11 Buildings and Construction S-33
TITLE 11
BUILDINGS AND CONSTRUCTION
Chapters:
11.04 Building Permit
11.08 City Inspector
11.12 Plumbing and Fuel Gas Code
11.16 Electrical Code
11.20 Fire Prevention Code
11.22 Public Works Construction Code
11.24 Housing Code
11.28 Condemned Structures
11.32 Building Code
11.36 Energy Code
11.44 Mechanical Code
11.48 Grading and Erosion Control
11.52 House Numbering
CHAPTER 11.04
BUILDING PERMIT
Sections:
11.04.01 Applications
11.04.02 Property owner
11.04.03 Requirements
11.04.04 Violations
11.04.05 Plot plan filed
11.04.06 Application submitted by landowner
11.04.07 Fees
11.04.08 Issuance
11.04.09 Fence permit
11.04.01 Applications Applications to the Building Inspector for the issuance under Van
Buren Municipal Code Section 11.04.01 of a permit for the construction or remodeling of a
dwelling, consisting of one (1) but not more than four (4) units for residential occupancy, when
the cost of the project is Twenty Thousand Dollars ($20,000) or more, shall include a copy of
such applicant's Residential Building Contractor's License issued by the Residential Building
Contractor's Committee of Arkansas pursuant to Act 950 of 1999 (A.C.A. 17-25-501 et seq.) as
the same may be amended from time to time, and a statement by such applicant that such license
is in full force and effect. (Ord. No. 2-2001, Sec. 1.)
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11.04.02 Property owner A property owner who acts as a residential building contractor '44r)
for the purpose of construction or remodeling of his own residence is not required to be licensed
under this ordinance unless the person constructs or remodels more than one (1)residence per
calendar year. (Ord.No. 2-2001, Sec. 2.)
11.04.03 Requirements The requirements of this ordinance shall be deemed to be
independent of the requirement of any other ordinance for the issuance of permits for such
construction or remodeling. (Ord.No. 2-2001, Sec. 3.)
11.04.04 Violations Violations of this ordinance shall be punishable as a misdemeanor
offense and shall be punishable by a fine of up to Five Hundred Dollars ($500.00). Each day that
said violation continues shall be a separate offense and each day subsequent to the first of the
violation shall be punishable by a fine of up to Five Hundred Dollars($500.00)per day. (Ord.
No. 2-2001, Sec. 4.)
11.04.05 Plot plan filed Ord.No'. 29-78, Section 1, is amended to read as follows:
Before a permit is issued by the Building Department for the construction of a structure,the
applicant shall file a plot plan in the form and size designated by the Building Department for
filing permanently with the permit record, drawn to scale, with all dimensions figured, showing
accurately the size and location of all proposed new construction and the relation to other
existing or proposed buildings or structures on the same lot. All easements, set backs and
floodplain information shall be shown on the plot plan. (Ord. No. 18-2002, Sec. 1.)
Ned)
The remainder of Ord.No. 29-78 shall remain in full force and effect. (Ord.No. 18-
2002, Sec. 2.)
11.04.06 Application submitted by landowner The application for any building permit
by this chapter will be submitted by the landowner concerned to the Mayor, at City Hall, in
duplicate copy, and shall contain as a minimum the following:
A. Name, mailing address, and telephone number of the applicant
B. Type building to be constructed or repaired
C. Location of the building site
D. Outside dimensions of the proposed building or addition
E. Construction materials to be used for the foundation, floor, and exterior walls
F. Manner in which the proposed building will be anchored to the foundation
G. Height of the first floor level above the ground level, as measured from the
highest point of the ground level,
1. Prior to any grading or leveling
2. After grading and leveling
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H. Date on which construction is proposed to begin.
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11.04.07 Fees A fee according to a schedule established by the City Council will be
charged for each building permit issued according to a schedule established by the City Council.
Payment of said amount will accompany each permit application submitted, with such payment
to be returned in event the application is denied.
11.04.08 Issuance The Mayor will present each permit application to the City Council
for its approval or other disposition at its next regular or called meeting, with the exception that
no application will be presented for the Council's consideration until it has been reviewed by the
City Building Inspector and bears his recommendation as to approval or disapproval. In each
case the permit shall be granted unless found to be in violation of any flood zone ordinance or
other ordinance heretofore or hereinafter adopted by the city. Any building permit issued under
the provisions of this chapter will remain valid only for a period of ninety (90) days from its date
of issue, and becomes void if construction has not begun within that period, or unless it is
renewed within that period.
11.04.09 Fence permit
1. The fence permit procedures are hereby set forth in attachment "A" hereto.
2. Whenever the fence permit applicant confronts a unique or peculiar hardship that
prohibits the applicant from following the procedures as set forth in attachment
"A", the Board of Adjustment may vary or modify such procedures in such a way
that is consistent with public welfare and safety.
