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
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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.
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passage and approval.