09 STREETS AND SIDEWALKS (2) 5-29
TITLE 9
STREETS AND SIDEWALKS
Chapters:
9.04 Streets, Alleys, Gutters or Ditches
9.08 Excavations and Alterations
9.12 Minimum Drainage Standards
9.16 Street Cuts
9.20 Relocation of Utilities
9.24 Closings
9.28 Bridge Standards
9.32 Master Street Plan
9.36 Control of Access to Streets and Highways
9.40 Sidewalk Construction and Maintenance Fund
9.44 Sidewalk Construction
CHAPTER 9.04
STREETS, ALLEYS, GUTTERS OR DITCHES
Sections:
9.04.01 Streets and alleys
9.04.02 Gutters and ditches
9.04.03 Penalty
9.04.01 Streets and alleys It shall be the duty of every owner or occupant of any lot or
premises in this city along which any street,utility easement or alley runs,to keep said street or
alley from the middle line thereof to the side next to them including utility easements thereto,
free from all manner and kind of filth, garbage,trash, debris or decaying animal and vegetable
substance of every kind. (Ord.No. 2009-14, Sec. 1.)
9.04.02 Gutters and ditches No person shall allow any dirt, filth or obstruction of any kind
to accumulate in the gutter or ditch in front of or adjacent to their premises, and all owners or
occupants of property are required to keep the gutter or ditch in front of their premises clean,
open and free from trash,brush,weeds and all obstructions to the easy and rapid flow of water.
No person shall dump, or place dirt,trash,brush or yard waste in any ditch or storm drain. No
person shall obstruct drainage ditches, drainage easements or storm drains. (Ord.No. 2009-14,
Sec. 1.
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9.04.03 Penalty In addition to any other enforcement provisions provided in the Van
Buren Municipal Code relative to enforcement of this section, any person or entity violating any
provision of this section is guilty of an infraction, and upon conviction therefore, shall be subject
to a fine or penalty of not less than Fifty Dollars ($50.00)nor more than Five Hundred Dollars
($500.00). (Ord.No. 2009-14, Sec. 1.)
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Q CHAPTER 9.08
EXCAVATIONS AND ALTERATIONS
Sections:
9.08.01 Excavations-permit
9.08.02 Application for permit- deposit
9.08.03 Excavations to be restored
9.08.01 Excavations-permit.No person, firm or corporation shall out into,tunnel under, or
in any manner disturb the surface of any street, alley or sidewalk in the city without first
applying for and obtaining from the Clerk/Treasurer a written permit to do so,which shall be
dated, and shall give the name and address of the person to whom the permit is granted, and the
location of the place where the street, alley.or sidewalk is to be cut into, tunneled under, and the
purpose for which said permit is granted.
9.08.02 Application for permit-deposit.Any person,film or corporation applying for said
permit shall estimate in writing the number of square feet to be cut or tunneled.Before such
permit is granted the applicant shall deposit with the Clerk/Treasurer for the purpose of insuring
that the street is properly restored the sum of Five ($5.00) Dollars per square foot for cutting
O concrete or other bituminous surface and Two ($2.00)Dollars per square foot for cutting into
gravel surface;provided the minimum deposit shall be Twenty-five ($25.00)Dollars irrespective
of the estimate.
9.08.03 Excavations to be restored.All excavations made are to be restored to their original
condition to the satisfaction of the mayor or his appointee before the deposit shall be returned.
CHAPTER 9.12
AIENIMUM DRAINAGE STANDARDS
Sections:
9.12.01 Adopted
9.12.02 Defined
9.12.01 Adopted. The Minimum Drainage Standards for the city of Van Buren,Arkansas,
(May, 1980) and the whole thereof, of which not less than three (3) copies have been and are
now filed in the office of the City Clerk of the city of Van Buren,Arkansas, and the same are
hereby adopted and incorporated as fully as if set forth at length herein and from the date on
which this ordinance shall take effect,the provisions therein shall be controlling. (Ord.No. 40-
1980, Sec. 1)
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O9.12.02 Defined. These standards are the Storm Drainage Standards that are stated in
Ordinance No. 8-1963 as amended (Sub-division Regulation) Section IV C. (Ord. No. 40-1980,
Sec. 2)
CHAPTER 9.16
STREET CUTS
Sections:
9.16.01 Written permit
9.16.02 Fee
9.16.03 Supervision
9.16.04 Application
9.16.05 City Representative
9.16.06 Street crossings
9.16.07 Appeals
9.16.08 Penalties
O 9.16.01 Written pen-nit It shall be unlawful for any person, corporation,utility company,
or contractor,to make or cause to be made any excavation in,bore under or obstruction of any
street, alley,right-of-way, or easement of this city without first having obtained a written permit
from the Mayor's authorized representative,hereinafter called the City Representative. (Ord.
No. 19-02, Sec. 1.)
