ORD NO 07-2003 City of Van Arkansas
MUM'cipal Complex
1003 Broadway • Van Buren, Arkansas 72956
Ordinance
a
Has been AMENDED as of
Please refer to
Ordinance
Shawnna M. Reynolds
City Clerk-Treasurer
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CO CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. (7 —2003
AN ORDINANCE REPEALING ORDINANCES NO. 14 -1991, NO. 8 -1992, NO. 8 -1993,
NO. 19 -1993, NO. 20 -1993 AND NO. 1 -2002, ADOPTING NEW SUBDIVISION
REGULATIONS FOR THE CITY OF VAN BUREN, AND FOR OTHER PURPOSES.
WHEREAS, The Van Buren Planning Commission desires to revise the Subdivision
Ordinance in order to bring the regulations up to date; and
WHEREAS, Public Hearing has been held as required by law and the Planning
Commission has recommended said revisions to the Van Buren City
Council for approval; and
WHEREAS, Said revisions are substantial and require a repeal of former Ordinances
establishing and amending previous regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
SECTION 1: THAT Ordinances No. 14 -1991, No. 8 -1992, No. 8 -1993, No. 19 -1993,
No. 20 -1993, and No. 1 -2002 are hereby repealed.
SECTION 2: THAT the attached Subdivision Regulations for the City of Van Buren are
hereby adopted in whole.
SECTION 3: THAT any prior Ordinance or parts of Ordinances which are in conflict
with this Ordinance are hereby repealed and shall be null and void.
SECTION 4: THAT this Ordinance being necessary for the immediate protection of the
public health, safety, and welfare of the citizens of Van Buren, Arkansas,
an emergency is hereby declared to exist, and this Ordinance shall be in
full force and effect from and after its passage.
PASSED AND APPROVED THIS 1 k DAY OF AUGUST 2003.
1\I)OOHIWRIGGS
ATTESTED:
CITY CLERK/TREASURER
• CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. I —2003
AN ORDINANCE REPEALING ORDINANCES NO. 14-1991, NO. 8-1992, NO. 8-1993,
NO. 19-1993, NO. 20-1993 AND NO. 1-2002, ADOPTING NEW SUBDIVISION
REGULATIONS FOR THE CITY OF VAN BUREN,AND FOR OTHER PURPOSES.
WHEREAS, The Van Buren Planning Commission desires to revise the Subdivision
Ordinance in order to bring the regulations up to date; and
WHEREAS, Public Hearing has been held as required by law and the Planning
Commission has recommended said revisions to the Van Buren City
Council for approval; and
WHEREAS, Said revisions are substantial and require a repeal of former Ordinances
establishing and amending previous regulations;
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS:
SECTION 1: THAT Ordinances No. 14-1991, No. 8-1992, No. 8-1993, No. 19-1993,
No. 20-1993, and No. 1-2002 are hereby repealed.
SECTION 2: THAT the attached Subdivision Regulations for the City of Van Buren are
hereby adopted in whole.
SECTION 3: THAT any prior Ordinance or parts of Ordinances which are in conflict
with this Ordinance are hereby repealed and shall be null and void.
SECTION 4: THAT this Ordinance being necessary for the immediate protection of the
public health, safety, and welfare of the citizens of Van Buren, Arkansas,
an emergency is hereby declared to exist, and this Ordinance shall be in
full force and effect from and after its passage.
PASSED AND APPROVED THIS I b DAY OF AUGUST 2003.
