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1433,. ORDINANCE NO . I w 33 AN ORDINANCE TO AMEND ARTICLE III, 3BCTION 6C AND ARTICLE VI, 8BCTION 1B OF THB LAND SUBDIVISION AND DBVBLOPMBNT CODE OF THB CITY OF WEST MEMPHIS, ARKANSAS, AS ADOPTED BY ORDINANCE 1266, DBCLARINti AN BMBR4BNCY, AND FOR OTHER PURPOSES. WHEREAS, after a public hearing upon due notice and publication, the Planning Commission approved and recommended for adoption certain proposed amendments to the Land Subdivision and Development Code of the City of West Memphis, Arkansas, adopted by Ordinance 1266; and WHEREAS, the City Council finds that the proposed amendments to the Land Subdivision and Development Code of the City of West Memphis should be adopted; NOW, THEREFORE, BB IT ORDAINBD BY THB CITY COUNCIL OF THB CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. Article III, Section 6C of the Land Subdivision and Development Code of the City of West Memphis, Arkansas, as adopted by Ordinance 1266 is hereby amended to read as follows: Sidewalks Sidewalks shall be a minimum of four (4) feet wide and 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. Where sidewalks are to be installed on corner lots, the sidewalk shall be extended to the street pavement and a curb cut shall be installed so as to make the sidewalk accessible to the handicapped. Sidewalks shall be required as follows: (1) Residential (a) On both sides of all arterial, collector, and residential streets, for all lots which front or side on said streets. Sidewalks shall not be required along arterial streets in cases where access is restricted on the plat to prevent ingress or egress to a residential lot along an arterial street. (b) Internalized pedestrian circulation systems 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 of the Planning Commission. (c) On residential and collector streets, the developer may request the location of sidewalks adjacent to the curb where such location is important to the design concept of the subdivision or in such cases where the normal alignment would interfere with other existing utility structures. The approval of an alignment other than adjacent to the property line may be granted by either the Planning Commission or the Director of Planning. (2) Commercial If at the time of platting one or more lots contained in said plat are zoned and intended for office or commercial use, sidewalks shall be required along both sides of all streets except where: (a) The right of access is restricted on the plat for said lots; or (b) If the lot or lots represent part of a block face, either existing or proposed, which is more than fifty percent developed at the time of platting and sidewalks do not exist on these developed parcels. A block face shall include all frontage along a street between two intersecting streets, and the percent developed is based on front feet of developed lots, not the number of lots. (3) Industrial Sidewalks are required for lots that are zoned and intended for industrial use if at the time of platting the Planning Commission determines that one or more of the streets in said industrial plat is so located that it connects one or more residential areas and/or community facilities in such a manner that the provision of a sidewalk is essential to accommodate pedestrian movements. Such determination will be made by the Planning Commission at the time of preliminary and final plat review and all such sidewalk requirements will be reflected on the final plat. SECTION 2. Article VI, Section 1B of the Land Subdivision and Development Code of the City of West Memphis, Arkansas, as adopted by Ordinance 1266 is hereby amended to read as follows: B. Sidewalks Construction plans shall show the location of all sidewalks. Installation shall be in accordance with these plans and are the responsibility of the developer. The developer may either: (1) Construct all sidewalks at the time of installation of street and drainage improvements; or (2) Post a cash bond in escrow with the City of West Memphis to cover the cost of installation of all required sidewalks. If the developer chooses this method, no building permit shall be issued for any lot where a required sidewalk is shown unless the site development -2- • r y . 1 plan indicates the required sidewalk; and no certificate of occupancy shall be issued for any property until the sidewalk is constructed. Upon completion of the sidewalk for each lot, and following the issuance of a final certificate of occupancy, eighty (80) percent of the pro rata costs of said sidewalk improvement that has been escrowed will be returned to the developer. If any required sidewalks within the subdivision have not been installed within two years from the date of recording the final plat, the City shall apply the remaining available escrowed funds and cause all remaining sidewalks to be installed. Upon completion of all required sidewalks, all funds remaining, if any, shall be returned to the developer. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. EI~ER(iENCY CLAUSE. It having been found and determined by the City Council of the City of West Memphis, Arkansas, that there is an urgent need by the City of West Memphis to amend the sidewalk requirements of the Land Subdivision and Development Code to provide standards for the installation of sidewalks, an emergency is hereby declared to exist, and this Ordinance being necessary for the preservation of the public peace, health, safety and welfare of the citizens of West Memphis, Arkansas, shall be in full force and effect from and after the date of its PASSED AND APPROVED this ATTEST: DAN SPONSORED BY: day of Qua ~~ , 1990. o '~C ~_ .. i,~ ~,~ .,~ , ~, ; .- , ~ ~ 3 0 - g_ a _._... 1 I ~ ~' s' aNw -3- passage and approval.