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(A) Generally. The subdivider shall be required to install improvements, where the need for such improvements is created in whole or in part by the proposed subdivision, in accordance with § 152.161. For purposes of this section, an
OFF-SITE IMPROVEMENT
shall mean any improvement listed in these regulations which are to be installed on property located outside the proposed subdivision.
(B) Installation. Any required improvements shall be installed according to city standards; provided improvements to roads located outside the city’s corporate limits but within the city’s planning area shall be installed to county standards. The subdivider shall be required to bear that portion of the cost of improvements which bears a rational nexus to the needs created by the subdivision.
(C) Proportionate share. At the time the Planning Commission grants preliminary plat approval, the Planning Commission shall determine whether the proposed subdivision creates a need for improvements and the portion of the cost of any needed improvements which the subdivider shall be required to bear; provided, that portion of the cost of improvements to roads located outside the city’s corporate limits but within the city’s planning area shall be determined by the county. In determining that portion of the cost of improvements which the subdivider shall be required to bear the Planning Commission shall consider the acreage within the proposed subdivision as a percentage of all the acreage which, when fully developed will benefit from the offsite improvements; provided, the Planning Commission may use a different method of measurement if it determines that use of the acreage standard will not result in the subdivider bearing that portion of the cost which bears a rational nexus to the needs created by the subdivision.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.1100.01, passed 9-3-13; Am. Ord. 2014-12-488, passed 12-2-14)
(A) Indirect access to substandard streets. When a proposed subdivision has access to paved streets or roads only by way of substandard or unimproved roads or streets leading from the subdivision to the paved streets or roads, the subdivider shall be responsible for contributing his or her proportionate share of the cost of improving the substandard access roads or streets to existing city standards. The subdivider’s proportionate share of the costs shall be determined by the Planning Commission in accordance with the provisions of § 152.160.
(B) Direct access to substandard streets. When a proposed subdivision has direct access to, or fronts on, an existing road or street which is below current standards, the subdivider shall be responsible for contributing his or her proportionate share of the cost of improving the street or road to existing city standards. The Planning Commission shall determine the subdivider’s proportionate share of the costs in accordance with the provisions of § 152.160.
(C) Drainage. Drainage improvements shall be required whenever a proposed subdivision causes the need for such improvements.
(D) If minimum lot size created by preliminary plat exceeds ten acres the Planning Commission may waive certain requirements.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.1100.02, passed 9-3-13; Am. Ord. 2014-12-488, passed 12-2-14)
If the Planning Commission determines that a needed improvement cannot be built until future development occurs, the subdivider shall pay to the city an amount determined by the Planning Commission in accordance with the standards prescribed in § 152.160 above to be the developer’s proportionate share of the cost of the improvements as of the date of final plat approval. The city shall deposit the money into an interest bearing escrow account until such time as the improvement is constructed. If the improvement is not constructed within five years from the date of the first payment into the escrow account by a subdivider, the Planning Commission shall hold a public hearing, after notification to all affected property owners, to determine the disposition of all money in the escrow account. Following the public hearing, the Planning Commission may:
(A) Determine that the improvement is still necessary and feasible and can be built within a reasonable time, in which case the escrow account shall be continued for a period specified by the Planning Commission; or
(B) Determine that the improvement is not necessary, or will not be feasible, or that insufficient development has occurred to render the improvement likely in the foreseeable future, in which case the Planning Commission shall either:
(1) Refund the money in the escrow account, with accumulated interest, to the subdividers who made the contributions; or
(2) Distribute the money in the escrow account on a pro rata basis to the property owners who purchased lots in the subdivision(s) and the subdivider(s); or
(3) With the written consent of a majority of the property owners who have purchased lots in the subdivision(s) and the subdivider(s), direct that money in the escrow account be utilized for a different purpose which will specifically benefit the neighborhood.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.1100.03, passed 9-3-13; Am. Ord. 2014-12-488, passed 12-2-14)
A subdivider may petition the Planning Commission for a waiver of improvement requirements in whole or in part on one or more of the following grounds:
(A) No plans for upgrading. The city has no plans for upgrading the substandard street or road on which improvements are proposed to be required by the subdivider.
(B) Primary access to improved streets. The proposed subdivision has primary access to improved streets or roads and the portion of the subdivision which fronts on a substandard street or road is so small or remote from anticipated future traffic patterns as to cause an unfair imposition on the subdivider.
(C) Alternate improvements. The subdivider proposes alternative improvements which will protect the health, safety and welfare of persons residing in the proposed subdivision and the surrounding area and equally benefit said persons.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.1100.04, passed 9-3-13; Am. Ord. 2014-12-488, passed 12-2-14)
The subdivider shall be required to dedicate sufficient right-of-way to bring those state highways which the Master Street Plan shows to abut or intersect the proposed subdivision into conformance with the right-of-way requirements of the Master Street Plan. The subdivider shall be required to install a sidewalk adjacent to that portion of a state highway abutting the proposed subdivision; provided, the subdivider shall be permitted to make a cash contribution in lieu of actual installation, which contribution shall be an account equivalent to the estimated cost of constructing the required sidewalk as of the date of final plat approval; and, provided further, that the Planning Commission may waive the sidewalk requirement prescribed by this section upon application by the subdivider and a determination by the Planning Commission that the topography of the proposed subdivision where it abuts a state highway is such that installation of a sidewalk is not practical. No other improvements to state highways shall be required of the subdivider unless required by the State Highway and Transportation Commission.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.1100.05, passed 9-3-13)
TREE PRESERVATION AND PROTECTION
The purpose of this chapter is to preserve and protect the natural beauty of Tontitown and protect the health and safety of its citizens through the regulation of the maintenance, planting and removal of trees within street rights-of-way or on other public grounds within the city.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.1200.01, passed 9-3-13)
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