9.16.02 Fee A fee of$50.00 or as altered by the City Council of the city of Van Buren,
Arkansas, from time to time shall be paid at the time of application for a permit under the
provisions of this section except that the fee may be waived for permits for work being
accomplished by the Departments of the city of Van Buren or their agents or their contractors but
the requirement for the securing of a permit shall not be waived. Such sum shall be paid into the
general fund of the city. There shall be no fee required for individual property owners to repair,
replace or maintain their existing driveway or culvert in residential zones (R-1,R 2,R-3.) (Ord.
No. 19-02, Sec. 2.)
9.16.03 Supervision Any activity undertaken in accordance with this ordinance shall be
under the supervision of the City Representative. (Ord.No. 19-02, Sec. 3.)
9.16.04 Application
A. Before a permit required by subsection(1) shall be issued, the applicant or his
duly authorized agent shall submit three copies of a written permit application to
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othe City Representative. The application shall contain plans, specifications and
descriptions necessary to show the location, design and layout of the proposed
improvement and its relation to the city's streets, alleys,rights-of-way and
easements,plans for traffic control and a statement that appropriate agencies will
be notified of the time constructiofi will occur, and plans for the restoration and/or
repair of the property.
B. All persons,public or private.corporations,utility companies, contractors and
others seeking a permit shall be required to post a surety bond or provide evidence
that such bond is in force to insure that the requirements of this ordinance are met.
The minimum surety bond shall be equal to the estimated cost of restoration
and/or repair of the property to its condition prior to the improvement or$500.00
whichever is greater. The bond may be waived for work being accomplished by
the departments of the city or their agents or their contractors. These shall be no
bond required for individual property owners to repair,replace or maintain their
existing driveway or culvert in residential zones (R-1,R-2,R-3.)
C. When such written application and plans conforming to such section 9.16.04(A)
and the other provisions of this section have been duly submitted, and the fee
hereinafter required is paid,the City Representative shall approve or reject said
improvement within fifteen calendar days following submission to him. In the
(� event of rejection,the City Representative shall specify the reasons therefore and
�J shall permit the applicant the opportunity to cure said objections. One(1) copy of
the approved application shall be on file in the Van Buren City Clerk's office with
the surety bond.
D. In determining whether to accept or reject such application,the City
Representative shall take into consideration the location of existing public utilities
and plans for any future location or relocation of public utilities or other usage by
the city. (Ord.No. 19-02, Sec. 4.)
9.16.05 City Representative
A. The City Representative may order removal and/or replacement of any work
and/or materials found to be in non-compliance with the permit or provisions of
this section, and may order completion of permitted work within a specified time.
B. The City Representative may order the permittee to suspend work on any job
whenever he shall deem such suspension to be necessary to ensure good work or
when the public interest otherwise requires such suspension.
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C. The City Representative is authorized to give all notices and instructions with
O reference to the work either to the permittee, any agent of the permittee, or to any
person in charge of the permitted job.
D. After all work is completed,the permittee shall remove all rubbish,waste and
excess materials from the construction area and restore the area to its previous
condition or as approved in the permit.
E. All improvements shall comply with applicable laws,rules and regulations.
F. If any person,public or private corporation,utility company, contractor or other
does faulty work in the restoration and/or repair of the property to its condition
prior to the improvement or as agreed upon, or otherwise violates the provisions
and requirements of this ordinance,the city shall reserve the right to refuse to
allow said person,public or private corporation,utility company, contractor or
other to do any further work in the streets,rights-of-way or easements of the city.
G. Upon completion and clean-up of the permit site,the permittee shall notify the
City Representative of completion and readiness for final inspection.
H. If during the final inspection,the City Representative determines that work and/or
material at the permit site is found to be in non-compliance with the permit or
provisions of this section then the City Representative shall notify the permittee in
writing of any remedial actions required. If the permittee fails to correct the non-
compliant work within 30 days of notice from the City Representative, than the
City Representative shall have the non-compliant work repaired at the permittee's
expense and shall pursue penalties in accordance with the requirements of this
ordinance. (Ord.No. 19-02, Sec. 5.)
9.16.06 Street crossings
A. Crossing of existing streets by open cut methods is not permitted except under
certain conditions when approved by the City Representative. Conditions where
open cuts of the pavement may be permitted are:
1. When longitudinal utility lines are located under the pavement; or
2. When it is determined by the City Representative that boring is not
possible.
B. All boring under city streets shall be located at least thirty six inches (36") below
the pavement surface or thirty six(36")below the bottom of roadside drainage
ditches,whichever is a greater depth.
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C. All open cuts of city streets or pavement deformed or damaged by boring shall be
repaired in compliance with the approved permit and the"Street Cut and Repair
Standards"of the Van Buren Street Department. (Ord.No. 19-02, Sec. 6.)
