly, efficient and integrated development within the city’s planning area.
(12) To promote sound development through utilization of good design principles.
(13) To facilitate the further re-subdivision of large tracts into smaller parcels, or replatting existing subdivisions.
(14) To secure equitable handling of all subdivision plans by providing uniform procedures and standards for observance both by developers and the Planning Commission.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.100.03, passed 9-3-13)
These regulations shall be applicable to all lands within the city and its planning area. The planning area includes those areas depicted on the planning area map (latest revision), copies of which are on file with the City Clerk and the Washington County Circuit Clerk, all as provided in A.C. §§ 14-56-401 through 426.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.100.04, passed 9-3-13)
Included as part of this regulation by reference is the map titled “planning area map,” which delineates the planning area boundary. Within the planning area, the city shall plan and apply subdivision and development regulations. The map includes the corporate city limits and that area outside the city limits in which the city will exercise its authority under A.C. §§ 14-56-401 et seq. The planning boundary was reviewed by the Northwest Arkansas Regional Planning Commission, adopted by the Tontitown Planning Commission, ratified by the Tontitown City Council, and filed for record with the County Circuit Clerk’s office.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-08-434, passed 8-6-13; Am. Ord. 2013-09-440, § 152.100.05, passed 9-3-13)
It is the policy of the city to consider the subdivision of land and the subsequent development of subdivided plats as subject to the control of the city pursuant to plans of the city, primarily the Land Use Plan and Master Street Plan of the city, for orderly planning and efficient development of the city and the planning area. These regulations and development standards shall apply to the following forms of land subdivision and development:
(A) Subdivision. The division of land into two or more lots;
(B) Property line adjustments. A transfer or adjustment of a property line that does not create a separate, new lot. A property line adjustment may or may not require dedication of utility easements;
(C) Large scale developments. All development, other than single-family and duplex; or
(D) Dedications. The dedication of any street or alley right-of-way, utility easement, drainage easement, or access easement through any tract of land regardless of the area involved.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.100.06, passed 9-3-13)
(A) Street widening. These regulations and development standards shall not apply to the public acquisition by purchase or dedication of parcels of land for the widening or opening of streets or for other improvements.
(B) Horizontal property regime. These regulations and development standards shall not apply to any horizontal property regime within any lot for which the same documentation as required by state statute to be filed with the county for the establishment of that horizontal property regime shall have been filed with and approved by the city; and where all buildings within that lot shall have been built to meet the fire separation requirements of the city between units, as defined in the Horizontal Property Act of the state (A.C. §§ 18-13-101 et seq.).
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.100.07, passed 9-3-13)
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