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Arkansas Code Title 14. Local Government § 14-56-417. Land development regulations--Authorization

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1) Following adoption and filing of a master street plan, the planning commission may prepare and shall administer, after approval of the legislative body, regulations controlling the development of land.

(2) The development of land includes, but is not limited to:

(A) The provision of access to lots and parcels;

(B) The extension or provision of utilities;

(C) The subdividing of land into lots and blocks; and

(D) The parceling of land resulting in the need for access and utilities.

(b)(1) The regulations controlling the development of land may establish or provide for the minimum requirements as to:

(A) Information to be included on the plat filed for record;

(B) The design and layout of the subdivision, including standards for lots and blocks, street rights-of-way, street and utility grades, consideration of school district boundaries, and other similar items; and

(C) The standards for improvements to be installed by the developer at his or her own expense such as:

(i) Street grading and paving;

(ii) Curbs, gutters, and sidewalks;

(iii) Water, storm, and sewer mains;

(iv) Street lighting; and

(v) Other amenities.

(2)(A) The regulations may permit the developer to post a performance bond in lieu of actual installation of required improvements before plat approval.

(B) They may provide for the dedication of all rights-of-way to the public.

(3)(A) The regulations may govern lot or parcel splits, which is the dividing of an existing lot or parcel into two (2) or more lots or parcels.

(B) A deed or other instrument of transfer shall not be presented for recording to the county recorder unless the deed or other instrument of transfer is to a lot or parcel platted and on file or accompanied with a plat approved by the planning commission.

(4) The regulations shall establish the procedure to be followed to secure plat approval by the commission.

(5)(A) The regulations shall require the developer to conform to the plan currently in effect.

(B)(i) The regulations may require the reservation for future public acquisition of land for community or public facilities indicated in the plan.

(ii) This reservation may extend over a period of not more than one (1) year from the time the public body responsible for the acquisition of reserved land is notified of the developer's intent.

(6) When a proposed subdivision does not provide areas for a community or public facility based on the plans in effect, the regulations may provide for reasonable dedication of land for such public or community facilities or for a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition of facilities that serve the subdivision.

(c) A plat within the area within which the municipality intends to exercise its territorial jurisdiction as indicated on the planning area map shall not be presented for recording without the approval of the planning commission, if a planning commission exists.

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Cite this article: FindLaw.com - Arkansas Code Title 14. Local Government § 14-56-417. Land development regulations--Authorization - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-14-local-government/ar-code-sect-14-56-417/

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