9.16.07 Appeals Any applicant for a permit may appeal any decision of the City
Representative to the City Planning Commission by filing a written notice of such intention to
appeal with the Chairman of the Planning Commission within ten(10) calendar days following
the decision to be appealed. If the Planning Commission upholds the rejection and/or conditions
or imposes conditions,which are not acceptable to the applicant, the applicant shall have the
right to appeal to the City Council,whose decision shall be final. (Ord. No. 19-02, Sec. 7.)
9.16.08 Penalties Violation of any of the provisions or regulations of this ordinance shall
be punishable as a misdemeanor with a fine of up to $250.00. Each day that said violation
continues shall be a separate offense and each day subsequent to the first day of the violation
shall be punishable by a fine of up to $250.00 per day. (Ord.No. 19-02, Sec. 8.)
CHAPTER 9.20
RELOCATIONS OF UTILITIES
Sections:
9.20.01 Guidelines
9.20.02 - Notice
9.20.03 Improvements
9.20.04 Penalty
9.20.01 Guidelines That whenever public works or improvements by the city of Van
Buren,Arkansas, shall require the relocation of utility lines and fixtures located in the street
right-of-way,that
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the city shall give the affected utility companies notice,in writing,to relocate said utility Pules
and fixtures, either off the required street surface area or onto a designated utility easement, at
the utility company's expense.
That where work is being undertaken under a resolution or ordinance, designating the
Urban Renewal agency as the body authorized to carry out street or site work in a city right-of-
way under Title 1 of the Housing Act of 1949, as amended,the Urban Renewal Agency of the
city of Van Buren,Arkansas,will pay for relocation of utilities,including preliminary
engineering,less any depreciation allowed under the uniform systems of accounting prescribed
for a particular utility by the appropriate federal regulatory agency. Where appropriate, an
allowance will be made by the utility,to the city or agency,for any betterment to the utility's-
plant, and provided,the utility will absorb the cost of relocation of its facility under the following
guidelines and conditions:
A. The main or line is programmed or determined that it should be programmed for
replacement.
B. The main or line is programmed or determined that it should be programmed for
upgrading.
C. The pipeline or main,or other underground utility,is exposed due to natural
v erosion in any area other than cross drainage ditches or swales. The utility
company will absorb the cost of relocating and lowering the pipeline or main a
length necessary to obtain normal cover prior to specifications of proposed
changes in grade. Said length necessary to obtain normal cover shall be
ascertained and agreed to by the agency's engineer and a company engineer.
D. Meter settings are not on private property and it is determined they should be
relocated. Exception-if street right-of-way is expanded through acquisition or
dedication after original installation of meter setting.
That the agency may contract with any utility company within the framework of
the above guidelines and conditions. (Ord.No. 5-75, Sec. 1.)
9.20.02 Notice The city or its agency shall give,to the affected utility, a preliminary
notice of its intention to require relocation of that utility's facilities which notice shall describe,
as completely as known to date,the area to be affected. The planners and engineers for the city
or its agency shall from time to time confer and cooperate with the utility's personnel with regard
to the plans and specifications for the project. The city or its agency shall give,not less than
sixty(60) days after the preliminary notice, a commencement notice to the affected utility,which
commencement notice shall be attached to a final and complete copy of the plans for the project.
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The.affected utility shall commence the actual relocation of its utility lines and fixtures within
thirty(30) days of receipt of the commencement notice and final plans, except where, for good
cause,the utility is unable to commence relocation within the specified period. It shall be the
duty of the affected utility to notify the city, in writing, at the earliest possible time, of the cause
of the postponement and its expected duration. (Ord.No. 5-75, Sec. II.)
9.20.03 Improvements The utility company shall cooperate with the city or its agency and
their contractors in making the said improvements so as not to cause unnecessary delay in the
work being done to improve the street or other public work. All utility relocations shall comply
with applicable state and local codes and standards. (Ord.No. 5-75, Sec. III.)
9.20.04 Penalty Any person,firm or corporation intentionally violating the provisions of
this ordinance will be guilty of a misdemeanor and subject to fine of not more than Twenty-Five
Dollars($25.00)provided,however,that each day a violation of this ordinance continues will
constitute a separate offense for which a maximum fine for which will be Twenty-Five Dollars
($25.00)per day for the second and subsequent days of violation. (Ord.No. 5-75, Sec.VII.)
CHAPTER 9.24
CLOSINGS
Sections:
9.24.01 Authority
9.24.02 Markings
9.24.03 Penalty for removal
9.24.01 Authority The Mayor and/or the Street Department foremen shall have full
authority to close any city street to traffic, during such time as the Mayor and/or Street
Department Foremen deem it necessary,while work is being done by the city by its own Street
Department or by contract, or while it is necessary for the protection of the road. (Ord.No. 7-68,
Sec. I.)