MA O OH RIGGS
ATTESTED:
vitat
CITY CLERK/TREASURER
SUBDIVISION REGULATIONS
VAN BUREN, ARKANSAS
ORDINANCE NO. 14-1991
AMENDED 4/20/92 ORDINANCE NO. 8-1992
AMENDED 7/19/93 ORDINANCE NO. 8-1993
AMENDED 9/20/93 ORDINANCE NO. 19-1993
AMENDED 9/20/93 ORDINANCE NO.20-1993
ALLEN RAY TOOTHAKER,MAYOR
AMENDED 1/28/02 ORDINANCE NO. 1-2002
JOHN RIGGS,MAYOR
Page 1 of 16
ORDINANCE NO. 14-1991 AS AMENDED
SUBDIVISION REGULATIONS
VAN BUREN, ARKANSAS
AN ORDINANCE REGULATING THE SUBDIVISION OF LAND WITHIN THE CITY OF
VAN BUREN, ARKANSAS, AND ITS AREA OF PLANNING JURISDICTION;
REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF
PRELIMINARY AND FINAL PLATS FOR SUCH PURPOSES; ESTABLISHING MINIMUM
SUBDIVISION DESIGN STANDARDS; PROVIDING MINIMUM IMPROVEMENTS TO BE
MADE OR GUARANTEED TO BE MADE BY THE-SUBDIVIDER; SETTING FORTH THE
PROCEDURE TO BE FOLLOWED BY THE PLANNING COMMISSION IN APPLYING
THESE RULES, REGULATIONS AND STANDARDS; PRESCRIBING PENALTIES FOR
THE VIOLATION; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN
BUREN, ARKANSAS:
I. GENERAL PROVISIONS
A. Purpose
The purpose of these regulations is to set forth the procedures,requirements and
minimum standards governing the sub-division of land under the jurisdiction of
the Van Buren Planning Commission(hereinafter referred to as the "Planning
Commission".)
B. Authority
These subdivision regulations are adopted in accordance with the authority
granted by Act 186 of the 1957 General Assembly of the State of Arkansas.
C. The territorial jurisdiction of these regulations includes the land within the
corporate limits of the City of Van Buren and those areas identified within the
Van Buren Extraterritorial Jurisdiction Area as indicated on the Van Buren
Extraterritorial Jurisdiction Area Map.
D. Where this ordinance addresses specific lots and set back dimensions,references
are made to the Van Buren Zoning ordinance for this information and, where this
ordinance addresses specific street design and construction criteria references are
made to the Van Buren Master Street Plan for this information.
E. Definitions
For the purpose of these regulations, certain terms used herein are defined as
follows:
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1. Administrative plat approval - shall mean the approval and recording of a plat, at
the direction of the chairman of the Van Buren Planning Commission, following a
review by city staff and consensus determination that the plat meets the provisions
outlined in these regulations. Administrative approval requires the signatures of
the chairman and secretary of the city planning commission.
2. Alley- a minor public way used for utilities easements and vehicular service
access to the back or the side of properties abutting a street.
3. Building Set-Back Line- a line parallel to the street right-of-way, indicating the
limit beyond which buildings or structures may not be erected.
4. Chairman—the Chairman of the Van Buren Planning Commission.
5. Cul-de-sac- a street having one end open to the traffic and being terminated at the
other end by a vehicular turnaround.
6. Developer- a person, firm or corporation undertaking to develop a subdivision as
defined in these regulations.
7. Easement- a grant by a property owner to the public, a corporation, or persons of
the use of a strip of land for a specific purpose.
8. Improvements- street grading and surfacing, curbs and gutters, water main and
lines, sanitary and storm sewers, culverts and bridges.
9. Lot- a portion of a subdivision, or any parcel of land intended as a unit of transfer
or ownership or for development.
10. Plan, City- the comprehensive plan made and adopted by the Planning
Commission and accepted by ordinance by the City Council indicating the general
locations recommended for the various land uses, major streets,parks, public
buildings, zoning districts, and other public improvements.
11. Master Street Plan- a plan for streets made and adopted by the Planning
Commission and accepted by the City Council by Ordinance classifying certain
streets within the planning area jurisdiction as Local, Collector,Arterial (Minor),
Arterial (Principal).
12. Plat- a map or drawing and accompanying material indicating the layout and
design of a proposed subdivision prepared by a developer for consideration and
approval by the Planning Commission. Such plats may be the preliminary plat or
the final plat of major or minor subdivisions.
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ti„ c
13. Street- a dedicated public right-of-way which provides vehicular and pedestrian
access to adjacent properties.
a. Arterial Street- a street of greater continuity which serves or is intended to
serve as a major traffic way, and is designated by the Master Street Plan.
b. Collector Street- a feeder route which carries the vehicles from minor and
residential streets to thoroughfares, and is designated by the Master Street
Plan.
c. Local Street- a neighborhood street within a particular area used primarily for
access to individual properties.
