Saline County Arkansas

Code of Ordinances

1999

Chapter 57

SUBDIVISIONS RULES & REGULATIONS

Section 1.    Purpose, Authority and Jurisdiction.

Section 2.    Definitions.

Section 3.    Procedural Requirements.

Section 4.    Plat Specifications.

Section 5.    General Principals.

Section 6.    Design Requirements.

Section 7.    Improvements.

Section 8.    Fees.

Section 9.    Administration.

Section 10.  Maintenance Bond.

Section 11.  Acceptance of Public Facilities, Dedications and Recordation.

Section 12.  Penalty.

Section 13.  Adoption.

Section 14.  Title.

Section 15.  Severability.

Section 16.  Emergency.

Section 17.  Protecting Rights to File Plats.

Section 1.  

Purpose, Authority and Jurisdiction.

1.1.  It is hereby found and declared that in order to make adequate provisions to guide, direct and control future growth and development in Saline County in an orderly, efficient, healthful and economic manner, that there exists the necessity for setting forth certain procedures and standards to be followed in the development or redevelopment of land subdivisions in Saline County, Arkansas.

1.2.  The Provisions of this regulation are adopted pursuant to authority set forth in Act 422 of the general Assembly of the State of Arkansas for the year 1977 as amended.  Repealing Clause:  Act 108 of 1929; Act 246 of 1937; Act 353 of 1953;and Act 202 of 1957 are hereby repealed.  Additionally, all laws and parts of laws in conflict with Act 422 of 1977 are hereby repealed.

1.3.  These rules and regulations are intended to serve the following purposes:

• To assist orderly, economic, efficient, and coordinated development within Saline County.

• To promote the health, safety, morals and general welfare of the residents of Saline County.

• To ensure conformance of subdivision plans with the public improvement plans of Saline County, and the cities and towns within the county.

• To secure equitable handling of all subdivision plans by providing uniform procedures and standards for observance both by subdividers and the Saline County Planning Board.

1.4.  Any subdivider of land within the Saline County's planning jurisdiction shall submit to the county Planning Board plats of the subdivision and engineering plans for indicated improvements according to these regulations.  In considering the approval of the plat the Board shall observe and enforce the requirements and procedures set forth herein.  In the case of a plat constituting a replat of land into tow or more lots, all of which will be served by an existing street or streets, the Board shall have the power to vary the said requirements so that substantial justice may be done and the public interest served.

1.5.  No subdivider proposing to make or have made a subdivision within the Saline County's planning jurisdiction shall proceed with any construction work on the proposed subdivision, including grading, except for clearing for Health Department approval before obtaining a Certificate of Preliminary Plat Approval, nor shall anyone convey any title or contract sale to any lot or lots before obtaining a Certificate of Final Plat Approval and having recorded the plat with the Saline County Circuit Clerk.

1.6.  No subdivider shall record the plat of a subdivision or bill of assurance or any part thereof before obtaining from the Board a certificate of final plat approval and approval of the bill of assurance.

1.7.  A bill of assurance shall be attached to or accompany each plat submitted to the Board.

Section 2.  

Definitions. 

2.1.  As used in these rules and regulations, words in the present tense include the future; words in the singular include the plural number, and words in the plural include the singular, the word "building" included the word "structure", the word "shall" is mandatory and not directory.

2.2.  Certain words in these regulations are defined for the purpose hereof as follows:

2.2.1.    Alley - A minor permanent public service way which is used primarily for vehicular service access to the back of the side of properties otherwise abutting on a street.

2.2.2.  Board - The Saline County Planning Board.

2.2.3.  Building Line - A line across a lot establishing the minimum open space to be provided         between the buildings or other structures and the street property line.

2.2.4.  Bill of Assurance - A statement attached to the plat and signed by the owner setting out the following:

(1)  That he is the owner of the land described (followed by a legal description of the land) with deed record book and page number when originally purchased.

(2)  That he has ordered the land surveyed and divided into lots as shown on the plat.

(3)  That he adopted this name for the subdivision after submittal to and approval of the subdivision name by the Assessor's office of Saline County.

(4)  That all street names for any new streets have been submitted to and approved by the Saline County Office of Emergency Services (OES).

(5)  That all lots shall hereafter be transferred in deeds by subdivision name, block and lot number.

(6)  That the replat of any lot in the approved subdivision will be submitted to the Planning Board if the lot is intended to be split into two or more parts or two or more lots are combined into one lot.

(7)  That all streets, alleys, parks and easements are to be dedicated to the public after paving and maintaining for 1 year if accepted by Quorum Court.

(8)  That on each lot where septic tanks are utilized there shall be a ten (10) foot side yard, free of all structures, to permit access of a septic tank cleaning truck.

(9)  That no more than one principal dwelling unit shall be placed in each lot.  Exceptions may be made for multi family units, mobile home parks, commercial, industrial and public uses, provided documentation from the State, and county Health Services approves the method of sewage disposal.

2.2.4.1.  The Bill of Assurance can only be changed by approval of the Saline County Planning Board.

2.2.4.2.  Sometimes there are use restrictions added to the Bill of Assurance.  Procedure for changing these restrictions may also be included in the instrument setting out the restrictions.

2.2.5.  County Engineer - A State of Arkansas registered engineer who is an employee of, or is on a retainer by Saline County, Arkansas.  In lieu of a registered engineer, the county Judge may nominate and the Saline County Planning Board may then approve the designation of an individual employee of Saline County, Arkansas, to carry out the functions of the County Engineer, as referenced hereinafter.  Also, the County Engineer shall have the same voting rights as a board member.

2.2.6.  County Surveyor - The County Surveyor or his designated representative of Saline County.  The County Surveyor or representative shall be a State of Arkansas registered surveyor.

2.2.7.  County Road or County Street - a Right-of-way with vehicular driving surface which affords the principal means of access to abutting property and which has been dedicated to public use and which has been accepted by the Quorum Court of Saline County for maintenance.