9.24.02 Markings That during the time the road is closed,the Mayor and/or Street
Department,shall authorize the placing of suitable barricades and signs at each end of the portion
of the road that is closed. (Ord.No. 7-68, Sec. II.)
9.24.03 Penalty for removal That any person who shall remove said barricades or who
shall use or attempt to use section of said street thus closed to traffic shall be deemed guilty of a
misdemeanor and on conviction thereof shall be fined not less than Twenty-Five Dollars
($25.00)nor more than One Hundred Dollars ($100.00) and shall be liable to the city for any
damage done. (Ord.No. 7-68, Sec. III.)
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CHAPTER 9.28
BRIDGE STANDARDS
Sections:
9.28.01 Adopted
9.28.01 Adopted That the following 'Bridge Standards" are hereby adopted:
BRIDGE STANDARDS
CITY OF VAN BUREN,ARKANSAS
Bridges,defined as drainage structures which have a span of more than twenty(20) feet,to
be constructed in the city of Van Buren on public thoroughfares and right-of-ways shall adhere
to the following minimum standards:
A. Bridges shall be designed for a minimum loading of H-20 as defined by the
American Association of State Highway and Transportation Officials(AASHTO).
B. Bridges shall be constructed of reinforced concrete, steel or a combination
thereof.
C. Materials and construction methods shall conform to the latest edition of the
Standard Specifications for Highway Construction of the Arkansas State Highway
and Transportation Department.
D. Bridge width shall be not less than twenty-six(26)feet and shall not be less than
the width of the approach pavement plus six(6)feet. (Ord.No. 13-1990, Sec. 1)
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o CHAPTER 9.32
MASTER STREET PLAN
Sections:
9.32.01 Adopted
9.32.02 Filed
9.32.03 Amended
9.32.04 Amendments
9.32.01 Adopted The new 2009 Master Street Plan, as recommended by the Planning
Commission, a copy of which is attached hereto, is hereby adopted as the official Master Street
Plan for the city of Van Buren. (Ord. No. 2009-31, Sec. 1.)
9.32.02 Filed The passage, approval, and adoption of this new street plan is made in
accordance with A.C.A. 14-56-422(5), and shall be filed in the office of the City Clerk, who
shall also file, with the County Recorder for Crawford County, a copy hereof. (Ord. No. 2009-
31, Sec. 2.)
9.32.03 Amended/Filed The passage, approval, and adoption of the amended Master
Street Plan made in accordance with A.C.A. § 14-56-422 (5), and shall be filed in the office of
the City Clerk; who shall also file with the County Recorder for Crawford County, a copy hereof.
(Ord. No. 2020-15, Sec. 2)
9.32.04 Amendments
Ord. No. 2020-15 Legacy Blvd. extension to Northridge Drive East (Sec. 1)
Ord. No. 2020-24
Para rg aph 1.1 (Scope) of Section 1 (Scope and Definitions) is amended to read as
follows:
No public street shall be constructed, altered, or reconstructed within a subdivision
planned development, or within a public right-of-way or easement, or within a
subdivision or planned development within the planning jurisdiction of the City of Van
Buren, without first obtaining approval of the City of Van Buren, and all such
construction shall meet the requirements of the following minimum standards and the
Public Works Standard Specifications and the Standard Drawings for Public Works
Construction. (Ord. 2020-24, Sec. 1)
Paragraph 3.5 (Specifications) of Section 3 (Design Plan and Plan Submission) is
amended to read as follows:
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Plans shall comply with these minimum standards, the Public Works Standard
Specifications, and the Standard Drawings for Public Works Construction.
Technical specifications shall include material requirements and methods of construction.
Specifications shall include quality control requirements sampling and testing procedures
and frequency as delineated in other sections of these standards. (Ord. 2020-24,Sec. 2)
The first sentence of Paragraph 5.3 (Cross Section) of Section 5 (Geometric Design) is
amended to read as follows:
Pavement cross section shall conform to the details included in these standards in
Appendix A. (Ord. 2020-24, Sec. 3)
Appendix C (Standard Details for Street Construction) is amended to read as follows:
The standard details for all street construction shall follow these standards, the March
2014 version of the Standard Drawings for Public Works Construction and the January
2018 Public Works Standard Specifications. (Ord. 2020-24, Sec. 4)
CHAPTER 9.36
(� CONTROL OF ACCESS TO STREETS AND HIGHWAYS
Sections:
9.36.01 Authority
9.36.02 Purpose
9.36.03 Commercial and industrial access
9.36.04 Review of requests for access
9.36.05 Authority of Planning Commission to request additional information
9.36.06 Hardship
9.36.07 Driveway construction specifications
9.36.08 Residential sites and subdivisions access
9.36.01 Authority This ordinance is adopted under the authority of A.C.A. Section 14-56-
401 and following, and A.C.A. Section 14-56-419, and shall be known as the Van Buren
Control of Access Ordinance. (Ord. No. 23-96, Sec. 1.)