C 3. On the event a variance request by the applicant is disapproved by the Board of
Adjustment, the applicant may petition the City Council for a review of the
variance vote. The Council may sustain the disapproval of the Board of
Adjustment or refer the variance back to the Board of Adjustment for additional
study and action as may be consistent with the requirements of the procedures.
(Ord. No. 2019-07, Secs. 1-3.)
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CHAPTER 11.08
CITY INSPECTOR
Sections:
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11.08.01 Created
11.08.02 Fees
11.08.03 Selection
11.08.04 Appeals
11.08.01 Created The office of the City Inspector for the city of Van Buren is hereby
created who shall have all the duties and responsibilities of the City Building Inspector, the City
Plumbing Inspector, and such other and further duties as are now or may hereafter be prescribed
by the City Council.
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11.08.02 Fees All fees, commissions and other income now fixed by law, ordinance or
regulation to be collected by the City Building Inspector, City Plumbing Inspector or for any
other inspection shall be paid to the Clerk/Treasurer of the city of Van Buren,Arkansas, and the
Clerk/Treasurer shall be the custodian of all revenues derived from said inspection system by
reason of inspections made by said inspector.
11.08.03 Selection That the City Inspector shall be selected and employed by the Mayor
with the approval of the City Council of said city; his salary shall be fixed and determined by the
Mayor and City Council, he shall be paid from the income from inspections and he shall be
subject to all rules and regulations of the City Council.
11.08.04 Appeals That the City Council of the city of Van Buren shall be and constitute
the Board of Appeals as set forth in the Plumbing Code, the Building Code, the Electrical Code
and the Zoning and Subdivision Regulation Ordinance. (Ord.No. 8-65, Sec. IV.)
CHAPTER 11.12
PLUMBING AND FUEL GAS CODE
Sections:
11.12.01 Definition
11.12.02 State Code
11.12.03 Inspection and supervision
11.12.04 Applications,permits
11.12.05 Bond
11.12.06 Street openings
11.12.07 Hazardous conditions
11.12.01 Definition Plumbing for the purposes of this chapter is hereby defined as the
definitions of Act 200 of 1951 (A.C.A. 17-31-101) and the Arkansas State Plumbing Code.
11.12.02 State Code The provisions and regulations of the Arkansas State Plumbing Code
and the Arkansas State Fuel Gas Code,and any amendments thereto adopted by the State of
Arkansas are made a part of this chapter by reference, and a certified copy or copies shall be
maintained on file in the office of the City Clerk/Treasurer as required by state law, and shall
extend over and govern the installation of all plumbing for water, sewer, or fuel gas, installed,
altered or repaired within the city. (Ord.No. 32-2008, Sec. 3.)
11.12.03 Inspection and supervision
A. The Mayor shall designate the official responsible for enforcing and administering
this code subject to confirmation by the majority of the City Council.
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B. It shall be the duty of the Building Inspector to enforce all provisions of this
chapter, and such inspector or inspectors are hereby granted the authority to enter
all buildings within or without the corporate limits of the city when such buildings
are connected, or to be connected to the municipal water and/or sewage system.
C. The Building Inspector shall prepare or cause to be prepared suitable forms for
applications,permits, inspection reports and other such materials.
D. It shall be his duty to inspect and test all plumbing work for compliance with this
chapter and its adopted plumbing code, and to enforce changing of such
installations that do not meet the requirements. It further shall be his duty to see
that all persons installing or altering plumbing shall be qualified by state law.
11.12.04 Applications,permits
A. Before beginning any work in the city, the person installing or altering same, shall
apply to the Building Inspector or other designated official and obtain a permit to
do such work. Only those persons legally authorized to do plumbing may be
issued permits. A permit may be issued to a homeowner to install or alter
plumbing in a single family residence,providing the homeowner does the work
himself and that such work shall meet the code requirements.
B. All applications for permits shall be made on suitable forms provided. The
application shall be accompanied by fees in accordance with the following
schedule:
Plumbing rough-in inspections $2.00
Each plumbing fixture and/or water and/or waste
Discharging devices .50
New or reconstructed sewer connection 3.00
Each septic tank system 5.00
Hot water heater, new or replaced .50
Water service or connection 1.50
For final certificate of inspection 2.00
An additional fee of$2.00 shall be charged for each additional trip on the part of the inspector,
caused by the negligence of the plumber of not being ready for inspection or a return for
inspection of a corrected installation.
11.12.05 Bond
A. Every master plumber doing business in the city shall execute and deliver to the
city a bond with a surety bonding company in the sum of One Thousand Dollars
($1,000.00)to indemnify the city or any citizen for any damage caused by the
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failure of such master plumber to comply strictly with the provisions of this
-4)chapter. No plumbing permit shall be issued to any master plumber unless this
bond has been delivered to the city and is in full force and effect.