2.2.8.  County - Saline County, Arkansas.

2.2.9.  Cul-de-sac - A short street having one end open to traffic and being permanently terminated within the plat by a vehicular turnaround.

A)  Temporary Cul-de-sac ???

2.2.10.  Easement - A grant by the property owner for the use by the public, a corporation, or persons of a strip of land for specific purposes.

2.2.11.  Engineer - A State of Arkansas registered engineer licensed to practice.

2.2.12.  Final Plat - A finished, as built drawing, to scale showing completely and accurately all legal and engineering information and certification necessary for the recording and including the Bill of Assurance.

2.2.13.  Frontage Road - (Sometimes referred to as access road)  A street, parallel to and adjacent to a major highway or thoroughfare, which provides access to abutting properties.   

2.2.14.  Health Department - The Saline county Health Department, or the Arkansas State Board of Health, whichever has jurisdiction.

2.2.15.  Lot - A portion of a subdivision, or any other parcel of land, intended as a unit for transfer of ownership or for development.

2.2.16.  Lot, Corner - A lot abutting upon two or more streets at their intersection.

2.2.17.  Lot, Through - a lot other than a corner lot abutting upon two or more streets.

2.2.18.  Maintenance Bond - Means a bond furnished by the subdivider or contractor to the County for a one-year period (minimum), to cover the cost of repairs resulting from defects in materials and workmanship of public improvements installed by the subdivider or his contractor.

2.2.19.  Plan, Development - The complete plan, or any of its parts, for the development of all or part of Saline County, as adopted in accordance with the Arkansas Statutes as are now or may be hereafter in effect.

2.2.20.  Plat - A map or chart indicating the subdivision or re-subdivision of land.

2.2.21.  Preliminary Plat - A drawing which shows the proposed layout of a subdivision in sufficient detail to indicate unquestionably its workability in all aspects, but is not in final form for recording.

2.2.22.  Replat - A plat that has undergone the process of changing the configuration of lot lines within an approved plat of record to increase, decrease, or change the shape of size of lots.

2.2.23.  Staff - The employees of Saline County designated by the County Judge to assist in carrying out the intent of this regulation.

2.2.24.  Street - A right-of-way for vehicular traffic which affords the principal means of access to abutting property.  (See County Road or County Street).

2.2.25.  Subdivider - Any person, individual, firm, partnership, association, corporation, estate, or trust, or any other group or combination, acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined, and includes any agent of the subdivider.  The term "developer" as may be used in this regulation means "Subdivider" as defined.

2.2.26.  Subdivision - Any division of a lot, tract, or parcel of land whether by platting or by metes and bounds into three or more lots or parcels for purpose of transfer of ownership or development including the combination of three (3) or more previously platted lots.  The term subdivision shall apply also to any division of land involving the dedication of a street to the public, including ingress and egress easements, provided however, that any division of land into lots or parcels of five (5) acres or more shall not be deemed a subdivision unless street, including ingress and egress easement, is involved.  The following transactions are exempt:

1.  Property devised by will.

 

2.  Property placed in trust.

 

3.  Family division.  (Defined as transaction exempt under the Arkansas Real Property Transfer Act (as amended) involving transfers between a father and mother and their descendants and brother and sisters and their descendants.

 

4.  Judicial action regarding division of land.

2.2.27.  Subdivision, Minor - Any division of a lot, tract, or parcel of land either by platting or by metes and bounds that shall neither include the establishment of any streets nor create the need to dedicate additional right-of-way or widen pavement on an existing county road as the need may be shown on the Saline County Master Street Plan.

2.2.28.  Subdivision, Primary - Any division of a lot, Tract, or parcel of land either by platting or by metes and bounds into two (2) or more lots or parcels for purpose of transfer of ownership or development including the combination of two (2) or more previously platted lots.  The "Primary Subdivision" ordinarily applies to any division of land involving the dedication of a street to the public, the dedication of additional right-of-way and improvements to an existing county road as shown on the Saline County Master Street Plan and, in general, any subdivision of land resulting in the need to produce engineering drawings and data in order to meet the improvement requirements of this ordinance.

2.2.29.  Surveyor - A registered surveyor licensed to practice in Arkansas.

2.2.30.  Territorial Jurisdiction - All land laying outside of incorporated areas in Saline County and which is not within the extraterritorial planning jurisdiction of an incorporated area as prescribed by Arkansas Statute Act 186 of 1957 as amended.

2.2.31.  Private Road Subdivision - Any division of a lot, tract or parcel of land by platting into two or more lots as parcels for the purpose of transfer of ownership or development where ingress and egress roads are owned by an incorporated property owners association, which included provisions for levying of assessments for maintenance of roads.  (Easements without incorporated associations do not qualify.)  Subdivisions involving lots less that three (3) acres (exclusive of road right-of-way) must meet all provisions of the Subdivision Rules and Regulations, Subdivision involving lots of three (3) acres or more exclusive of road right-of-way, must meet all provisions of the Subdivision Rules and Regulations except those pertaining to paving.  Any ordinance or parts of ordinance in conflict herewith are hereby repealed.

Article 2.  Emergency Clause.  An emergency is hereby declared to exist and this ordinance is deemed necessary for the smooth operation of Saline County Government and shall be in full force and effect after its passage and approval.

Section 3.  

Procedural Requirements

3.1.  Pre-Application Consideration

Whenever any subdivision of a tract of land is proposed to be made, the subdivider or his agent may submit to the secretary in the County Judge's office, sketch plans and data concerning existing conditions within the site and in its vicinity, and which shall convey the intentions of the subdivider as to the proposed layout and type of development.  The secretary will submit the material to the County Planning Board for their review and inform the subdivider of the time and place of the meeting.