9.36.02 Purpose To provide for a safe and convenient means of vehicular ingress or
egress, for commercial and industrial zones and uses, between a parcel or parcels of land and a
public right-of-way whether or not the public right-of-way is a city street, a state highway, or
U.S. Highway. (Ord. No. 23-96, Sec. 2)
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A. Access Access to lots or businesses within proposed commercial or industrial
subdivisions or sites shall be provided according to the following standards:
B. Commercial sites and subdivision Commercial subdivision: commercial
subdivisions or sites shall be designed to provide access to individual lots or
businesses within-the subdivision or site through the provision of a driveway(s)
from the adjacent street or highway. Commercial subdivisions or sites on state or
U.S.Highways shall have driveway(s) designed in accordance with the Arkansas
State Highways and Transportation Department's driveway regulations which are
in effect at the time of the proposed development or the city of Van Buren's
Control of Access Regulations. Under no circumstances shall a driveway be
designed or constructed to standards less restrictive than those contained in the
Van Buren Control of Access Regulations. The Van Buren Planning commission
reserves the right to grant a variance pertaining to the literal interpretation of these
regulations when it is found that a distinct and unique hardship will result from
the strict enforcement of these regulations and that the hardship is specific to the
property or properties in question and that the hardship(s) encountered by the
petitioner has not been caused by any action of the petitioner. Hardship is further
defined under Article 6 of this ordinance.
C. Commercial standards Commercial subdivisions or sites with proposed access to
public rights-of-way within jurisdictional area of the city of Van Buren shall
conform to the following standards:
1. Commercial subdivisions or sites with public right-of-way frontage
of 80 feet or less shall be limited to one(1) driveway which shall
be designed for both-ingress and.egress.
2. Commercial subdivisions or sites with public right-of-way frontage
81 feet to 200 feet shall be limited to two (2)driveways where one
may be restricted to ingress and one restricted to egress,or where
both may be designed for ingress and egress. In cases where each
driveway is designed for both ingress and egress,they shall be
constructed in such a manner that will provide safe and unrestricted
vehicular turns and without sight restrictions for any and all turns.
3. Commercial subdivisions or sites with public right-of-way frontage
of 201 feet to 500 feet shall be limited to two (2) driveways where
at least one of the driveways is designed for both ingress and
egress.
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d. Commercial subdivisions or sites with public right-of-way frontage in
excess of 501 feet may have three (3) driveways spaces, at a minimum, of
100 feet as measured from the outside limits between driveway radii. A
maximum of four 94) driveways shall be allowed for any one commercial
subdivision or commercial site. The Van Buren Planning Commission
may approve a commercial subdivision or site with more than four (4)
driveways if the proposed subdivision or site demonstrates the need for
additional access based on traffic control and safety.
e. Commercial subdivision or site access shall be designed with minimum
turning radii of 25 feet, and a minimum distance of 75 feet from an
existing or proposed intersecting street, (as measured from the street right-
of-way).
f. The minimum width of a commercial subdivision or site access driveway'
shall be 24 feet for both one-way and for two-way driveways. All
driveway widths shall be measured along the right-of-way at the inner
limits of the curbed radii.
g. Whenever practical, shared access shall be encouraged for adjacent
commercial subdivisions or sites, whether the subdivisions or sites are
existing and being improved or are proposed for development. Depending
on the size and location of existing or proposed commercial subdivisions,
and in conformance with the standards identified in this ordinance, no
more than two commercial subdivisions or sites any share any access for
ingress or egress to a public right-of-way. If it is practical to share access
according to this section all standards of this ordinance must be met in
designing ingress or egress to a public way.
Ord. No. 24-2022
Article 3, Section 3 (Commercial Standards) of Ordinance 23-1996 is amended to add the
following new paragraph.
h. Commercial Access through Residentially zoned or used property:
Driveway access from a commercial site or subdivision that routes traffic through
a residential zoning district or residentially used property shall require a
conditional use permit from the Van Buren Planning Commission prior to
construction. Existing sites that have sole access through a residentially zoned
district or residentially used property and that are zoned or commercially
developed prior to the effective date of this amendment are exempt from this
requirement.
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4. Commercial subdivisions or sites with public right-of-way frontage
in excess of 501 feet may have three(3) driveways spaces, at a
minimum, of 100 feet as measured from the outside limits between
driveway radii. A maximum of four 94) driveways shall be
allowed for any one commercial subdivision or commercial site.
The Van Buren Planning Commission may approve a commercial
subdivision or site with more than four(4) driveways if the
proposed subdivision or site demonstrates the need for additional
access based on traffic control and safety.
5. Commercial subdivision or site access shall be designed with
minimum turning radii of 25 feet, and a minimum distance of 75
feet from an existing or proposed intersecting street, (as measured
from the street right-of-way).
