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PROPOSED ORDINANCE 07-15

Road Construction Requirements

Be it enacted by the Quorum Court of the County of Faulkner, State of Arkansas.

An Ordinance to be entitled:

An Ordinance establishing road construction requirements for dedication and requirements for dedication and requiring the construction of improvements; establishing a permit fee and for other purposes

WHEREAS, Ark. Code Ann. 27-66-207 provides that the county judge, in his discretion, may designate as a county road any street or road dedicated to the public as a public thoroughfare, provided that a bill of assurance making the dedication is properly recorded.

Article 1. Increasing development has occurred throughout several locations in the unincorporated parts of Faulkner County.

Article 2. Residential and commercial development has led to the construction of various street improvements, which are later dedicated to the public.

Article 3. Land development in the county frequently requires right-of-way dedications and the construction of public roads.

Article 4. Road construction or reconstruction includes street widening, street alignment, and realignment drainage structures and piping, excavation cuts or fill sections, extensive drain structures and similar development that result in permanent construction.

Article 5. Purchasers of property in subdivisions within unincorporated areas of Faulkner County have a reasonable expectation that the roads within the subdivision meet the specifications for inclusion into the county road system and that such roads have been approved by the County Judge of Faulkner County for subsequent maintenance as county roads;

NOW THEREFORE BE IT ORDAINED BY THE QUORUM COURT OF FAULKNER COUNTY, ARKANSAS:

Section 1: No person or entity shall construct, reconstruct, alter, remove, or replace any portion of a road, curb, gutter, drainage structure, or driveway abutting a dedicated street within the County with out first having obtained a permit from the Faulkner County Judge.

Section 2: All construction, reconstruction, alterations, removal or replacement required by this ordinance shall conform to the approved standards of the Faulkner County road ordinances.

Section 3: Any person or entity subdividing land are required to file a subdivision plat with the County Judge, and shall indicate the right-of-way to be dedicated to the public as well as the location of water lines, and fire hydrants. The plat for the said subdivision shall be approved by the County Judge before the constructions of roads are implemented.

Section 4: The County Judge shall issue a permit upon proper submission for the construction or reconstruction of roads pursuant to this ordinance and upon payment of a one hundred dollar ($100.00) permit fee (payable to Faulkner County Road Department) which shall be used toward the cost of administering this Ordinance

Section 5: An emergency is hereby declared to exist as this Ordinance is necessary for the proper and timely conduct of county operations and this Ordinance shall be in force and take effect upon passage and publication.

Dated: May 15, 2007 Dated: May 15, 2007

Jeff Johnston, Preston Scroggin
Quorum Court Secretariat,  Faulkner County Judge