14. Street, dead-end- a street, similar to a cul-de-sac,but providing no turnabout at its
closed end.
15. Subdivision- 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 when any one (1) of the resulting contiguous parcels
in the ownership is reduced to less than five (5) acres. "Subdivision" also includes
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.
a. Minor subdivision- a minor subdivision is a subdivision with no more than
two lots or is a re-plat of an existing subdivisions.
b. Major subdivision- a major subdivision is a subdivision with three or more
lots.
II. PROCEDURE FOR MINOR SUBDIVISION PLAT APPROVAL
A. The Chairman may authorize administrative plat processing of minor subdivisions
when the subdivision is in compliance with all provisions of these regulations.
The subdivision may be submitted for processing as a final plat unless it is
determined by the Chairman that a preliminary plat is necessary. Minor
subdivisions shall be subject to review and comment by the Subdivision Review
Subcommittee of the Planning Commission prior to administrative plat approval.
Final plats that are processed as minor subdivisions must be approved and signed
by the Planning Commission Chairman and the Mayor.
B. At any time following the submittal of a proposed minor subdivision, the
developer has the option to submit the plat for processing as a major subdivision.
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C. Should a variance be requested from any of the requirements of the design
standards or should an appeal be requested from any other section of these
regulations, the proposed subdivision plan shall be processed as a major
subdivision.
D. A subdivision plat vacation and any subdivision re-plat which results in the
elimination of or the reduction of any street right-of-way shall require approval of
the City Council.
E. A re-plat for the purpose of adjusting lot line locations or correcting scriveners'
errors may be processed as a minor subdivision.
III. PROCEDURE FOR MAJOR SUBDIVISION PLAT APPROVAL
Three steps are involved in approval by the Planning Commission of a Major
Subdivision; (1) approval by the Planning Commission, of a Preliminary Plat, (2)
approval of construction plans and design specifications by the City Engineer, and(3)
approval of a Final Plat by the Planning Commission and City Council.
A. Preliminary Plat
1. Submission
The developer shall submit to the Planning Commission twenty(20) copies of a
preliminary plat, together with the pertinent supporting data, at least twenty(20)
days prior to the meeting of the Planning Commission at which consideration is
requested. The Subdivision Review Subcommittee of the Planning Commission
will review the preliminary plat at least seven(7) days prior to the Planning
Commission meeting, and make recommendations to the Planning Commission
on the requirement of utility easements and street rights-of-way to serve the
property under consideration.
a. General
(1) Name of the subdivision
(2) Boundary and boundary description of the subdivision
(3) Names and addresses of the owner(s), developer(s), and the name of the
registered engineer preparing the plat and the registered engineer's seal.
(4) Minimum scale of plat, one (1) inch equals one hundred (100) feet, on
sheets 18"x 24" or 24"x 36". The Planning Commission may allow legible
half-sized, reduced scale copies of a plat for review purposes only.
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(5) Date, north arrow, and scale.
(6) Vicinity map, at a legible scale, on Preliminary Plat, showing the location
of all abutting streets and development and such further information
surrounding territory as may be requested by the Subdivision Review
Subcommittee of the Planning commission.
b. Existing Conditions
(1) Location, width and name of each existing or platted street;
railroad or other public way, and utility easements,parks and
other public open space, and permanent buildings, within and
adjacent to the proposed subdivision.
(2) Location and size of existing sewers,water mains, culverts, or other
underground installations within the proposed subdivisions and
immediately adjacent thereto, when available.
(3) Names of adjacent subdivisions and owners of adjacent parcels of not yet
subdivided land.
(4) Topography with contour lines at two (2) feet intervals.
c. Proposed Development
(1) Names, location, and width of proposed streets and roadways and location
and width of alleys, sidewalks, curb and gutters (if proposed) and utility
easements.
(2) Location and character of all proposed pubic utility lines, including sewers
(storm and sanitary), water, gas and power lines, when available.
(3) Layout, numbers and dimensions of lots.
(4) Location and size of proposed parks,playgrounds, churches, or school
sites or other special uses of land to be considered for dedication to public
use, if any.
(5) Building set-back lines with dimensions should be shown or noted.
(6) Indication of any lots on which use other than residential is proposed by
the developer.