No fees shall be collected for pre-application consideration, the purpose being to acquaint the subdivider with plans and policies in effect that would be significant to the proposed subdivision.  If after the pre-application review the subdivider or agent intends to continue with the project, an application for Certification of Preliminary Plat approval shall be made.

See 3.2 following.

3.2.  Application for Certification of Preliminary Plat Approval

3.2.1.  Whenever any subdivision of a tract of land is proposed to be made, the Subdivider or agent of the Subdivider shall submit to the County Judge's office, a minimum of fifteen (15) calendar days prior to the regular Planning Board meeting on application for a Certification of Preliminary Plat Approval which shall consist of:

3.2.1.1.  A letter of request.

3.2.1.2.  Plats, plans and data as specified in Section 4.1, concerning existing conditions within the site and its vicinity and which shall convey the intentions of the subdivider as to the proposed layout and type of development.

3.2.1.3.  A filing fee as specified in Section 8.

3.2.1.4.  Notice of intent by registered mail to prove that the subdivider has notified adjoining landing owners.  Must be turned in with the preliminary plat.

3.3.  Process Leading to Approval of the preliminary Plat

3.3.1.  Upon receipt of an application for certification of Preliminary Plat Approval, the staff shall check the application for conformance to these rules and regulations (see Section 4.1) and shall also consider letters or certificates of approval or disapproval from City, County, and State agencies and utility companies.  The staff shall note the number of days the submission is made prior to the next regular Planning Board meeting and if less than fifteen (15) days inform the applicant that the application will not be on the agenda at the next regular meeting.

3.3.2.  The staff shall deliver all applications for preliminary plat approval deemed to have met the submission and time requirements to the Planning Board for the regular agenda meeting.

3.3.3.  The Planning Boars shall initiate action on applications for preliminary plat approval at its regular scheduled meeting provided said applications are placed on the agenda by the staff of the County Judge's Office.  Approval of a Preliminary Plat shall be given by the Planning Board by the issuance of a Certificate of Preliminary Approval, or if the application is disapproved, the reasons therefore shall be submitted to the applicant in writing. 

3.3.4.  A preliminary plat may be approved with conditions for further action by the developer imposed by the Planning Board.  The approval and conditions shall be reflected in the minutes of the meeting.  With proof of meeting the conditions, the developer may submit the plat to the staff for execution of approval or it may be carried subsequently to the Board for its direct action.

3.3.5.  The preliminary plat submitted will be identified by the Planning Board as a "Minor Subdivision" or a "Primary Subdivision".  See Section 2. Definitions.

3.3.6.  When the preliminary plat is defined as a primary subdivision and the conditions imposed by the Planning Board are for the required production of engineering drawings and specifications in support of the subdivision the following procedure shall prevail:

3.3.6.1. The certificate of Preliminary Plat Approval will not be signed initially on the plat by the Chairman of the Planning Board.  The Planning Board approval of the Preliminary Plat with conditions is verified by the minutes of the Board.  The minutes are the authority to permit the developer to proceed with the compilation of the engineering drawings and specifications without rescission by the Planning Board of the plat proposal as submitted.

3.3.6.2.  The engineering drawings and specifications upon completion will be reviewed or caused to be reviewed by the Planning Board.  Approval of the engineering drawings and specifications shall be cause for the Subdivider's engineer of record to compile cost estimates of the improvements to be installed.  When the Subdivider's engineer and the engineering authority of the County agrees upon the cost estimates then the chairman of the Planning Board may sign the Certificate of Preliminary Platt Approval.

3.3.6.3.  The signed certificate shall be the authority by the Saline County Planning Board for the subdivider to install the improvements required, with the actual "as built" installation subject to the approval of agencies having authority and jurisdiction.  For example, utility companies, Health Department, the Saline County Road and Bridge Department, etc. 

3.3.7.  When the preliminary plat is a minor subdivision and the plat meets the requirements set-out in Section 4 and provided that the Certification of Surveying Accuracy is signed, the Planning Board may authorized the preliminary plat to be re-labeled as a final plat.  The re-labeled final plat or a subsequent final plat may be filed for record provided the subdivider meets all conditions imposed and the Chairman of the Planning Board has signed the Certificate of Final Approval.  (See Section 11 (d).

3.3.8.  One copy of the approved preliminary plat shall be retained in the Board's files, and one copy endorsed with the Certificate of Preliminary Plat approval shall be returned to the subdivider.

3.3.9.  Approval of the Preliminary Plat shall be governed by the following qualifications:

Approval of a Preliminary Plat is one step in the process leading to the preparation and approval of a Final Plat.  The Final Plat shall reflect the "as built" required improvements and the exact lay-out of lots and blocks and is the instrument filed for record with the Circuit Clerk/Recorder of Saline County.

Approval of the Preliminary Plat shall be effective and binding upon the Board for one year and thereafter in those instances where sufficient cause is established by the Subdivider which may justify an extension of time.  The Subdivider may formally apply for an extension which shall only be granted by the Planning Board.  An application for an extension of time shall be made by the Subdivider prior to default.

3.4.  Application for Approval of the Final Plat

3.4.1.  Whenever the provisions of these rules and regulations have been compiled with and to the extent that an "as Built" plat can be produced then the subdivider may submit to the Board an application for review and approval of the Final Plat or part thereof which shall consist of:

3.4.1.1.  A letter of application requesting review and Final Approval of the plat.

3.4.1.2.  The Final Plat and other documents as specified in Section 4.2.

3.4.1.3.  A filing fee as specified in Section 8.

3.4.1.4.  A "letter of compliance" signed by the head of the County Road and Bridge Department and addressed to the Saline County Planning Board which certifies that all improvements and installations have been made in accordance with the approved construction plans, specifications, drawing and the standards established by the county or assurance of completion has been given to the county in the form of a Certification of Deposit, Treasury Bond, or other negotiable government security or an Irrevocable Letter of Credit.

