ORDINANCE NO. 99-9
BE IT ENACTED BY THE QUORUM COURT OF THE COUNTY OF WHITE, STATE
OF
ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO ESTABLISH
MINIMUM STANDARDS FOR PRIVATELY DEVELOPED ROADS PRIOR TO
ACCEPTANCE BY WHITE COUNTY FOR SUBSEQUENT MAINTENANCE AND FOR
OTHER PURPOSES.
WHEREAS, it is the desire of
the Quorum Court of White County, Arkansas, to take all legislative
actions feasible to help protect the health, safety, and welfare of the citizens of White
County and
WHEREAS, it is beneficial to provide uniform
guidelines to the developers of subdivisions in
White County so that said developers or sub-dividers may be aware of minimum road
specifications
necessary for the acceptance of privately developed roads into the White County road
system; therefore
ARTICLE I. From and after the passage of
this ordinance any road developed by a developer or
sub-divider in anticipation of eventual acceptance of such road or roads by White County
for inclusion
into the county road system will be required to meet the following minimum standards:
A. A sixty (60)
foot right-of-way, calculated from the center of the road bed, will
be required;
however, any such roads existing or under construction as of the
effective date of this
ordinance may be acceptable with a fifty (50) foot right-of-way.
B. The road bed
surface will be a minimum of twenty-four (24) feet wide.
C. A minimum of
six (6) inches ofSB-2 gravel will be required upon the road bed.
D. Any drainage across
the road right-of-way will be by tile of such dimensions as
deemed necessary
by the county road department for the terrain peculiar to the
particular road and
contiguous area.
E. Sloped drainage
ditches are required for each side of the road bed and are to be
contoured to facilitate
the flow of surface water resulting from rains. These
ditches will be
18" deep as measured from the center of the road bed.
F. Twenty (20)
feet of double seal or the equivalent will be required with at
least two (2) feet
of shoulder on each side of the road.
G. Any cul-de-sac
street will be required to have a turn-around at the dead end
which is a minimum
of 80 feet in diameter.
H. Utility service
lines and water service lines located on one side of a road must
also be laid under
the road bed to the opposite side in order to provide potential
service at some future
date, if necessary .
ARTICLE II. Section A. Any acceptance of privately developed roads by
White County
shall remain as a permissive action with the decision residing with the White County
Quorum
Court. The acceptance of a privately developed road by White County commits the county
to extending its maintenance capability thereto in the same degree as to existing county
roads,
subject to the availability of funds.
Section B. Privately developed roads, to be accepted into the county system, require:
(I) All standards in Article I must be met and verified by the County Road Department.
Said verification will be by on-site inspection as scheduled by the Department.
(2) One (1) year must lapse between initial verification of the
standards and any consideration
by the Quorum Court for acceptance of the private road, and a second verification of the
standards in Article I is required to insure that said standards are still in effect.
(3) Each developer must submit a Bill of Assurance or subdivision plat or dedication deed
which
precisely and legally describes the road or roads under consideration, including the exact
width
and length of the dedicated public road or roads.
ARTICLE III. Certain words in this ordinance are defined for the purpose
hereof as follows:
a) Bill of Assurance -a statement signed by the owner before a notary public setting
out the following:
(I) that he is the
owner of the land described (followed by legal description of the land) with
the record book and
page number when originally purchased.
(2) that he has
ordered the land surveyed and divided into lots.
(3) that he
adopted a specified name for the subdivision after submittal to and approval of the
subdivision name by the
Assessor's Office of White County.
(4) that all
street names for any new streets have been submitted to and approved by the
White County Office of
9-1-1 Emergency Services.
(5) that all
streets, alleys, and easements are to be dedicated for public use.
(b) 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 White County for maintenance.
( c) Cul-de-sac - a short street having one end open to traffic and being permanently
terminated within
the subdivision by vehicular turn-around.
( d) Sub-divider - any person, individual, firm, partnership, association, corporation,
estate, 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 such includes any agent of the sub-divider. The term
"developer" as
may be used in this ordinance means "sub-divider" as defined.
(e) Subdivision - any division of a lot, tract or parcel of land either by platting or by
metes and bounds
into two or more lots or parcels for the purpose of transfer of ownership, including the
combination
of two 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, provided however, that any division of
land for
agricultural purposes into lots or parcels of five acres or more shall not be deemed
a subdivision unless
street dedication or the installation of utilities are involved.
ARTICLE IV. White County Ordinance No.91-15 is hereby repealed.
ADOPTED THIS 18 DAY OF MAY 1999.
APPROVED: Bob Parish
DATED: 5-19-99
ATTEST:
Doug Faith
COUNTY CLERK
Sponsored by Justices George "Bud" Osborn, Clark Evans, and Vernon Shourd