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ORD NO 23-2008 CITY OF VAN BUREN. ARKANSAS e ORDINANCE NO. a3 -2008 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND VAN BUREN'S SUBDIVISION REGULATIONS, ORDINANCE NO. 07-2003; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, after a review of the language in Ordinance No 07 -2003 by the Van Buren Planning Department and the Planning Commission there appears to be language that is confusing, superfluous and /or unnecessary in Article I (15); and WHEREAS, notice of a Public Hearing was duly published, and a Public hearing was conducted by the Van Buren Planning Commission to consider revisions thereto; and WHEREAS, the proposed amendments to the Van Buren Municipal Code herein were recommended by a majority vote of the entire Planning Commission; NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Article I, Section 15, of Ordinance No. 07 -2003 (Van Buren Municipal Code 15.04.02) is amended as follows: Subdivision within the corporate city limits shall mean the division of or the assimilation of one (1) or more parcels of land into two (2) or more parcels, building sites or other divisions for sale or building development, and outside the corporate city limits. but within the planninu jurisdiction. shall mean the division of or the assimilation of one (1) or more parcels of land into two (2) or more parcels. buildinu sites or other divisions for sale or buildinu development when any one (1) of the resulting contiguous parcels in the ownership is reduced to less than five (5) acres. "Subdivision" also included the development of land resulting in the need for access to lots and parcels, the need to provide or extend utilities, the need to improve adjacent infrastructure due to insufficient existing capacity and the added demand resulting from proposed development. SECTION 2: The passage and approval of these amendments to the Van Buren Subdivision Ordinance will make the subdivision regulations of the City more comprehendible and apprehensible for the City and its citizens. Therefore, an emergency is declared to exist and this Ordinance, being necessary for the preservation of the public peace health and safety, shall be in full force and take effect immediately upon and after its passage. SECTION 3: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by avote of (a for and 0 against, the foregoing Ordinance at its Meeting held on the 20 day of October 2008. N I Robert D. Freyaa ATTESTED APPROVED AS TO FORM: Barbie Curtis, City Clerk/Trcasurer N. Donald Jenkins, Jr., City Attorney 0