(7) Approximate acreage of proposed subdivision.
d. Supporting Data
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(1) Attach any pertinent supplementary information or data.
2. Review by Planning Commission
a. Approval or Rejection
Within ten (10) days after review by the Planning Commission, the developer
shall be notified in writing whether the Preliminary Plat is approved. In case the
Plat is not approved, the reasons for disapproval shall be given in writing. Failure
of the Planning Commission to act on the Preliminary Plat within ninety(90) days
from the date of application submission shall be deemed approval of the
Preliminary Plat. Approval of the Preliminary Plat, however, does not constitute
acceptance of the subdivision. Rather, it is authorization for the developer to
proceed with the preparation and submission of construction plans and design
specifications.
If the sub-divider desires to presently develop only a portion of the total area
intended for development, the Planning Commission shall require preliminary plat
approval for the entire area intended for development to insure compliance with
the purpose and intent of these regulations.
b. Approval Period
The approval of the Preliminary Plat shall be effective only for a period of two (2)
years, and thereafter as long as work is actively progressing on the installation of
the required improvements. If the Final Plat has not been submitted for approval
within this period, a new Preliminary Plat must be submitted to the Planning
Commission for approval. When a subdivision is developed in phases and the
Final Plat for any phase has not been submitted for approval within this two year
period, a new Preliminary Plat for that phase must be submitted to the Planning
Commission for approval.
B. Final Plat
1. Submission
After approval of the Preliminary Plat and submission and approval of the
construction plans and design specifications, by the City Engineer, and the
installation or provisions made for the installation of the required improvements
as specified in Chapter V, IMPROVEMENTS, the developer shall submit to the
Planning Commission a Final Plat for recording purposes, together with
certificates and other supporting information. Such submission shall be at least
twenty(20) days prior to the Planning Commission meeting at which
consideration is requested.
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2. Copies of Final Plat
Twenty(20) copies of the final plat shall be submitted to the Planning
Commission for review: The final plat shall be drawn at a scale of 1" = 100' or
larger, and shall be on a sheet size of 18"x 24", 24" x 36", 30"x 42" or 22" x 34".
Review copies of fmal plats may be 11"x 17" if legible.
3. Information in Final Plat
The Final Plat shall show and contain the following information:
a. Name of Sub-Division.
b. Boundaries and legal description of property being subdivided. Boundary
survey and legal description of platted property shall be certified and sealed
by a Registered Land Surveyor licensed in the State of Arkansas.
c. Names and addresses of the owner and developer.
d. Acreage in subdivision tracts.
e. Date,north arrow, and scale.
f Location and description of all monuments.
g. Location of and names of all streets, highways, alleys, parks, or public
purpose areas, if any, and easements with dimensions and proper legal
description within the proposed subdivision.
h. Location of all streets, and utility easements and areas for public uses, if any,
to be dedicated.
i. Dimensions and number of all lots.
j. Bearings in degrees, minutes and seconds of all lot lines and street lines, as
well as a basis on which the bearing system was determined.
k. Street Curvature characteristics.
1. Dedication of all streets, easements, alleys,parks and other lands for public
use.
m. Certificate of Ownership and Dedication (as defined in Article VI,paragraph
H).
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n. Certificate of Approval of Water and Sewer System by the Municipal Utilities
Department.
o. Certificate of Approval of Streets.
p. Certificate of Plat Acceptance from City Council.
q. Lot Addresses shall be noted.
4. Planning Commission Approval or Disapproval
The Planning Commission shall take action on a Final Plat within sixty(60) days
after its submission subject to the requirements set forth in Chapter V,
IMPROVEMENTS. The Planning Commission may recommend approval or
disapproval of the plat to the City Council. If the Planning Commission
recommends disapproval then the reasons for such action shall be recorded in the
minutes of the Planning Commission meeting and those reasons shall be
transmitted to the developer in writing.
A final plat recommended for approval by the Planning Commission shall be
transmitted to the City Council for action. The City Council approval is required
for its acceptance of the dedication of public streets, easements, alleys, parks
and/or other public space located within the city.