3.5.  Approval of the Final Plat

3.5.1.  Whenever a Final Plat has been submitted to the Board which is in conformance with an approved Preliminary Plat and which reflects "as built" conditions and the provisions of Section 4.2, the Board shall consider and take action on the plat.

3.5.2.  The Board may cause an Arkansas Registered Surveyor to check the Final Plat for correctness, charging the cost to the subdivider if the plat is found to be in error.

3.5.3.  Approval for final plat approval shall be submitted tot e staff in the County Judge's office at least fifteen (15) days prior to the regular meeting date of the Board in order to be considered at said meeting.  The Board will not take action on any applications received less than fifteen (15) days before its meeting.  The Board will act to approve or disapprove final plats presented when scheduled by the staff for the regular meeting.

3.5.4.  If the Final Plat is disapproved, the applicant shall be so notified in writing and the reasons therefore shall be enumerated.

3.5.5.  Approval of the Final Plat shall be indicated by execution of a Certificate of Final Plat approval on the plat by the Chairman of the Planning Board.

3.5.6.  Approval of the Final Plat by the Board shall not be deemed acceptance of any of the dedications shown on the plat.  Such acceptance will be made by the County Court as prescribed by law.

3.5.7.  It is permissible for the subdivider to present documents for the public dedications of streets and drainage appurtenances and public facility sites to the Quorum Court following execution of the guarantee for completion of improvements as described in Section 9.1 Assurance For Completion of Improvements.  The alternative to the above procedure is to wait to make public dedications until the improvements are made in fact and have received final approval by the county Road and Bridge Department.

3.5.8.  The Final Plat can be recorded only after the plat has received a Certificate of Approval from the Saline County Planning Board, executed by the Chairman.  Submittal of five (5) copies and (1) one original for recordation to the office of the Circuit Clerk shall be the subdivider's responsibility.  The subdivider shall provide a recorded copy to the Road and Bridge Department, the Planning Board, Assessor and the Office of Emergency Management.

3.5.9.  No sale of property, contract of sale, or additional structures placed on property within a subdivision shall be made until the Final Plat has been recorded in the office of the circuit Clerk.  Final plats shall be duly recorded within six (6) months of Final Plat approval or the plat shall be declared null and void.

Section 4.

Plat Specifications

4.1.   Preliminary Plat Specifications, Size, Number, and Quality (Minor and Primary)

4.1.1.  The submission to the Planning Board shall consist of ten (10) black or blue prints on white background, and such other documents in ten (10) copies as are necessary to meet the requirements of this section.  (If proposed subdivision is within the jurisdiction of a city Planning Commission the subdivision process of the city shall be followed.)

4.1.2.  The Preliminary Plat shall be clearly and legibly drawn,  The size of the plat shall not be smaller than seventeen (17) inches by twenty-two (22) inches for subdivisions more that two lots.  The plat of a subdivision containing six (6) acres or more shall be drawn at a scale of one (1) inch equals one hundred (100) feet unless otherwise determined by the Board or Staff that a different scale is needed.

4.2.  Final Plat, Size, Number, and Quality (Minor and Primary)

4.2.1.  The submission shall consist of the original drawing plus five (5) copies, as are necessary to meet the requirements of this action.  The subdivider shall also furnish the Board with one reproducible linen print  or other comparable transparent print of the final drawing showing the executed certificates, as specified in Section 4.6.2.

4.2.2.  The Final Plat shall be clearly and legibly drawn in black ink or may be a Computer Aided Drawing.  The size of the plat shall not be larger than twenty-four (24) by thirty six (36) inches, text size no less than twelve (12%) percent including margins when the plat is drawn at a scale of one (1) inch equals one hundred (100) feet.  Plats may be drawn on larger sheets provided the reductions to the above maximum size will be legible in all respects.  The Board may require specific scales to be used.

4.2.3.  The Final Plat shall conform to the preliminary plat reflecting "as built" conditions and it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at any one time (phased development) provided that each portion conforms to the requirements of these rules and regulations.

4.3.  Plat Requirements.

Each plat shall contain the information indicated by the check mark under the appropriate column and opposite the requirement as shown on the following chart.

4.4.  Each Preliminary Plat shall be accompanied by the following information:

4.4.1.  The minimum lot area in square feet for lots served by septic tanks shall be 20,000 square feet provided the percolation reports are approved by the health Department, and provided further evidence to show that the disposal system is correlated with topography features of the proposed lots.  Where septic tanks are permitted, there shall be a minimum of ten (10) foot side yard clearance on each lot to permit access for a septic tank cleaning truck.

4.4.2.  A summary of the proposal giving information as to the overall development plan, giving type of structure, number of dwelling units, types of business and industry so that the  effects of the development can be determined by the Board and the Staff. 

4.4.3.  Existing and Proposed Covenants and restrictions.

4.4.4.  Source of water supply

4.4.5.  Provisions for sewage disposal, drainage, flood control, and utilities accompanied by certificates of approval or disapproval from the City, County, or State agencies, as well as from the utility companies that are applicable.  Such material should  be obtained and submitted by the subdivider.

4.4.6.  Typical cross sections of all streets.  Centerline profiles of approximate street grades derived from office computations may be required by the Staff if deemed advisable.

4.4.7.  Fees - Filing fees for preliminary plats shall be those established by the County Ordinance by the Quorum Court of Saline County, Arkansas.

4.4.8.  Bill of Assurance - A draft of the Bill of Assurance proposed for the subdivision generally describing covenants, restrictions and conditions applicable to the property shall be submitted for review at the time of preliminary plat review.  (See Bill of Assurance in Section 2, Definitions).

4.4.9.  Such other information the subdivider wishes to bring to the attention of the Board.

4.5.  The Final Plat shall be accompanied by the following information and documents unless shown on the plat itself:

4.5.1.  A Bill of Assurance containing, as a minimum, the information as shown in Section 2, Definitions.

4.5.2.  The subdivider shall obtain approval of the Bill of Assurance by the Board before filing the Bill of Assurance with the subdivision.