6. The minimum width of a commercial subdivision or site access
driveway shall be 24 feet for both one-way and for two-way
driveways. All driveway widths shall be measured along the right-
of-way at the inner limits of the curbed radii.
7. Whenever practical, shared access shall be encouraged for adjacent
commercial subdivisions or sites,whether the subdivisions or sites
are existing and being improved or are proposed for development.
Depending on the size and location of existing or proposed
commercial subdivisions, and in conformance with the standards
identified in this ordinance,no more than two commercial
subdivisions or sites any share any access for ingress or egress to a
public right-of-way. If it is practical to share access according to
this section all standards of this ordinance must be met in
designing ingress or egress to a public way.
D. Industrial sites and subdivisions Industrial subdivisions of sites with proposed
access t public right-of-way within the jurisdiction of the city of Van Buren shall
conform to the following standards:
1. Industrial subdivisions or sites with public right-of-way frontage of 100
feet or less shall be limited to one 91) driveway which shall be designed
for both ingress and egress.
2. Industrial subdivisions or sites with public right-of-way frontage of 101
feet to 200 feet shall be limited to two (2) driveways where one may be
.restricted to ingress and one restricted to egress. In cases where each
driveway is designated for both ingress and egress,they shall be
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constructed in such a manner that will provide safe and unrestricted
vehicular turns and without sight restrictions for any and all turns.
3. Industrial subdivisions or sites with public right-of-way frontage of 201
feet to 500 feet shall be limited to two (2) driveways where at least one of
the driveways is designed for both ingress and egress.
4. Industrial subdivisions or sites with public right-or-way frontage in excess
of 500 feet may have three(3)driveways spaces,at a minimum of 100 feet
as measured from the outside limits between driveway radii. A maximum
of four(4)driveways shall be allowed for any one industrial subdivision
or site. The Van Buren Planning Commission may approve an industrial
subdivision or site with more than four(44) driveways if the proposed
subdivision or site demonstrates the need for additional access based on
traffic control and safety.
5. Industrial subdivision or site access shall be designed with minim,�m
turning radii of 40 feet and a minimum distance of 100 feet from an
existing or proposed intersection of a street.
6. To the extent possible,ingress and egress for truck and other vehicular
traffic shall be provided through separate and distinct access for each type
of vehicular traffic.
7. The minimum width of an industrial subdivision or site driveway shall be
24 feet for a one-way driveway and 40 feet for a two-way driveway. All
driveway widths shall be measured along the right-of-2ay at the inner
Emits of the curbed radii. (Ord.No.23-96.Art. 3.)
9.36.04 Review of requests for access
A. Procedure all requests for proposed access from any lot or lots onto a public right-
of-way whether or not the public right-of-way is a city street, state highway or
U.S.Highway shall be submitted to the Van.Buren Building Inspector for review.
Requests for access will normally be a part of the permitting procedure for
building permits. When requested,the Building Inspector may require any or all
of the following criteria for review and approval.
B. Criteria for review of requests for access
1. Possible or potential impacts on vehicular traffic safety.
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2. Vehicular traffic generation and control as a result of the proposed
commercial or industrial subdivision or site.
3. Impacts of the projected vehicular traffic volumes and turns on the
adjacent public right-of-way resulting from the proposed commercial or
industrial subdivision or site.
4. Conformity of the proposed circulation plan and access requests of the
proposed commercial or industrial subdivision or site to the Van Buren
Master Street Plan and the Bi-State Long Range Transportation Plan.
5. Topographical conditions of the proposed commercial or industrial
subdivision or site.
6. Horizontal and vertical curvature conditions of the public right-ot-way
within 500 feet of the proposed access driveway or driveways.
(Ord. No. 23-96, Art. 4.)
9.36.05 Authority of Planning Commission to request additional information Prior to any
Van Buren Planning commission action or recommendation, the Planning commission may
request the developer or agent of the proposed commercial or industrial subdivision or site to
prepare responses to questions or concerns regarding any one or more of the Criteria for Review
of Requests for Access. Such responses may then. be used by the Van Buren Planning
Commission in formulating its recommendation to the Van Buren City Council. (Ord. No. 23-
96, Art. 5.)
(( 9.36.06 Hardship Any developer of a proposed residential, commercial or industrial
subdivision or site, of a proposed improvement to an existing residential, commercial or
industrial subdivision or site may request a variance from the literal interpretation of this
ordinance when such request indicates that a hardship will result from the strict enforcement of
this ordinance. Such hardship(s) that are indicated in the request must be unique to the property
in question and not shared by other properties in the immediate area. Such hardship(s) must
indicate that the strict enforcement of this ordinance would render the property in question
useless and prevent the owner or developer from practical utilization of the property. Variance
applications will be reviewed by the Van Buren Planning Commission. The procedures for
processing a variance application shall comply with the requirements specified in Article VIII,
Section 3 of the Van Buren Zoning Code. (Ord. No. 23-96, Art. 6 as amended by Ord. No. 2020-
3, Sec.1)
9.36.07 Driveway construction specifications Upon approval of any access permit;
commercial and/or industrial, driveways shall be designed in accordance with the driveway
design specifications contained in illustration "A" (found as an attachment to this ordinance), and
shall be in accordance with the following driveway construction specifications.