If the developer desires to develop only a portion of the Plat granted preliminary
approval, the Planning Commission may recommend Final Plat approval for the
area the developer desires to develop at that particular time. (See Article V,
paragraph G, Guarantee in Lieu of Installation of Improvements for other Final
Plat approval conditions).
5. Recording the Final Plat
Pursuant to Section 5c, Arkansas Planning Law, Act 186-1957, "the county
recorder shall not accept any plat for record without the approval of the Planning
Commission." Following approval of the Planning Commission and acceptance
by the City Council fifteen (15) copies of the filed of record Final Plat shall be
filed with the City.
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a
IV. MINIMUM DESIGN STANDARDS
A. Conformance with Official Plans
1. The subdivision plat shall conform to all design standards in effect. Construction
plans and specifications shall conform to the minimum design standards in effect
at the time of plan submittal and approval by the City. The approval of the
construction plans shall be effective only for a period of two (2) years, and
thereafter as long as work is actively progressing on the installation of the
associated improvements. If the construction of the improvements has not
commenced within this period, a new construction plan review and approval may
be required by the Planning Commission.
2. The Planning Commission may recommend sites to be dedicated for public use
within the boundaries of the proposed subdivision where the sites are shown on
the Land Use Plan approved by the City Council. (see also paragraph H of this
article).
B. Blocks
1. Width-blocks shall be wide enough to provide two tiers of lots of minimum
depth, except where fronting on a major street or prevented by topographical
conditions or the size of the property, in which case the Planning Commission
may approve a single tier of lots.
2. Length- blocks shall not be less than 400 feet nor more than 1320 feet in length
except where the Planning Commission considers it necessary to secure efficient
use of the land or use of the land for a desired street pattern.
C. Lots
1. Size - As referenced in the Van Buren Zoning Ordinance for the Zoning
classification of the proposed development.
1. Area-As referenced in the Van Buren Zoning Ordinance for the Zoning
classification of the proposed development.
2. Width-As referenced in the Van Buren Zoning Ordinance for the Zoning
classification of the proposed development.
D. Curb and Gutter
As referenced in the Van Buren Master Street Plan under the Design and
Construction criteria.
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E. Street Grading and Surfacing
As referenced in the Van Buren Master Street Plan under the Design and
Construction Criteria.
F. Building Set-Back Lines
As referenced in the Van'Buren Zoning Ordinance for the classification of the
proposed development.
G. Streets
All street design and construction shall be in accordance with the Van Buren
Master Street Plan.
H. Parks and Recreational Areas
The Planning Commission may recommend the dedication of parks, open spaces,
or recreational areas in accordance with the approved Land Use Plan, the
subdivision is of sufficient size that such action would enhance the desirability of
the area for residential purposes. All such areas shall be maintained at the expense
of the City or other body which may be involved.
I. Suitability of Land
Land subject to flooding or topographically unsuitable for residential occupancy
and which the Planning Commission considers inappropriate for subdivision use
shall not be platted for that use or any other use that may increase danger to
health, life or property, or aggravate erosion or flood hazard. If such land is in the
proposed plat, this land shall be set aside for such uses as will not be effected by
periodic flooding or unsuitable topographic conditions, unless adequate corrective
methods are formulated by the developer and approved by the Planning
Commission.
J. Utility Easements
1. Easements for the location of utilities may be required by the Planning
Commission. A minimum easement shall be fifteen (15) feet in width. A greater
easement width may be required by the Planning Commission.
2. No building or structure may be erected over, or in an easement.
3. The various utility firms shall be consulted pertaining to suitable locations of all
utility easements.
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9 9
4. Utilities to be located in an easement within or across a street right-of-way shall
be platted and installed with the stub-out connections for each lot, or conduit
installed to allow future installations before the surfacing of the street. (Ordinance
24-1976 -Passed and Approved 7-14-76).
V. IMPROVEMENTS
Before the Final Plat approval may be granted by the Planning Commission, the
Developer shall have installed or shall have made provision to install, either at his
expense or in accordance with the existing policy of the City, the following
improvements, all of which must have prior approval by the Planning Commission. (see
paragraph G, below).