4.5.3.  Certificate of approval of water supply and sanitary sewage disposal by the appropriate agency, when not connected to a municipal system.

4.5.4.  All calculations and field notes when required by the Board.

4.6.  Plat Certificates.

Each plat submitted to the Board shall have the following certificates displayed and made a permanent part of the plat.

4.6.1.  Preliminary Plats:

Certificate of Preliminary Surveying Accuracy.

I, _____________________, hereby certify that this plat correctly represents a boundary survey made by me or under my supervision; that all monuments shown hereon actually exist and their location, size, type, and material are correctly shown; and that all interior lot lines are accurately described in terms of length and direction of the property sides.

Signed  __________________________                ____________________________

                                                                                 Registered Land Surveyor

No.  _____________, Arkansas

Certificate of Preliminary Engineering Accuracy.

I,  __________________________, hereby certify that I am the engineer of record for this subdivision and that I, or those under my supervision will design and monitor the construction of the improvements required in accord with the Saline County Subdivision Regulation Ordinance.

Signed  _________________________   Registered Engineer _______________________

No.  _____________, Arkansas

Certificate of Preliminary Plat Approval.

All requirements of the Saline County Subdivision Rules and Regulations relative to the preparation and submittal of a Preliminary Plat having been fulfilled, approval of this plat is hereby granted, subject to further provisions of said Rules and Regulations.

This Certificate shall expire __________________

                                                        Date

Date of Execution ___________________     Signed  ___________________________

_________________________________

Name, Chairman

Saline County, Arkansas

4.6.2.  Final Plats

Certificate of Owner.

We, the undersigned, owners of the real estate shown and described herein do hereby certify that we have caused to be laid off, platted the subdivided, and to hereby lay off, plat and subdivide said real estate in accordance with the plat.

Date of Execution  _______________            Signed  __________________________

Name  ________________________            Address  __________________________

Source of Title:  D. R. _________________________  page _________.

Certificate of Recording.

This document, number _______________ filed for record ________________, 19 ____ in Plat 

Book  ________________ page __________________.

Signed _______________________________    Title  _____________________________

For Bill of Assurance see Deed Record Book __________________________ page _______.

Certificate of Surveying Accuracy.

I, ________________________, hereby certify that this plat correctly represents a survey and a plan made by me or under my supervision; that all monuments shown hereon actually exist and their location, size, type and material are correctly shown; and that all interior lot lines have been adjusted to "as built conditions" and are accurately described on the plat and identified on the ground in terms of length and direction of said property sides as required in accord with the Saline County Subdivision Regulation Ordinance.

Signed ________________________

Name, Registered Land Surveyor ________________________________

No. _______________, Arkansas

Certificate of Engineering Accuracy.

I, ________________________, hereby certify that this plat correctly represents a plan made by me, and that the engineering requirements of the Saline County Subdivision Rules and Regulations have been complied with.

Signed ________________________  Name, Registered Engineer ______________________

No.  ___________________, Arkansas

Certificate of Final Plat Approval.

Pursuant to the Saline County Subdivision Rules and Regulations, and all of the conditions of approval having been completed, this document is hereby Accepted. This certificate is hereby executed under the authority of said rules and regulations. 

Signed __________________________________

_________________________       _________________________

Date of Execution                              Chairman, Saline County

                                                         Planning Board

Certificate of Recording.

This document, number _____ is filed for record on this _____ day of ________, 19___ at ____ a.m./p.m. in Plat or Deed Book _____ page ______.

Circuit Clerk

For Bill of Assurance see Deed Record Book ___________page ___________.

Sec.  5.1.  Suitability of the Land

Land subject to flooding, improper drainage, and erosion, and land deemed to be topographically unsuitable for residential use shall not be platted for residential occupancy, nor shall such land be platted for any other uses as may continue such conditions or increase danger to health, safety, life or property unless approved steps are taken to diminish the above mentioned hazards.

Such land within a proposed subdivision not suitable to the development of the subdivision shall be set aside for uses as approved by the Planning Board.

5.2.  Access.

After the adoption of this regulation every subdivision may be served by a road or roads dedicated to the public if accepted by Saline County for maintenance.

Sec.  5.3.  Conformance to the Development Plan

All proposed subdivisions shall conform to the Development Plan in effect at the time of submission to the Board.

5.3.2.     All highways, roads and other features of the Master Road Plan shall be platted by the subdivider in the location and to the dimension indicated on the Master Road Plan when such features are within or bordering a proposed subdivision.

5.3.3.  Where community or public facilities of the County’s Development Plan are located in whole or in part in a proposed subdivision, the Board shall require the reservation of the area necessary to in part in a proposed subdivision, the Board shall require the reservation of the area necessary to accommodate such facilities. The public Board or body having jurisdiction or financial

responsibility for the acquisition of said reserved facility or facilities shall within four (4) months

following recording of the final plat execute a written option to acquire by purchase or file suit

for condemnation of said area reserved for such facility or facilities. Provided further, however, said option to acquire must be exercised and fully consummated with twelve (12) months following date of the recording of said final plat.

Sec.  5.4.  Zoning or Other Regulations

No Final Plat of land within the force and effect of an existing zoning ordinance shall be approved unless it conforms to such ordinance. Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in zoning regulations, building code, or other official regulations or ordinances the most restrictive shall apply.

5.5.  Road and Subdivision Names

See Bill of Assurance in Section 2, Definitions.

5.6.  Large Tracts or Parcels

When land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged and designed so as to allow for the opening of future roads and to provide access to those areas not presently served by roads

5.7.  Large Scale Developments

A large scale development including the construction of two (2) or more building together with the necessary drives and blocks, and roads, may be approved by the Board if, in the opinion of the Board, a departure from these rules and regulations can be made consistent with the intent of these rules and regulations. Plans for all such developments shall be submitted to and approved by the Board whether or not such plat is to be recorded and not property numbers or electrical service shall be issued until such approval has been given.

