Pulaski County

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Pulaski CountySubdivision and Development CodePulaski County Planning and Development Department3200 Brown StreetLittle Rock, Arkansas 72204501-340-8260Fax 501-340-8274Originally adopted 4-30-09 # 09-OR-28Amended 6-25-10 #10-OR-33Amended 5-24-16 #16-OR-20Amended 7-30-20 #20-OR-23July 30, 2020

AcknowledgementsCounty JudgeBarry HydeQuorum CourtDoug ReedTyler DentonKathy LewisonJulie BlackwoodLillie McMullenDonna MasseyTeresa ConeyCurtis KeithJudy GreenBarry JeffersonAaron RobinsonLuke McCoyPhil StowersPaul ElliottStaci MedlockPlanning BoardMark Wilson, ChairEric McDaniel, Vice ChairVal Yagos, SecretarySonia Eilleen FonticiellaSam KauffmanCara Boyd-ConnersRandall Green (Ex-Officio)Kristy EanesPat HaysDexter Doyne,Director of Public WorksSteve BrummettDirector of Planning and DevelopmentVan McClendonRoad and BridgeShane Ramsey, DirectoriiJuly 30, 2020

Table of ContentsChapter 1: General Provisions1Section 1.1Section 1.2Section 1.3Section 1.4Section 1.5Section 1.6Section 1.7Section 1.8Section 1.9Section ctmentInterpretation, Conflict, and SeverabilityReservations and RepealsAmendmentsVariances, Conditions and ExclusionsEnforcement, Violations, PenaltiesChapter 2: DefinitionsSection 2.1Section 2.28UsageDefinitions88Chapter 3: Subdivisions, Application, Procedure, and Approval ProcessSection 3.1Section 3.2Section 3.3Section 3.4Section 3.5Section 3.6Section 3.7Section 3.8Section 3.9Section 3.10Section 3.11Section 3.12Section 3.13Pre-Application ConferenceScheduleReplats and Lot SplitsMinor SubdivisionsMajor SubdivisionsPreliminary Plat Application and SpecificationsFinal Plat Application and SpecificationsPlat CertificatesBills of AssuranceAssurance for Completion and Maintenance of ImprovementsInspection of ImprovementsAcceptance of ImprovementsExpiration of Plats1717171718181922252728303030Chapter 4: Design Criteria32Section 4.1Section 4.2A.B.C.D.E.32333335363737General PrinciplesDesign pter 5: ImprovementsSection 5.1Section 5.2Section 5.338GeneralImprovements in Municipal Planning AreasImprovements in Non-Municipal Planning Areas383838iiiJuly 30, 2020

Section 5.4Section 5.5Section 5.6Section 5.7Section 5.8Section 5.9Section 5.10Section 5.11Street GradingStreet PavingStreet SignsCurbs and GuttersSidewalksUtilitiesOther UtilitiesMonuments3939393939404141Chapter 6: Additional RegulationsSection 6.1Section 6.2Section 6.3Section 6.4Section 6.5Section 6.6Section 6.7Section 6.842Additional Dwellings, Duplexes, Multi-Family,Non-Residential Development and ExpansionsApplication ProcedureSite Plan RequirementsSite Plan Design CriteriaMultiple Building LotsSetbacks on Unplatted PropertyDevelopment within the Extra-Territorial Planning Jurisdictionof a MunicipalityCompliance with Pulaski County Master Road PlanChapter 7: Industrial SubdivisionsSection 7.1Section 7.2Section 7.3Section 7.4Section 7.5Section 7.6Section 7.7Section 8.5Section 8.6Section 8.7Section 8.8Section 8.9Section 8.104242444545454647GenerallyPurposeStreet Design RequirementsImprovementsLot or Tract Design RequirementsAlternate Required Improvements for IndustrialSubdivisionsIndividual Tract PlatsChapter 8: Additional Requirements for Land Development Located in theWatershed of a Public Water SupplySection 8.1Section 8.2Section 8.3Section 8.442ApplicabilityWastewater DischargeStormwater ManagementPerformance Standard Approach for Achieving SurfaceRunoff Loading RatesConservation Design Approach for Achieving SurfaceRunoff Loading RatesStormwater Management and Drainage ManuelAdditional Plat and Site Plan Application RequirementsStormwater Management During ConstructionUndisturbed AreaVery High SlopesAppendix A: Lot Setback and Parking ly 30, 2020