A. Water Supply
Where an approved public water supply for domestic and fire protection uses is
available or reasonably accessible or procurable, connections should be made
with such water supply. Water system improvements shall be constructed in
accordance with the Van Buren Municipal Utility Commission Master Water
Plan. The developer shall furnish, install and pay all costs for fire hydrants in
accordance with the Fire Protection Design Standards(Ord. No. 14-2002) and
which meet rules and regulations of the Arkansas Fire Prevention Bureau. The
subdivision shall be connected to a public water supply system in such a manner
that an adequate supply of potable water is available to every lot within the
subdivision. The water system plans and specifications shall be prepared by an
engineer registered to practice in the State of Arkansas. Plans must to be
approved by the State Board of Health and the appropriate water or utility
department. (Ord. No. 7-1971).
B. Sewage Disposal
1. Sanitary sewer systems shall be constructed for any Subdivision located within a
reasonable distance of public sewers. Sanitary sewer system improvements shall
be constructed in accordance with the Van Buren Municipal Utility Commission
Master Sewer Plan. The sanitary sewer system plans and specifications shall be
prepared by an engineer registered to practice in the State of Arkansas. Plans
must to be approved by the State Board of Health and the appropriate water or
utility department
2. When the subdivision cannot be served by existing sanitary sewers, septic tank
disposal or other approved disposal methods shall be provided in accordance with
plans and specifications approved by the Utility Department Engineer and
Arkansas State Board of Health.
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C. Storm Drainage
Storm drainage improvements shall be constructed in accordance with the
minimum design standards as established by the City Council. (Ord. No. 40-
1980). Each subdivision developer shall submit an erosion control plan for
construction activities and obtain storm water permits in accordance with federal,
state or local ordinances or regulations.
D. Curb and Gutter
Curbs and gutters design and construction shall be in accordance with the Van
Buren Master Street Plan.
E. Street Grading and Surfacing
Streets shall be constructed in accordance with the Van Buren Master Street Plan.
F. Monuments
Monuments shall be set indicating the location of each lot corner within the
boundaries of the subdivision. At a minimum, these monuments shall consist of a
metal rod at least eighteen (18) inches in length and one half(1/2) inch in
diameter. These monuments shall be set in accordance with the Arkansas
Minimum Standards for Property Boundary Surveys and Plats as published by the
Arkansas Geological Commission, Land Survey Division. The surveyor's
certificate placed on the final plat shall act as the certification that these
monuments have been set in accordance with these standards.
G. Guarantees in Lieu of Installation of Improvements
The Planning Commission may approve the Final Plat (see Article III, paragraph
B, 6) of a subdivision prior to the installation of all required improvements when
the Developer deposits cash, a performance and payment bond, or an irrevocable
letter of credit with the City in accordance with the City Bonding Procedure and
Bond Agreement. Such deposits of cash, a performance and payment bond or
irrevocable letter of credit with the City shall be in an amount equal to the
estimated cost of improvements as determined by the City Engineer or other City
Officials for the entire subdivision or portion thereof. Upon issuance of written
notice of commencement of the "warranty" period(see Article V, paragraph J),
the developer may withdraw any deposit made in lieu of installation of
improvements. If construction of the bonded improvements has not commenced
within two (2) years of the date of construction plan approval then the bond
amount will be reviewed and the bond amount adjusted as necessary to cover the
cost of improvements.
A Developer may request approval by the Planning Commission of a plan for
incremental release of security for subdivision improvements. The incremental
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release plan must include milestones for completion of improvements and the
associated release dollar amounts. Test data for completed improvements must be
provided to the City Engineer and/or the Utility Department Director prior to
release of any increment of security. Incremental release requests must be
submitted to the City Engineer and/or the Utility Department Director for review
and approval.
H. Engineer Certificate
In addition to any inspection made by the City of Van Buren, Arkansas,before
any improvement is accepted for maintenance by the City of Van Buren,
Arkansas, a Registered Engineer licensed in the State of Arkansas shall certify
under his seal that said improvements meet the standards as set forth in the
subdivision Ordinance.