11.12.06 Street openings
A. All openings made in the public streets or alleys to install plumbing must be made
as carefully as possible and all materials excavated from the trenches shall be
removed or placed where the least inconvenience to the public will be caused.
B. All openings must be replaced in precisely the same condition as before the
excavation started and all rubbish and material must be removed at once, leaving
the street or sidewalks clean and in perfect repair.
C. All openings shall be marked with sufficient barriers. Flares or red lamps shall be
maintained around the opening at night and all other precautions shall be taken by
the plumber or excavator to protect the public from damage to person or property.
11.12.07 Hazardous conditions
A. The Water Department and the Building Inspector are hereby authorized to
discontinue or cause to be discontinued all water service or services to any and all
premises, lands, buildings or structures where it is found that an immediate hazard
exists to the purity or potability of the city water supply, by reason of the 'rig)
requirements of the Arkansas State Plumbing Code and the City Plumbing Code
and the regulations of the Arkansas State Board of Health having not been
complied with.
B. The Water Department and the Building Inspector are hereby authorized and
directed to take such steps as necessary to determine all potential hazards to the
purity or potability of the city water supply which exist. Upon determining said
potential hazards, it shall be the duty of said department and said inspector to
immediately cause notice to go to the owner or such other person responsible for
said premises, specifying said hazards, and notifying said person that in the event
that said hazard is not corrected within thirty(30) days from the date of said
notice, all water services shall be discontinued thereafter until the requirements of
the Arkansas State Plumbing Code, and the regulations of the Arkansas State
Board of Health have been complied with.
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CHAPTER 11.16
ELECTRICAL CODE
Sections:
11.16.01 Adoption of Electrical Code
11.16.02 Appointment of the Building Inspector
11.16.03 Duties
11.16.04 Permits
11.16.05 Inspection
11.16.06 Standards
11.16.07 Licensing of electricians
11.16.08 Bond required
11.16.09 Qualification
11.16.10 Failure to comply
11.16.11 License to individual
11.16.12 Fees for licensing
11.16.13 Adoption by reference of Family Dwelling Code
11.16.01 Adoption of Electrical Code There is hereby adoptedby reference the 2014
National Electrical Code with local amendments. One (1) copy of the referenced regulatory
code,together with local amendments, is now on file in the office of the Van Buren City Clerk
and the same is hereby adopted by reference and incorporated as if set out word for word herein.
(Ord.No. 18-2014, Sec. 1.)
11.16.02 Appointment of the Building Inspector The Building Inspector, responsible for
administering this code, shall be appointed by the Mayor and approved by a majority of the
Council.
11.16.03 Duties He shall have the duty and is hereby authorized, empowered, and
directed to regulate and determine the placing of electric wires and other appliances for electric
lights, heat or power in the city and to cause all such wires, appliances, or apparatus to be placed,
constructed, and guarded as not to cause fires or accidents, endangering life or property, and to
be constructed so as to keep to a minimum the loss or waste of electric current. It shall be his
duty to enforce all provisions of this chapter and he is hereby granted the authority to enter all
buildings in the city in the performance of his duties at any reasonable hour. It shall be his duty
to inspect and/or test all electrical work and equipment or apparatus for compliance with the
code whenever electric wiring, appliances or apparatus shall be defective or hazardous through
improper manufacture of improper or insufficient insulation or for any other reason, he shall at
once cause the removal of such defect or defects, at the expense of the owners of such wiring,
appliance or apparatus.
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11.16.04 Permits No installation, alteration, or removal shall be made in/or of the wiring
of any building or structure for light, heat or power or to increase the load of energy carried by
such wires or equipment, nor shall any building or structure be wired for electric lights,
appliances, motors, apparatus, or heating devices nor alterations made thereto without a written
permit therefore being first obtained from the city license issuing Clerk by the person, firm, or
corporation having direct charge of such installation, alteration or removal.
11.16.05 Inspection Upon the completion of the wiring, installation or alteration of any
building or structure for light,heat, power, appliance, or apparatus it shall be the duty of the
person, firm or corporation having direct charge of such to notify the Building Inspector who
shall, as early as possible, inspect such wiring, installation, appliance, and apparatus and if
installed, altered and constructed in compliance with the permit and in accordance with the
requirements of this chapter, he shall execute a certificate of satisfactory inspection,which shall
contain the date of such inspection and the result of his examination, but no such certificate shall
be issued unless such electric wiring, motors, heating devices, appliances, and apparatus be in
strict accord with the rules and requirements and the spirit of this chapter, nor shall current be
turned on to such installation, equipment, appliance,motors, heating devices, and apparatus until
said certificate be issued. The amount of fee or charge to be made for such inspections and
certificates is to be fixed and determined by the City Council.