Chapter 1: General ProvisionsSection 1.1TitleThe code herein shall be officially known, cited, and referred to as the Subdivision andDevelopment Code of Pulaski County, Arkansas.Section 1.2AuthorityThe code herein is adopted pursuant to the authority granted in Arkansas Code Annotated(A.C.A.) §§ 14-17-201, et. Seq.Section 1.3PurposeThe purposes of the code are consistent with Arkansas Code Annotated (A.C.A) § 14-17-206,and are intended to:A.Guide and accomplish a coordinated, efficient, and economic development of the County,or part thereof.B.Promote the health, safety, convenience, prosperity, and welfare of the people of theCounty.C.Conserve natural resources.D.Protect areas of environmental concern.E.Guide the development of land subject to flooding.F.Provide for adequate recreation, education, and community facilities including water,sewer, solid waste, and drainage improvements.G.Guide the development of transportation facilities, housing development, andredevelopment.H.Implement the long-term plan of the County for orderly development and redevelopmentof the County.Section 1.4A.JurisdictionThis code shall apply to all subdivisions of land, as defined in Chapter 2 of this code,located within the unincorporated portion of Pulaski County. Where unincorporatedportions of Pulaski County lie within the extra-territorial jurisdiction or planning area of amunicipality, this code shall apply as set forth in Arkansas Code Annotated (A.C.A.) §§14-17-201, et. Seq. or any other applicable state law or statute.1July 30, 2020

B.No subdivider within the unincorporated portion of Pulaski County shall proceed withany construction or work on the proposed subdivision, including grading, clearing, orother ground preparations, before obtaining Preliminary Plat approval, and shall notconvey title to any lot or lots before obtaining from the Pulaski County Planning BoardFinal Plat approval and acceptance of the plat.C.Any subdivider of land within the unincorporated portion of Pulaski County shall submitto the Pulaski County Planning Board plats of the subdivision and plans for the indicatedimprovements according to this code. In considering the approval of a plat the Boardshall observe and enforce the requirements and procedures set forth herein.D.The Pulaski County Floodplain and Flood Damage Prevention Ordinance, Ordinance No.15-OR-23 as amended from time to time, shall apply to land disturbing activitiesincluding but not limited to subdivisions and commercial development within theunincorporated portions of Pulaski County.E.The Pulaski County Stormwater Management Ordinance No. 07-OR-71 asamended from time to time, shall apply to land disturbing activities including, but notlimited to, subdivisions and commercial development within the unincorporated portionsof Pulaski County.F.The Lake Maumelle Watershed Zoning Code, Ordinance No. 14-OR-37 as amendedfrom time to time, shall apply to land disturbing activities including, but not limited to,subdivisions and commercial development within the Lake Maumelle Watershed ofPulaski County.G.The Pulaski County Master Road Plan Ordinance No. 13-OR-35 as amended fromtime to time, shall apply to land disturbing activities including but not limited tosubdivisions and commercial development within the unincorporated portions of PulaskiCounty.Section 1.5EnactmentIn order that land may be subdivided in accordance with this code, this code is hereby adoptedand made effective as of May 24, 2016. All applications for subdivision approval pending on theeffective date of this code shall be reviewed under this code. However, this code shall not applyif preliminary plat approval has been issued prior to the effective date of this code.Section 1.6A.Interpretation, Conflict, and SeverabilityInterpretationIn the interpretation and application of the provisions of this code, the requirements shall be heldto be the minimum requirements for the promotion of the public health, safety, and generalwelfare. This code shall be construed liberally to promote the purposes for which it was adopted.2July 30, 2020

B.ConflictThis code is not intended to interfere with, abrogate, or annul any other ordinance, rule orregulation, code, or other provision of law except as provided in this code. Where any provisionof this code imposes restrictions different from those imposed by any other provision of this codeor any other ordinance, rule or regulations, code, or other provision of law, the provision whichis more restrictive or imposes higher standards shall control.C.SeverabilityIf any section, clause, part, or provision of this code shall be held invalid or unconstitutional byany court of competent jurisdiction, such holding shall not affect any other section, clause, part,or provision of this code.Section 1.7Reservations and RepealsUpon the adoption of this code as provided by law, the Subdivision Rules and Regulations ofPulaski County adopted October 1968, as amended or revised, are hereby repealed, except asthose sections expressly retained in this code.Section 1.8AmendmentsWhen any amendment to this code is proposed, the Pulaski County Planning Board shall hold apublic hearing in accordance with Arkansas Code Annotated (A.C.A.) §§ 14-17-201, et. Seq.Following such a hearing, the Pulaski County Planning Board shall forward the recommendedamendment to the Pulaski County Quorum Court for adoption.Section 1.9A.Variances, Conditions and ExclusionsVariancesWhere the Pulaski County Planning Board finds that extraordinary hardships or practicaldifficulties may result from strict compliance with this code and/or the purposes of this code maybe served to a greater extent by an alternative proposal, it may approve variances to this code sothat substantial justice may be done and the public interest served, provided that the variance(s)shall not have the effect of nullifying the intent and purpose of this code; and further providedthe Pulaski County Planning Board shall not approve variances unless it shall make findingsbased upon the evidence presented to it in each specific case that:1.The granting of the variance will not be detrimental to the public safety, health, orwelfare or injurious to other property;2.The conditions upon which the request(s) are based are unique to the property forwhich the relief is sought and are not applicable generally to other property;3July 30, 2020