Maintenance Warranty
Upon acceptable completion of all required subdivision improvements and prior
to the commencement of the "warranty" period, the developer shall provide to the
City a written maintenance warranty. The maintenance warranty must state that
for a period of 12 months following written acceptance of the improvements by
the City the developer will maintain, repair and reconstruct the subdivision
improvements in whole or in part if failure occurs due to defective design,
defectivematerials or workmanship. The maintenance warranty shall be in the
amount of ten percent (10%) of the total construction cost of the subdivision
improvements. A deposit of cash, warranty bond, or irrevocable letter of credit
shall be made with the City by the developer to financially assure the maintenance
warranty.
J. Maintenance Warranty Period
The maintenance warranty period shall be 12 months in duration and shall begin
upon written acceptance by the City of the subdivision improvements. Written
notice of commencement of the "warranty"period will be provided to the
developer when the following items have been submitted to and accepted by the
City:
1. Acceptable completion of all required subdivision improvements;
2. Written maintenance warranty document (see Article V, paragraph I);
3. Deposit of financial assurance of the maintenance warranty(see Article V,
paragraph I);
4. Certified cost of improvements;
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5. Quality control inspection and test results;
6. "As-Built" or record drawings;
7. Engineer's certification(see Article V,paragraph H);
8. Payment of all required fees.
At the end of the 12 month warranty period, if all warranty claims have been
satisfied, the City will provide to the developer written notice of acceptance of
maintenance responsibility for the subdivision improvements. Upon issuance of
written notice of acceptance of maintenance responsibility by the City,the
developer may withdraw any deposit made for financial assurance of maintenance
warranty.
VI. ADMINISTRATION
A. Variances
Whenever the tract to be subdivided is of such unusual size, shape or topography,
or surrounded by such development or conditions that the provisions of these
regulations shall result in substantial hardship on the Developer when such
hardship-is unique or peculiar to the tract of land, the Planning Commission may
vary or modify such requirements to the end that the subdivision may be
developed consistent with public welfare and safety and will not result in
undermining the intent of these regulations. Such variances of the Subdivision
Regulations must be noted in the minutes of the Planning Commission meeting.
B. Appeal
In the event a plat submitted by the applicant is disapproved by the Planning
Commission, the applicant may petition the City Council for a review of the plat
vote. The Council may sustain the disapproval of the Commission or refer the Plat
back to the Planning Commission for additional study and action as may be
consistent with the requirements of these regulations.
C. Severability
If any section, paragraph, clause,phrase or part of these subdivision regulations is
for any reason invalid, such decision shall not effect the validity of the remaining
provisions of these regulations and the application of those provisions to any
persons of circumstances shall not be effected thereby.
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D. Enforcement
In order to carry out the purposes of these regulations and to assure an orderly
program of land development after the effective date of these regulations:
1. No plat of any tract of land within the Planning area jurisdiction of the Van Buren
Planning Commission shall be accepted by the County Recorder for filing of
record unless the plat has been approved by the Planning Commission.
2. No conveyance by metes and bounds of tracts or lots coming under the definition
of a subdivision without compliance with the applicable provisions of this
ordinance or amendments thereto shall be permitted. This provision is aimed at
preventing an attempt to circumvent these regulations by conveying metes and
bounds without taking the necessary steps for filing an approved plat.
3. No street and right of way dedication shall be accepted by the City unless platted
in accordance with these Subdivision Regulations.
4. No building permit shall be issued for construction of buildings within a
subdivision until a final plat has been filed with the County Recorder.
5. No connection of permanent utility service to any building will be allowed prior
to issuance of a Certificate of Occupancy by the Building Department.
Temporary utility connections may be allowed for testing installed equipment.
Temporary services shall be disconnected after testing is complete unless a
Certificate of Occupancy has been issued.
E. Penalty
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.
F. Amendments
•
On any proposed amendments to these regulations, the Planning Commission
shall hold a public hearing, for which fifteen(15) days advance notice in a local
newspaper of general distribution has been published. Following such hearing the
City Council may adopt or reject the amendment or amendments as recommended
by the Planning Commission. This ordinance may be amended by a majority vote
of the City Council.
G. Fees
The Preliminary Plat submittal fees shall be Fifty dollars ($50.00).
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The Final Plat submittal fees shall be Fifty Dollars ($50.00).
H. Certificate of Ownership and Dedication
1. The developer shall be required to file with the County Recorder the Certificate of
Ownership and Dedication as approved by the Planning Commission at the same
time the plat is filed for record.
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