11.16.06 Standards All electrical construction, all materials, appliances, motors, heating
devices, and apparatus used in connection with electrical work and the operation of all electrical
apparatus within the city shall conform to the rules and requirements of the National Electrical
Code current when work is performed or equipment and apparatus installed, however, the
necessity, good service and said results often require larger sizes of wire,more branch circuits,
and better types of equipment than the minimum which is specified in the National Electrical
Code. Therefore,the Building Inspector supervising the enforcement of this code will have the
responsibility and authority for making interpretations of the rules, for deciding upon the
approval of equipment, materials, construction, and for granting the special permission
contemplated in a number of the rules and he, where necessary, shall follow the code procedure
for securing official interpretations of the code.
11.16.07 Licensing of electricians Any person, firm or corporation desiring to engage in
the business of electrical construction or of the installation of wiring and apparatus for electric
light, appliances,heating or power in the city shall,before doing so, obtain a license therefore,
the fee for which shall be $25.00 per year which shall be paid into the city treasury before such
license shall become effective.
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11.16.08 Bond required Every person, firm or corporation doing electrical business in the
city shall execute and deliver to the city a bond with a surety bonding company in the sum of
One Thousand Dollars ($1,000.00)to indemnify the city or any citizen for any damage caused by
the failure of such person, firm, or corporation doing the electrical work to comply strictly with
the provisions of this chapter.
11.16.09 Qualification No license shall be issued until the party applying for same has
given satisfactory evidence to the Building Inspector of his or their ability to do said electrical
work in a safe and satisfactory manner. No permit for installation or alteration of any wiring,
heating devices,motors, appliances and apparatus shall be issued until the license and bond
herein required have been obtained.
11.16.10 Failure to comply Any person, firm or corporation who shall fail to correct any
defect or defects in his or her work or to meet the required standards after having been given
notice of the unfit condition by the Building Inspector within a reasonable time, shall be refused
any other permit until such defect or defects have been corrected and shall be subject to
revocation of license for continual defective work or either upon conviction for violation of the
provisions of this chapter. Upon failure to comply with this chapter, the Building Inspector shall
have authority, after due notice, to cut out electric current in the locality concerned.
11.16.11 License to individual Any individual desiring to perform his own electrical
work personally shall not be required to make the required bond or to obtain the required license,
but shall be required to obtain the regular permit for that particular job. Such work done by an
individual must be done by him personally on his own particular job and not be a way or
performing a service to the public generally.
11.16.12 Fees for licensing Ord. No. 3-67, Sec. 11, as amended, shall be amended to
revise paragraphs B. and C. and to add paragraphs D. and E. as follows:
A. The fee for a City Master License shall be $5.00
B. The fee for a City Journeyman License shall be $5.00
C. The fee for a City Apprentice License shall be $2.50
D. There shall be no charge if the applicant is a holder of a State Electrician's
License. (Ord.No. 19-91, Sec. 1.)
11.16.13 Adoption by reference of Family Dwelling Code There is hereby adopted for
the city of Van Buren, for the purpose of establishing rules and regulations for the construction
and electrical wiring installations for one and two family dwellings, Chapters 1 through 10 and
also Chapters 39 through 47 of the SBCCI Building Code for one and two family dwellings also
known as the CABO one and two Family Dwelling Code, 1995 Edition, with revisions.
(Ord. No. 34-96, Sec. 1.)
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CHAPTER 11.20
FIRE PREVENTION CODE
Sections:
11.20.01 Adoption of International Fire Code
11.20.02 Enforcement
11.20.03 Establishment of districts in which storage of flammable liquids in outside
above ground tanks,bulk storage of liquefied petroleum gases and storage
of explosives and blasting agents is to be restricted
11.20.04 Modifications
11.20.05 Appeals
11.20.06 penalties
11.20.07 Establishing of fire lanes on private property devoted to public use
11.20.08 Fire alarm system
11.20.09 Fire Protection Design Standards
11.20.01 Adoption of International Fire Code Subject to the provisions of A.C.A. 14-55-
207,the 2012 edition of the Arkansas Fire Prevention Code is hereby adopted by reference for
the city of Van Buren as though set out herein word for word. (Ord.No. 5-2014, Sec. 2.)
11.20.02 Enforcement The Code hereby adopted shall be enforced by the Chief of the
Fire Department of the municipality.
11.20.03 Establishment of districts in which storage of flammable liquids in outside
above ground tanks,bulk storage of liquefied petroleum gases and storage of explosives and
blasting agents is to be restricted The limits referred to in section 73 of the Code hereby adopted
in which storage of flammable liquids in outside above ground tanks is prohibited,the limits
referred to in section 103 of the Code hereby adopted, in which bulk storage of liquefied
petroleum gas is restricted, and the limits referred to in section 53 (b) of the Code hereby
adopted, in which storage of explosives and blasting agents is prohibited, are hereby established
as follows:
A. The area designated on the "Official Zoning Map"of the Municipality as the
Central Business District.