B.3.Because of particular physical surroundings, shape, or topographical conditions ofthe specific property involved, a particular hardship to the owner would result, asdistinguished from a mere inconvenience, if the strict letter of this code is carriedout;4.The relief sought will not in any manner vary the provisions of Master Road Planor Master Road Plan Map or any other plans of the County.ConditionsIn approving a variance(s) to this code, the Pulaski County Planning Board may require suchconditions as will, in its judgment, secure substantially the purposes set forth in Section 1.3.C.ProceduresA petition for a variance shall be submitted in writing by the subdivider at the time when the SitePlan, Preliminary Plat, or other documentation is filed for consideration by the Pulaski CountyPlanning Board. The petition shall state fully the grounds for the application and all of the factsrelied upon by the petitioner.D.NoticeThe applicant/subdivider shall be required to provide notice for all applications that seek avariance from the standards of this ordinance. The requirements shall be as follows.1.The applicant/subdivider shall submit proof that at least six (6) days notice ofthe Pulaski County Planning Board’s hearing has been given to all propertyowners (including those directly across streets and alleys) abutting the boundaryof the property which is the subject of the variance request.2.The notice shall inform the abutting property owners of variance request(s)by describing the requested variance(s) and stating the sections of the ordinancereceiving said requested variance(s).2.The applicant/subdivider may utilize one of the following methods for providingnotice to the affected property owners.a.A walk-around notice supplied by the Department of Planning andDevelopment with the applicant determining the ownership of parcelsor;b.A certified mail notice to owners utilizing a provided form letter and alist from an abstract firm showing the property owners taken from taxrecords.4July 30, 2020

3.E.Proof of notice is to be filed with the staff of the Department of Planning andDevelopment at least four (4) days prior to the public hearing.ExclusionsThe requirements of this Ordinance shall be waived as specified herein for thesubdivision of land for transfer of the subdivided lots for residential purposes toimmediate family members when no new public roads are required for access to anyof the subdivided lots. Immediate family members shall be limited to parents,grandparents, brothers and sisters, children, (including stepchildren), grandchildren andthe spouse of the Owner. Prior to a transfer of a subdivided lot to a person who is not animmediate family member, the Owner or transferee shall comply with all applicablerequirements of this Ordinance. The Pulaski County Planning Board shall grant avariance of the requirements of this Ordinance if the following conditions are met:1.2.The Owner shall submit an application for a variance to the Pulaski CountyPlanning Board which includes:a.A copy of the instrument which identifies the legal description of theproperty before the proposed transfer and the ownership interest of theOwner;b.A survey which shows the boundaries and legal description of theproposed lots in the subdivision and the location of existing public roadsand which includes a certification by the Owner that all of the proposedlots have access to existing public roads and that no new public roads willbe constructed;c.Proof the proposed lot(s) are adequate in size to meet the ArkansasDepartment of Health requirements for septic service;d.The names and addresses of the individuals to whom the property will betransferred, including copies of the birth certificate(s), adoption record(s)or other official records which demonstrate that the transferees areimmediate family members;The variance shall be signed by the Director of the Pulaski County Planning andDevelopment Department and by the Owner, and shall include the survey and listof transferees as attachments, and shall include the following statement: “Thesubdivision of land described in the survey attached hereto and incorporatedherein is exempt from the requirements of the Pulaski County SubdivisionOrdinance, Ordinance No. 16-I-35 through a variance approved by the PulaskiCounty Planning Board on (date). This variance expires upon transfer of any lotwithin the subdivision to a person who is not identified on the list of transferees asan immediate family member of one of the listed transferees. Prior to a transfer ofa subdivided lot to a person who is not identified as an immediate family member5July 30, 2020