A. All portions of driveways, commercial, or industrial within the street right of way
shall be constructed to a thickness of not less than six (6) inches of Portland
cement with a 6" x 6" six gauge welded wire fabric or fiber mush concrete.
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Concrete shall have a compressive strength of 3,000 pounds per square inch in 28
days and conform to the current specifications of the Arkansas State Highway and
Transportation Department. All concrete to be mixed,placed and cured according
to the American Concrete Institute, ACI-318.
B. Commercial and/or industrial driveways and approaches shall be constructed to a
minimum thickness of six(6) inches of Portland cement with a 6" x 6" six gauge
welded wire fabric or fiber mesh concrete. Concrete shall have a compressive
strength of 3,000 pounds per square inch in 28 days and conform to the current
specifications of the Arkansas State Highway and Transportation Department.
C. The city of Van Buren may, as a result of exceptional circumstances, approve
other materials for driveway and driveway approach construction.
D. All driveways and driveway approaches shall be designed and constructed
according to the specifications contained in Article 8 and illustration "A" of this
ordinance unless permission to deviate from these specifications is expressly
given by the city of Van Buren. (Ord. No. 23-96, Art 7.)
9.36.08 Residential sites and subdivisions
The title of Article 3 shall be amended to read as follows:
Article 3. Access. (Ord. No. 2019-21, Sec. 1)
A new section shall be added to Article 3 as follows:
Section 5. Residential Sites and Subdivisions
A. Collector or arterial streets -Any lot that includes a single-family dwelling, row
house, or duplex shall not have access along any street designated on the master
street plan as a Principal Arterial, Minor Arterial, Collector Street Class I, or
Collector Street Class IL
B. Corner lots - Single family dwellings,row houses, or duplex lots shall have access
from the lowest classified street according to the street classifications of the
Master Street Plan. If the streets have the same classification, the dwelling unit
may have access to either of the streets.
C. Double frontage lots - When a residential lot has street frontage on the front and
back of the lot, driveway access is permitted on only one (1) street and the access
must be from the lowest classified street as classified on the Master Street Plan.
(Ord. No. 2019-21, Sec. 2)
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S-34
CHAPTER 9.40
SIDEWALK CONSTRUCTION AND MAINTENANCE FUND
Sections:
9.40.01 Establishment
9.40.02 Saving clause
9.40.01 Establishment There is hereby established a separate fund known as the
SIDEWALK CONSTRUCTION AND MAINTENANCE FUND.
A. Funding will come from the dedication of three(0.03) cents per square foot of the
fees collected on all building permits issued. The City Clerk will deposit these
fees into the Sidewalk Fund on a monthly basis. The building Official shall
supply the City Clerk with a monthly report of fees collected.
B. The Master Street map is hereby adopted to serve as the Master Sidewalk Map for
planning and development of sidewalks.
C. The Planning Commission shall hold a Public Hearing in October of each year in
order to receive input from,the public to plan where sidewalks need to the built,
!03 using the master sidewalk map and statement of purpose to develop the annual
sidewalk program. Following the public hearing,the Planning Commission shall
take those comments and along with the fiscal constraints, recommend a sidewalk
program for the coming year to the City Council.
D. Construction standards as provided by the city of Van Buren Building
Department, are hereby adopted as the standard for construction of sidewalks in
Van Buren.
E. The sidewalk funds will not be used as supplemental funds to the widening of an
existing street nor the building of a new street. Sidewalks built as a result of a
street improvement project shall not use sidewalk construction and maintenance
funds.
F. Each and every expenditure of funds shall be approved by the City Council prior
to the commencement of construction. (Ord. No. 5-97, Sec. 1.)
9.40.02 Savingclause lause Nothing in this ordinance hereby adopted shall be construed to
affect any suit or proceeding now pending in any court, or any rights acquired, or liability
incurred, nor any cause or causes of action accrued or existing, under any act or ordinance
repealed hereby. Nor shall any right or remedy of any character be lost,impaired or affected by
this ordinance. (Ord. No. 5-97, Sec. 2.)
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CHAPTER 9.44
SIDEWALK CONSTRUCTION
Sections:
9.44.01 Sidewalk installation
9.44.02 Remodeling structures
9.44.03 Variances
9.44.04 Sidewalk standards
9.44.01 Sidewalk installation Sidewalks shall be installed according to city standards and
specifications, as adopted by the City Council herein and as amended, along both sides of all
streets in all new residential subdivisions, and along one or both sides of all streets, as is
applicable, in all other new commercial and industrial development. (Ord.No. 10-2015, Sec. 1.)