B. Within 1500 feet of any dwelling structure in any built up area within the
corporate limits of the municipality;
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with the exception of outside above ground tanks for the storage of flammable liquids or for the
bulk storage of liquefied petroleum gases having been located in such designated areas prior to
the adopting date of this ordinance; provided,however,that the Fire Chief shall inspect such
facilities and issue a letter of"Modification" as hereinafter set forth in Section 5 of this
ordinance.
11.20.04 Modifications The Chief of the Fire Department shall have power to modify any
of the provisions of the Code hereby adopted upon application, in writing by the owner or lessee,
or his duly authorized agent, when there are practical difficulties in the way of carrying out the
strict letter of the code, provided that the spirit of the Code shall be observed,public safety
secured, and substantial justice done. The particulars of such modification when granted or
allowed and the decisions of the Chief of the Fire Department thereon shall be entered upon the
records of the department and a signed copy shall be furnished the applicant.
11.20.05 Appeals Whenever the Chief of the Fire Department shall disapprove an
application or refuse to grant a permit applied for, or when it is claimed that the provisions of the
code do not apply or that the true intent and meaning of the Code have been misconstrued or
wrongly interpreted,the applicant may appeal from the decision of the Chief of the Fire
Department to the governing body of the municipality within thirty(30) days from the date of the
decision appealed.
11.20.06 Penalties A.C.A. 15-55-102 empowers municipal corporations to adopt
ordinances to provide for the safety, health, comfort, and convenience of inhabitants of the city.
Violations of the Standard State Fire Prevention Code shall be punishable as a misdemeanor
offense and shall be punishable by 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 $250.0 per day. (Ord. No. 12-99, Sec. 4.)
11.20.07 Establishing of fire lanes on private property devoted to public use. The fire
lanes referred to in the Fire Prevention Code are hereby established as follows:
... on private property, devoted to public use, where the parking of motor vehicles or
other obstructions may interfere with the ingress and egress of fire department vehicles for the
protection of persons and property such as at shopping centers, bowling lanes, theaters,hospitals,
churches, and similar locations. The width of said fire lanes shall be thirty(30) feet from the
outside boundary of the sidewalk adjacent to said parking lot. (Ord.No. 7-79.)
11.20.08 Fire alarm system Section 903.4.2 of the 2002 International Fire Code is
amended to require a fire alarm system meeting the requirements of NFPA 72 of the National
Fire Alarm Code. (Ord. No. 2-2003, Sec. 2.)
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11.20.09 Fire Protection Design Standards The Fire Protection Design Standards
attached hereto approved and recommended by the Van Buren Municipal Utilities Commission
are hereby adopted and are included and incorporated within this ordinance as if set out herein
word for word. (Ord. No. 14-2002, Sec. 1.)
A. The minimum gpm for public mains in residential areas is hereby changed from
750 to "1000" gpm.
B. The maximum distance measured along the curb line between hydrants is hereby
changed from 850 feet to "500" feet.
C. The distance that the last hydrant in a cul-de-sac in residential areas containing
one and two family dwellings should be located from the farthest building set
back line at the end of the street is hereby changed from 300 feet to "250" feet.
D. The distance that the last hydrant in a cul-de-sac in R-3 zones should be located
from the farthest building set back line at the end of the street is hereby changed
from 300 feet to "250" feet.
E. The minimum gpm for hydrants on through streets in areas other than residential
zones is hereby changed from 1,000 gpm to "1500" gpm.
F. The distance that the last hydrant in a cul-de-sac in an area other than a residential
zone from the farthest building set back line at the end of the street should be
changed from 300 feet to "250" feet.
G. The distance from a public fire hydrant that buildings such as commercial,
industrial and residential buildings other than one and two family dwellings that
are required to be provided with the required minimum number of hydrants and
be connected to a water system capable of supplying the fire flow is hereby
changed from 150 feet to "250" feet. (Ord. No. 10-2003, Secs. 1-7.)
CHAPTER 11.22
PUBLIC WORKS CONSTRUCTION CODE
Sections:
11.22.01 Adoption of Public Works Construction Code
11.22.01 Adoption of Public Works Construction Code The standard specifications for
construction in Van Buren are set forth in Attachment "A" and are adopted in their entirety.
(Ord. No. 2018-01, Sec. 1.)