5.8.  Modifications.

Modification of the provisions set forth in these rules and regulations shall be authorized by the Board in specific cases when, in its opinion, undue hardships may result from strict compliance. Any determination shall be based fundamentally on the fact that unusual topographical and other exceptional conditions require such modification that will not adversely affect the general public or nullify the intent of these regulations.

Section 6.

 

Design Requirements

6.1.  Roads

The location and width of all highways, thoroughfares, roads and roads shall conform to the Master Road Plan.

The proposed road system shall extend existing roads or projections at the same or greater width, but in no case less than the required minimum width.

6.1.1.  Road Right-of-Way Widths:

All roads and roads shall conform to the right-of-way widths as specified by the Master Road Plan.

6.1.2.  Road Paving Widths and Types:

All roads and roads shall conform to the paving widths and type as specified by the Master Road Plan.

6.1.3.  Subdivisions that adjoin and gain access to existing roads by driveways shall dedicate additional right-of-way to meet the above minimum road width requirements from each side of the centerline.

6.1.4.  When the subdivision is located on only one side of an existing road, one-half (1/2) of the required right-of-way, in no case less than twenty-five (25) feet, measured from the centerline of the existing right-of-way shall be provided.

6.1.5.  When a subdivided tract fronts on roads other than minor roads or collector roads, the Board may require affected lots fronting on such major roads to be provided with frontage roads.

6.1.6.  Grades on minor roads and cul-de-sacs shall not exceed twelve (12) percent. Grades on all other roads shall not exceed standards of the Master Road Plan, or when no standards have been established seven (7) percent shall be the maximum grade permitted. Road grades along the gutter shall not be less than one-half (1/2) of one (1) percent provided adequate drainage can be obtained.

6.1.7.  Road intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle less than seventy-five (75) degrees. Detailed designs of intersections shall be required.

6.1.8.  Property line radius at road intersections shall not be less than twenty-five (25) feet and where the angle of a road intersection is less than ninety (90) degrees, the Board may require a greater radius.

6.1.9.  Curb line radius at road intersections shall be at least twenty-five (25) feet and where the angle of a road intersection is less than ninety (90) degrees, the Board may require a greater radius.

6.1.10.   Road jogs with centerline offsets of less than one-hundred and twenty-five (125) feet shall not be permitted.

6.1.11.  Cul-de-sac roads or courts designed to have one end permanently closed shall be no more than nine hundred (900) feet long. A cul-de-sac road shall have a turnaround right-of-way diameter of at least one hundred (100) feet.

6.1.12.  Alleys may be required at the rear of all lots to be used for business purposes, but shall not be provided in residential blocks except where the subdivider produces evidence satisfactory to the Board, of the need for alleys.

6.1.13.  Temporary cul de sacs at the end of through roads on muti-phase developments may be graveled until entire road is accepted by the Quorum Court.

6.2.  Blocks

Residential blocks shall not be more than thirteen hundred and twenty (1320) feet in length, except as the Board considers necessary to secure efficient use of land or to achieve desired features of the road system.

In blocks over one thousand (1000) feet long the Board may require the subdivider to dedicate and construct a public crosswalk across the block.

Residential blocks shall be wide enough to provide two (2) tiers of lots of at least minimum depth, except where fronting on Freeways, Expressways or Major Thoroughfares or prevented by topographical conditions or size of the property in which case the Board may approve a single tier of lots of at least minimum depth.

6.3.  Lots

In so far as practical, side lot lines shall be perpendicular or radial to road lines. Each lot shall abut upon a public road or road.

The size, shape and orientation of every lot shall be as the Board deems appropriate for the type of development and use contemplated. No lot shall be more than four (4) times as deep as it is wide nor shall any lot average less than one hundred (100) feet deep.

Every residential lot served by a public sewerage system shall not be less than six (60) feet wide at the building line or less than seven thousand five hundred (7500) square feet in area.

6.3.1.  For residential lots not served by a public community sanitary sewerage system, lot sizes shall be determined as follows:

A subdivider shall have a percolation test conducted on each proposed lot in a subdivision and indicate the location and result of each test on the preliminary plat; the dimensions and area of each lot shall be established to at least the size necessary to fulfill the requirements of the Health Department.

Building lines for residential lots shall be at least twenty-five (25) feet from each road property line. Corner lots shall be at least seventy-five (75) feet wide at the building line to allow for side road building lines. Building lines may be less than twenty-five (25) feet when the average slope of the first fifty (50) feet of the lot is greater than twenty (20) percent, if approved by the Board.

Lots, other than corner lots, fronting on two road, shall not be platted except under exceptional circumstances in which case building lines shall be established on both frontage, and the Board may require a planting screen reservation of at least ten (10) feet wide and across which there shall be no right of vehicular access provided along the line of lots abutting such traffic artery or other disadvantageous use.

6.3.2.  Size, shape, and arrangement of commercial and industrial lots, where platted, shall be subject to the approval of the Board; provided that approval is not granted under the provisions of Section 5.7 of these rules and regulations.

Building lines for commercial and industrial lots shall be at least forty (40) feet from each road property line or as required by the Planning Board.

6.4.  Easements

Basements not less than fifteen (15) feet wide may be required by the Board for drainage and utility lines.

Section 7. 

 

Improvements

7.1.  Required Improvements

Every subdivider shall be required to install, at his own expense, or to have installed by the appropriate public utility the following improvements.

7.1.1.  Road Grading

All roads shall be cleared and graded as approved by the County Engineer. Finished grades shall be at levels approved by the County Engineer or the appropriate agency.

7.1.2.  Road Paving

Road Paving widths shall be in conformance with standards set forth in the Master Road Plan.

Road pavements shall be installed according to the County specifications as adopted by the County.