of one of the listed transferees, the Owner or transferee must comply with all ofthe applicable provisions of the Pulaski County Subdivision Ordinance,Ordinance No. 16-I-35.”3.A written statement must be signed by all parties involved which in effect statesthat the property must remain in the immediate family or all the subdivision rulesand regulations will apply. Signatures of all parties involved must be on thewritten statement and signed before a notary.4.If any lot of the proposed subdivision would result in a landlocked parcel, thenan ingress/egress easement must be granted and shown on the survey/plat.5.The variance shall be filed with the Pulaski County Circuit Clerk in the deedrecords.6.If a lot created by a family exclusion is further subdivided for SALE to someoneoutside the family as defined by this code, the newly created lot must comply withthe requirements of a subdivision as established in this code.7.If a lot created by a family exclusion is transferred outside of the family, the lotmust be platted per the final plat requirements established in this code.Section 1.10A.Enforcement, Violations, and PenaltiesEnforcement1.It shall be the exclusive duty of the Pulaski County Planning and DevelopmentDirector or their designee to enforce this code and to bring to the attention of theProsecuting Attorney, or the County Civil Attorney or his or her designated agentany known violation (s) of these regulations.2.The Pulaski County Planning Board may from time to time issue instruction andoperating procedures to be followed in the administration of these regulations tothe end that the public may be informed and that approval of plats be expedited.3.No owner, or agent of the owner, of any parcel of land located in a pendingsubdivision shall transfer or sell any part of the parcel before a Final Plat of thesubdivision has been approved by the Pulaski County Planning Board inaccordance with the provisions of this code and filed with the Clerk and Recorderof Pulaski County.4.The construction of any building or structure located on a lot or plat subdivided orsold in violation of the provisions of this code shall not be permitted, nor shallPulaski County have any obligation to allow the addressing or the extension ofutility services to any parcel or building created or constructed in violation ofthese regulations.6July 30, 2020

B.Violations and PenaltiesAny violation of this code or amendment hereto shall be deemed a violation of CountyOrdinance under the laws of the State of Arkansas and the offender upon conviction shall bepunished for a violation. Any courts having jurisdiction of violation cases shall have jurisdictionto try such offender and upon conviction to fine them not less than one hundred dollars ( 100.00)but not more than five hundred dollars ( 500.00) for each offense. Each day that any violation ofthis code is in effect shall constitute a separate offense.C.Civil EnforcementAppropriate actions and proceedings may be taken in law or in equity by the County to preventany violation of this code, to prevent unlawful construction, to recover damages, to restrain,correct, or abate a violation and to prevent illegal occupancy of a building, structure, or premises.These remedies shall be in addition to the penalties described in parts A. and B. of Section 1.10above. No right of action is granted to any private citizen to enforce the provisions of theregulations against another property owner.7July 30, 2020

Chapter 2: DefinitionsSection 2.1UsageA.For the purpose of this code, certain numbers, abbreviations, terms, and words shall beused, interpreted, and defined as set forth in Section 2.2.B.As used in this code, words in the present tense include the future; words in the singularinclude the plural number and words in the plural include the singular; the word“building” includes the word “structure”; the word shall is mandatory.Section 2.2DefinitionsAccessory Building. Means a building which: (1) is subordinate to and serves a principalbuilding or principal use; (2) is subordinate in area, extent or purpose to the principal building orprincipal use served; (3) contributes to the comfort, convenience or necessity of occupants of theprincipal building; and (4) is located on the same lot as the principal building.Alley. A public or private right-of-way primarily designed to serve as secondary access to theside or rear of those properties whose principal frontage is on some other street.Applicant. The owner of land proposed to be subdivided or his/her representative.Best Management Practices (BMPs). Are measures that are utilized to reduce pollutants in stormwater runoff. An example of a “non-structural” BMP is limitations on the use of phosphatefertilizers on lawns, while an example of a “structural” BMP is a vegetated swale which slowlyconveys runoff.BMP Operation and Maintenance (O & M) Plan. Is a plan which describes required operationand maintenance practices for storm water BMPs, including field inspections, requiredmaintenance activities, provisions for unscheduled maintenance, financing, prob

Chapter 4: Design Criteria 32 Section 4.1 General Principles 32 Section 4.2 Design Specifications 33 A. Streets 33 B. Blocks 35 C. Lots 36 D. Easements 37 E. Parking 37 Chapter 5: Improvements 38 Section 5.1 General 38 Section 5.2 Improvements in Municipal Planning Areas 38 .

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