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CHAPTER 11.24
HOUSING CODE
Sections:
11.24.01 Adoption of
11.24.02 Building Inspector
11.24.03 Board of Appeals
11.24.04 Duties of Building Inspector
11.24.05 Right of entry
11.24.06 Fair Housing Code
11.24.01 Adoption of There is hereby adopted by the City Council that certain health and
housing standards known as the Standard Housing Code of which not less than three (3) copies
have been and are now filed in the office of the Clerk/Treasurer and the same are hereby adopted
and incorporated as fully as if set out at length herein, and from the date on which this chapter
shall take effect,the provisions thereof shall be controlling on all dwellings and premises within
the city limits.
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11.24.02 Building Inspector The Building Inspector shall be responsible for the
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enforcement of this chapter.
11.24.03 Board of Appeals There is hereby created a Board of Housing appeals which
shall consist of five(5)members appointed by the Mayor and subject to confirmation of the City
Council. The Board shall act by a majority vote of the members present. Said Board shall have
the power and be required to hold public hearings in deciding appeals where it is alleged there is
an error in law or fact in any order or decision of the housing official in the enforcement of this
chapter.
11.24.04 Duties of Building Inspector It shall be the duty of the Building Inspector to
enforce all laws and provisions specified in the herein adopted Standard Housing code.
11.24.05 Right of entry The Building Inspector, in the discharge of his official duties, and
upon proper identification, shall have authority to enter any building structure or premises at any
reasonable hour.
11.24.06 Fair Housing Code The Fair Housing Code of the city of Van Buren,Arkansas,
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
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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 with respect to discriminatory housing practice
within the area of jurisdiction of the city of Van Buren, Arkansas. (Ord.No. 25-80, Sec. 1.)
CHAPTER 11.28
CONDEMNED STRUCTURES
Sections:
11.28.01 Purpose
11.28.02 Prohibited acts
11.28.03 Guidelines
11.28.04 Removal after disaster
11.28.05 Railroads
11.28.06 Inspection
11.28.07 Notice
11.28.08 Enforcement of ordinance
11.28.09 Enforcement of lien
11.28.10 Supplemental to codes
11.28.01 Purpose The purpose of this ordinance is to implement and enforce the police .4)
powers of the city for the abatement of dangerous, unsightly and unsanitary conditions
constituting a public nuisance which may exist upon real property located within the city limits;
and also to. implement and enforce the police powers of the city to require,by condemnation,the
repair or removal of houses,building and/or structures which, due to their dilapidated and unsafe
condition, constitute a public nuisance. (Ord.No. 26-97, Sec. 1.)
11.28.02 Prohibited acts
A. It shall be unlawful for any property owner, or occupant of any real property
located within the city of Van Buren to fail or refuse to cut weeds, grass or dead
or dying trees,to fail or refuse to remove garbage, rubbish and other unsightly and
unsanitary articles and things from the real properly, to fail or retiree to abate fire
and flooding hazards, or to fail or refuse to fill up or remove stagnant pools of
water or any other unsanitary, thing,place or condition which might become a
breeding place for mosquitoes, flies and germs harmful to the health of the
community.
B. It shall be unlawful for any property owner, or occupant of any real property
located within the city of Van Buren to allow, either by permission or omission,
the dumping or accumulation of any trash, litter, garbage, debris or refuse upon
the real property by other parties either known or unknown or to fail and refuse to
remove all trash, litter, garbage, debris or refuse which is unsightly or which may
endanger public health.
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C. It shall be unlawful for any property owner, or occupant of any real property
located within the city of Van Buren, Arkansas to use said real property for the
open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass,
building material, building rubbish or similar items or to fail or refuse to remove
such items from the property. For the purposes of this ordinance, and "abandoned
motor vehicle" is defined as one that is in a state of disrepair and incapable of
being moved under its own power. However,this section shall not be in force as
to a commercial enterprise duly licensed and permitted to carry on a business in
the storage of such items on a tract property zoned for such business and
complying with any and all other conditions required for the lawful functioning of
such business.
D. It shall be unlawful far any property owner, or occupant of any real property
located within the city of Van Buren to allow, either by permission or omission,
any of the conditions set out in subparagraphs (a), (b) and(c)above, upon any
alleys,utility easements, rights-of-way and/or easements (including ditches)
adjoining the real property.
E. It shall be unlawful for any owner to fail or refuse to repair, remove or raze any
house,building and/or structure which has deteriorated to such a condition, or has
been damaged to such an extent, as to be dilapidated, unsightly, unsafe,
unsanitary, obnoxious or to constitute a fire hazard or in other manner be
detrimental to the public welfare to such a degree as to found and declared a
nuisance by the city.
F. It shall be unlawful for any owner and/or occupant to cause, create,permit or
cause to occur within the city of Van Buren, Arkansas any nuisance, including not
limited to those listed above in this section, on property owned or occupied by
any person, and each day such nuisance is permitted to remain after notice from
the city for the abatement thereof, shall subject the person or persons responsible
for the non-abatement of such nuisance to punishment as provided by this
ordinance. (Ord. No. 26-97, Sec. 2.)