7.1.3.  Curbs and Gutters

Curbs and gutters where required shall be installed on all roads. Installation shall be in accordance with County specifications as adopted by the County.

Where curbs and gutters are constructed the Bill of Assurance shall require that no obstruction be placed in the gutter and the curbs be broken at driveways and driveway grades lowered to meet the gutter line not more than two (2) inches above the gutter grade.

7.1.4.  Sidewalks

Sidewalks shall have a width of four (4) feet and shall be installed on one side of all roads for a distance of at least thirteen hundred and twenty (1320) feet on those roads which would provide direct access to a school site.

Sidewalks shall be constructed on both sides of Collector roads and Major thoroughfares and on the property line side of all frontage roads on Expressways and Freeways.

The Board may require additional sidewalks and wider sidewalks near commercial areas, schools, and other replaces of public assembly.

Sidewalks in residential areas shall abut property lines and shall conform to the specifications adopted by the County.

7.1.5.  Utility Line

(a)  Water Supply

Where a public water supply is within a reasonable distance, the subdivider shall install or have installed a system of water mains and connect to such supply. A connection to each lot shall be installed prior to the paving of the road.

(b)  Where a public water supply is not available, the subdivider shall furnish the Board Satisfactory evidence that a sufficient quantity of water of a quality approved by the State Board of health is available to each individual lot.

7.1.6.  Sanitary Sewage Disposal

(a)  Where a public sanitary sewer is within a reasonable distance of any point of a subdivision, the subdivider shall connect with such sewer and provide a connection to each lot.

(b)  Such sanitary sewerage system shall be installed prior to the installation of the road pavement.

(c)  Where a public sanitary sewer is not accessible, an alternate method of sewage disposal for each lot, or a community sewage disposal system may be used when in compliance with the standards of the Arkansas State Health Department and these regulations.

(d)  Where public sanitary sewer mains are to be available in a reasonable time the Board may require the sewer collection system to be installed and capped and an alternate method of sewage disposal for each lot.

(c)  In the preceding paragraphs of this Section 7.1.5, Utilities; the phrase "Every subdivider shall be required to install …" shall be interpreted to mean that the subdivider shall cause the improvements referred to herein to be installed, or whenever a septic take and absorption system or private water supply is to be provided, that the subdivider shall require, as a condition in the Bill of Assurance of the subdivision, that those facilities shall be installed by the builders of the improvements of the lots in accordance with these rules and regulations.

7.1.6.  Storm Drainage

(a)  Every subdivision shall be served by storm drainage facilities including drains, sewers, catch basins, culverts, and other facilities.

(b)  All drainage facilities shall be so designed to serve the entire drainage area. Drainage easements shall be shown on the plat.

(c)  All surface water drainage shall be transported to existing storm sewers or to drainage facilities approved by the County Engineer. Valley gutters shall no be permitted.

(d)  The County Engineer and Board shall approve all drainage features.

7.1.8.  Other Utilities.

Other utilities to be installed in a subdivision shall be located in accord with Article 2 of the Master Road Plan.

7.1.9.  Monuments.

Monuments shall be of concrete at least four (4) inches in diameter or square, three (3) feet long, with a flat top. Top of monument shall have an indented cross or metal pin to identify properly the location of the point and shall be set on all outside lines of the subdivision at angle points and points of curve.

All lot corners shall be marked with metal pins not less than one-half (1/2) inch in diameter and twenty-four (24) inches long and driven so as to be flush with the finished grade.

7.1.10.  Fire hydrants shall be identified and placed so that no lot in a residential subdivision is more than nine hundred (900) feet from a hydrant located on the same road providing mains are available. The Board may require other spacing in commercial or in industrial subdivision.

7.1.11.  Road name signs shall be placed by developer on diagonally opposite corners of each road intersection in conformance with specifications adopted by the County until the road is accepted by the Quorum Court. Regulatory signs shall also be placed where needed by the developer until the road is accepted by Quorum Court.

7.1.12.  Road lights may be required by the Board. They shall, however, be installed by the developer to specifications adopted by the County.

7.2.  The Board, upon request of the subdivider, may permit special exceptions to be made to the I improvements required by these rules and regulations when in the opinion of the Board, such exceptions are in keeping with the intent of these rules and regulations, and when exceptions will provide for a conformance with the general neighborhood of the proposed subdivision. The subdivider may be required to furnish special information in order to aid the Board in its determination.

7.2.1.  These special exceptions shall be permitted only if the following conditions are met:

Each lot in the subdivision is larger than twenty thousand (20,000) square feet, and

Each lot in the subdivision is at least ninety (90) feet wide at the building line, and 

Existing platting in the neighborhood of the proposed subdivision generally meets the requirement of the conditions set forth for square footage and width stated above.

7.3.  Recommended Improvements

Road trees that may be planted or retained shall be placed or retained so as not to obstruct sight distances.

Section 8.

 

 Fees

At the time of filing an application with the County Planning Board requesting consideration of a subdivision plat, the subdivider shall pay to the Saline County Planning Board, fees according to the subdivision fee regulation in effect.

These rules and regulations shall be administered by the County Planning Board and the Staff.

The Board may from time to time issue instruction and operating procedures to be followed in the administration of these regulations to the end that the public may be informed and that approval of plats be expedited.

9.1.  Assurance For Completion of Improvements

Upon final approval of engineering construction plans for required improvements, the subdivider shall enter into an agreement with Saline County that the subdivider will install or ensure the completion of the improvements. The Saline County Planning Board will execute the Certificate of Final Plat Approval subject to the completion of required improvements or an acceptable assurance of installation of improvements.

One of the following methods will be utilized by the subdivider to assure that improvements required by these regulations have been, can, or will be installed within the specified time and in accordance with the approved plans and specifications.

9.1.1.  Certificate of completion of improvements

The subdivider shall submit for approval to the Saline County Judge a certificate stating that all improvements and installations to the subdivision required for its approval under the terms of this regulation have been made added or installed.