9.44.02 Remodeling structures Sidewalks shall be installed when remodeling of existing
residential, commercial and industrial structures meet or exceed 50%of the Crawford County
Assessor's assessed value of the structure. (Ord.No. 10-2015, Sec. 2.)
9.44.03 Variances At the discretion of the Planning Department, applicants may submit a
O fee payment to the sidewalk construction fund in lieu of sidewalk construction. The amount of
the fee will be determined as the actual dollar value of sidewalk construction for sidewalks that
are required. The dollar value of the sidewalk improvements will be determined by the project
engineer and approved by the Planning Department. Should the applicant desire to appeal the
Planning Departments determination of the fee-in-lieu,the appeal would be made to the city of
Van Buren Planning Commission for a final determination.
Donations to the sidewalk construction fund may be accepted where:
a. The required sidewalks are along an existing street that has no existing sidewalk
network; or
b. The Planning Department determines the construction of a sidewalk is not
feasible.
When a fee payment to the sidewalk fund is accepted, the sidewalk assessment portion of
the building permit fee required by Chapter 9.40 of the Van Buren Municipal Code will not be
required for the initial permit on any of the individual lots within the subdivision.All subsequent
permits for improvements on the individual lots will include the sidewalk assessment portion of
the building permit fee. (Ord. No. 20-2017, Sec. 2.)
135.4
9.44.04 Sidewalk standards Previous standards for sidewalks adopted pursuant to S-32
Ordinance No. 5-1997 are hereby modified as follows:
Sidewalk Specifications for Van Buren,Arkansas:
A. All work shall be performed in conformance with the latest American Concrete
Institute specifications, the latest Arkansas Fire Prevention Code, and with the
attached City of Van Buren sidewalk standard drawings and standard cross-
sections.
B. Concrete: Shall be Portland, having a compression strength of 3,500 lbs.per
square inch in 28 days and 3-6% air entrained.No additional water may be added
at the job site. An admixture may be added to improve the workability.
C. Depth:Not less than four(4) inches thick.
D. Width: Sidewalk shall be a minimum of five(5)feet in width and shall be built
inside the city right-of-way. Greenspace shall be within the remaining area
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between defined sidewalk and curb.
E. Sub-grade: Sub-soil shall be compacted to 95% standard proctor density or per the
approval of the City building inspector. A density test shall be taken at a
frequency no less than one(1)per lot or one(1) every eighty(80)linear feet,
whichever is greater.
g F. Forming: All forms shall be set vertical,with enough support as not to bulge.
Forms and sub-grade shall be thoroughly wetted before placing concrete.
Expansion joints shall be Y, inch in width of a rubberized compound the entire
depth of the concrete separating each section of sidewalk. Each section of
sidewalk shall not exceed 55 feet in length. Control joints shall be cut to a depth
of 1/3 the thickness of the concrete. Control joints must be cut using a tool with a
minimum of a 1-inch blade. Control joints must be out during placement and
finishing.
G. Finish: A wooden float will be used to level the concrete. It shall be trowelled
smooth,with a light broom finish,broomed perpendicular to the walk to produce
a faintly scored surface. All edges shall be edged with an edging tool.
H. Curing: All concrete shall be wet cured for a minimum of three (3) days, or use an
approved curing compound.
I. Clean-Up: All excess dirt and construction materials shall be removed from the
site. The street right-of-way shall be dressed,then sodded, or seeded with grass,
as needed.
J. Approval: Every section of sidewalk shall be inspected by the City Building
Inspector or Street Department Superintendent before placing any concrete.
K. Deviations: Any deviation to the specification contained in this document shall be
approved by the City of Van Buren Planning Department.
L. Time of Construction: Sidewalks for streets interior to a subdivision shall be
completed:
1. Before the issuance of building permits for eighty percent (80%) of the
lots on the block.
M. Continuity: Sidewalks shall not be installed in such a manner that they conflict
with or are obstructed by power lines,telephone poles, fire hydrants,traffic/street
signs,mail boxes,trees,buildings,barriers,light poles, or any other structure.
Where encroachment is necessary,the minimum unobstructed width of the
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sidewalk shall be at least four(4) feet. The grades of sidewalks shall be such that
abrupt changes of the grades greater than eight percent(8%) are not encountered.
When there is an existing or anticipated obstruction,the sidewalk shall be
installed around the object and shall provide the required sidewalk width.
N. Acceptance: Acceptance of the sidewalk section by the City shall be upon
issuance of the certificate of occupancy for the structure or the lot where the
sidewalk is installed. If multiple lots are purchased from the developer,by one
parry,but not built upon, sidewalk construction shall be built for each lot. (Ord.
No. 10-2015, Sec. 4.)
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