11.28.03 Guidelines Regarding the cutting and removal of weeds, grasses and trees,
owners and occupants of real property located within the city of Van Buren,Arkansas shall be
governed by the following guidelines:
A. Except as otherwise provided, all lands, whether or not platted and/or subdivided,
which have never been cleared or developed and which remain in their natural
state, including, but not limited to,undeveloped open spaces such as meadows or
similar lands which can be used for grazing or forage, may be maintained in their
undeveloped,natural state,provided, however, that weeds, grasses or trees must
be cut or removed if such vegetation blocks pedestrian or vehicular vision or
traffic,
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B. All property, except those described in sub-section(a) above, shall be maintained
so that weeds and grasses thereon shall not exceed six(6) inches in height.
C. The owners and occupants of all property, except those described in sub-
paragraph(a) above, shall maintain all unopened street rights-of-ways, easements
for streets, utility, drainage, walking or other purposes,unopened alleys and
opened alleys, other than the portion of same used for vehicular traffic,which
adjoin said owner' or occupants'property so that weeds and grasses shall not
exceed six(6) inches in height. If any such right-of-way, easement or alley is
adjoined by the properties Of two (2)property, owners,then each owner or
occupant shall maintain such right-of-way, easement or alley to the midpoint
thereof.
D. The owners or occupants of all lands shall remove or cause to be removed all
dead or dying trees and dead parts of living trees from such lands when such dead
or dying trees or dead parts of trees shall constitute a hazard to personal safety or
property, due to the imminent possibility of their falling upon or being blown
upon public property, or property of other owners, or when such trees,because of
disease or decay, constitute a nuisance and/or imminent health threat to other trees
located on public properly of property of other owners.
E. After the cutting of tall weeds,rank grasses or other vegetation, if the resulting
yard waste itself creates or constitutes a condition which is unsafe,unsanitary,
dangerous,unsightly or a fire hazard. said yard waste shall also be required to be
removed from the property. (Ord.No. 26-97, Sec. 3.)
11.28.04 Removal after disaster If any property owner shall suffer the loss, either total
or partial, of a house by fire or tornado, it shall be the duty of the Code Enforcement Officer to
immediately notify in writing,the property owner to remove all debris from the lot. It shall be
the duty of the property owner within fifteen(15) days from receipt of such notice to remove all
debris or refuse on said lot. The notice required tinder this Section is separate from the Notice
required by Section 7 below. (Ord.No. 26-97, Sec. 4.)
11.28.05 Railroads All railroad companies operating within the city limits of the city of
Van Buren, Arkansas shall maintain their rights-of-way at or around any railroad crossing with a
public street, alley or other public way free from weeds, grasses, trees, bushes, shrubs and other
growing vegetation which may obstruct the view of pedestrians and vehicle operators using the
public ways for a distance of one hundred(100)yards in all right-of-way directions from such
railroad crossings. Further, all such railroad companies shall maintain their rights-of-way so that
weeds and grasses thereon shall not exceed six (6) inches in height. (Ord.No. 26-97, Sec. 5.)
11.28.06 Inspection No notice as described in Section 7 below, shall be issued to any
owner or occupant until a through inspection of the condition of the relevant real property, and/or
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structure has been conducted by the Code Enforcement Officer, or other designated
representative of the Mayor, and that official (or officials) determined that the existing condition
of the real property and/or structure constitutes a substantial health, fire, flooding, safety, or
aesthetic hazard or determent to the well-being of the inhabitants of the City.
11.28.07 Notice
A. Upon the determination that a property's or structure's condition is in violation of
this ordinance, the Code Enforcement Officer, or other designated official, shall
issue a clean-up notice upon the owner or occupant of properties found in
violation of sub-sections (a), (b), (c) and (d) of Section 2 above; and upon the
owner of structures found in violation of sub-section (c) of Section 2 above. The
notice shall he in writing, signed by the Code Enforcement Officer, or other
designated official, and delivered to the owner and/or occupant of the property.
The notice shall be delivered to the aforementioned parties in one (1) of the
following two (2) methods:
1. By certified mail, return receipt requested, or
2. By personal delivery, by a city officer or employee, who may be,
but does not have to be, an employee of the Police Department.
C) 3 The Notice shall state the conditions on the subject real property, or structure which are ordered
abated and the Notice shall advise the deliveree that if the conditions listed in the Notice have
not been abated within seven (7) days. the city may proceed with a criminal charge pursuant to
Section 8(b) below and/or shall proceed according to the provisions of this ordinance and other
valid legislative enactments to abate the listed conditions and that the costs of such action shall
be charged to the owner of the subject property, shall constitute a lien on such property and may
be collected as are real property taxes.