9.1.2.  Letter of compliance or noncompliance

The County Judge shall, upon receipt of the certificate of completion of improvements, have the County Road and Bridge Department ( or a professional registered engineer) inspect the improvements and issue a letter of compliance or noncompliance. If the inspection finds defects or deficiencies so stated in the letter, the subdivider shall bear the expense of correcting the defects or deficiencies within six (6) months of the date of the notification. After corrections, the notification and inspections are repeated until satisfactory completion has been achieved. Then the letter of compliance may be issued to the subdivider by the County Judge.

9.2.  Certificate of deposit or irrevocable bank letter of credit

The subdivider may provide a certificate of deposit or irrevocable bank letter of credit for the full amount estimated to complete the improvements. These instruments represent security in case of performance default by the subdivider. Any interest accruing prior to acceptance of the improvements by the County shall remain with the instrument until acceptance has occurred. The instruments provided herein shall be drawn on a financial institution insured by the Federal Deposit Insurance Corporation and licensed to do business in Arkansas.

9.3.  Irrevocable letter of credit

The subdivider shall to provide an irrevocable letter of credit to the County pursuant to the following conditions:

(a)  The irrevocable letter of credit will be for an amount equal to the total estimated cost of the improvements as agreed upon by the subdivider’s engineer of record, the engineer representing the County Road and Bridge Department, and the agreed upon amount shall be approved by the Saline County Judge.

(b)  The letter of credit will be irrevocable in accordance with Arkansas Code Annotated Section 4-5-101 et Seq. (1987) as amended and will list Saline County, Arkansas, as the beneficiary of the irrevocable letter of credit.

(c)  The letter of credit will be in a form approved by the County’s Attorney.

(d)  In the event the subdivider is in default, the County shall be entitled to payment upon making demand for payment under the terms of the credit; further, the County shall be entitled to use all of the monies secured by the letter of credit to assure the cost of completion of the work in the subdivision as determined by the engineer representing the County Road and Bridge Department.

(e)  The subdividers will not be entitled to any excess monies until the work in the subdivision has been completed.

(f)  The terms of the letter of credit shall be limited to the time estimate offered by the subdivider’s engineer of record and agreed upon by the engineer representing the County Road and Bridge Department. During the estimated time, monthly status reports shall be made to the Saline County Judge by the subdivider’s engineer of record.

9.4.  Time Extensions

In those instances where sufficient cause is established by the subdivider which may justify an extension of time, the subdivider may formally apply for an extension which shall only be granted by the planning board. An application for an extension of time must be made by the subdivider prior to default.

9.5.  Inspection of Improvements.

(a)  All subdivision improvement projects shall be constructed according to the approved plans and specifications of a registered professional engineer. When the improvements required by this regulation have been completed and installed, the registered professional engineer shall submit a letter to the County Road and Bridge Department certifying improvements and installations have been made in accordance with approved construction plans, specifications, drawings and the standards established by the county, and are functioning properly. Additional inspections shall be made in accordance with other applicable ordinances.

(b)  The County Road and Bridge Department shall then inspect those facilities improvements and installations for conformance with plans and specifications. If such final inspection reveals that there are any defects or deficiencies in such improvements as installed or that the improvements differ from the final engineering plans and specifications, the engineer representing the County Road and Bridge Department shall notify the subdivision engineer and contractor in writing of such defects, deficiencies or deviations. When such defects, deficiencies or deviations have been corrected, the subdivider shall notify the County Road and Bridge Department in writing that the improvements are again ready for final inspection.

(a)  A maintenance CD or irrevocable letter of credit shall be furnished by the contractors to cover all construction and improvements under the jurisdiction of review and approval of the engineer representing the County Road and bridge Department. All other public utilities installed in a development shall be subject to the administrative review and bonding procedures as set out by the respective public utilities and shall not be subject to the provisions of this section.

(b)  Contractors shall furnish a maintenance CD or irrevocable letter of credit to the engineer representing the County Road and Bridge Department covering any defects in material and workmanship for the required improvements installed by the contractor in the amount of the total cost of those improvements. The CD or irrevocable letter of credit shall be in full force and effect for not less than one (1) year from the date of the letter from the engineer representing the County Road and Bridge Department certifying that all improvements have been completed and approved, and further stating that any and all defects in materials and workmanship shall be corrected by the contractor by the end of the CD or irrevocable letter of credit period. Work performed under the terms of the maintenance CD or irrevocable letter of credit shall require approval by the engineer representing the County Road and Bridge Department.

Section 11.

(a)  All public dedications of roads and public facility sites may be accepted by the Saline County Quorum Court following execution of satisfactory guarantees for completion as described in Section 9.1. This acceptance may be accomplished in conjuction with final plat approval.

(b)  Approval of final plats by the planning board and filing of the plat of record with the circuit 

clerk and recorder of the county shall not constitute formal acceptance by the County of all

approved public improvements covered by the plat. Those improvements not completed as 

of the date of approval of the final plat shall be accepted as public facilities when the 

engineer representing the Road and Bridge Department certifies that the construction has 

been approved, maintenance CD or irrevocable letter of credit furnished, and the plat filed 

of record.

(c)  The final plat can be recorded only after the plat has received a certificate of final approval from the planning board. Submittal of five (5) copies and one (1) original for recordation to the circuit clerk shall be the subdivider’s responsibility. The subdivider shall provide both the Road and Bridge Department and the planning board with copies of the recorded plat to be retained in their files. Final plats shall be duly recorded within six (6) months of final plat approval or the plat shall be declared null and void.

(d)  No property number may be issued by the Saline County office of emergency services for 

a proposed structure requiring a number unless the applicant shows proof that the lot is on a 

recorded plat or parcel. By ordinance, no new utility services may be extended in Saline 

County without proper proof issued by the Office of Emergency Management.