B. In case the owner of any lot, structure or other real property is unknown or the
owner's whereabouts are not known or such owner is a non-resident of this State.
then a copy of the written Notice referred to above shall be posted in a
conspicuous place upon the premises. Further, the City Clerk shall make an
Affidavit setting out the facts as to the unknown address or whereabouts of the
nonresident owner. After the execution of the Affidavit by the City Clerk, service
by publication, as now provided for by law against non-resident defendants, may
be had upon the non-resident owner and an Attorney-ad-litem shall be appointed
to notify the nonresident owner by registered letter addressed to his last known
place of residence if same can be found.
C. A clean-up notice issued to an owner or occupant for abatement of a specific
violation of conditions set out in sub-sections (a), (b), (c), and (d) of Section 2
above shall remain in full force and effect within the same calendar year in
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which the notice was issued and shall be considered sufficient notice to said -3-- ,
owner or occupant of any subsequent violation of that specific violation occurring
on that owner's or occupant's lot or other real property within that calendar year.
Any subsequent violation of that specific violation occurring within the calendar
year on the owner's or occupant's lot or other real property upon which notice has
been served shall subject the owner or occupant to the penalties set out within this
Ordinance. The clean-up notice shall advise the owner or occupant that should
they fail to comply with the clean-up notice no subsequent notices will be issued
and that the City will continue to abate the violation throughout the same calendar
year and that the costs of such action shall be so charged and collected.(Ord. No.
26-97, Sec. 7 as amended by Ord. No. 12-2020, Sec. 1).
11.28.08 Enforcement of ordinance Civil enforcement.
A. Clean-up of lots In the event the owner and/or occupant of any real property, who
is given a Notice to abate a condition or conditions pursuant to sub-sections (a),
(b), (c) and (d) of Section 2 above, shall fail or refuse to so comply with such
Notice within the time specified therein, the Mayor may authorize city, staff, or
private persons hired for that purpose, to enter upon the property and have said
weeds, rank grass or other vegetation cut and removed, or eliminate any
unsanitary, and unsightly condition, and the cost thereof, as determined according
the procedures set out this ordinance, shall be charged against said premises and
shall constitute a lien thereon.
B. Condemnation of structures In the event the owner of any real property, who is
given a Notice to abate a condition pursuant to sub-section (c) of Section 2 above,
shall fail or refuse to so comply with such Notice within the time specified
therein, the Code Enforcement Officer shall initiate proceedings to have the
house, building and/or structure condemned.
1. The property owner shall be given a written Notice of Condemnation
Proceedings, signed by the Code Enforcement Officer, which shall give an
adequate description of the house, building and/or structure; the name or
names, if known, of the owner or owners thereof; shall set forth the reason
or reasons said house, building and/or structure is considered in non-
compliance with this ordinance, the legal consequences of failing or
refusing to abate the offensive condition, and shall state the date, time and
4 place of the City Council Meeting at which the issue of the condemnation 1
of the property shall be addressed. The Notice of Condemnation
Proceedings shall be delivered to the owner or owners in one (1) of the
following two (2) methods: t.
a. By certified mail, return receipt requested, or
b. By personal delivery by a city officer or employee, who may be, k
but does not have to be, an employee of the Police Department. F
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2. In case the owner of any lot, structure or other real property is unknown or
the owner's whereabouts are not known or such owner is a non-resident of
this State,then a copy of the written Notice of Condemnation Proceedings
referred to above shall be posted in a conspicuous place upon the
premises. Further,the City Clerk shall make an Affidavit setting out the
facts as to the unknown address or whereabouts of the non-resident owner.
After the execution of the Affidavit by the City Clerk, service by
publication, as now provided for by law against non-resident defendants,
may be had upon the non-resident owner and an Attorney-ad litem shall be
appointed to notify the non-resident owner by registered letter addressed
to his last known place of residence if same can be found. If appropriate,
at the option of the city,the timing and procedure used for service of the
initial clean-up Notice and the Notice of Condemnation Proceedings may
be combined for the purpose of utilizing the Affidavit of the City Clerk,
the service by publication and the service of the Attorney ad litem so that
such Notices may be served upon the non-resident owner or owners
simultaneously.
3. At the City Council Meeting specified in the Notice of Condemnation
proceedings,the City Council shall make a determination as to whether
the condition of the said house,building and/or structure is in compliance
with therovisions of this ordinance or whether the said house,ouse, building
and/or structure constitutes a nuisance. In the event the City Council
determines the house,building and/or structure is a nuisance, the City
Council shall pass a resolution declaring the said house, building and/or
structure to be a nuisance and condemning the property. The resolution
condemning any house, building and/or structure which constitutes a
nuisance shall include in said resolution an adequate description of the
house, building and/or structure; the name or names, if known, of the
owner or owners thereof; shall set forth the reason or reasons said house,
building and/or structure is or has been condemned as a nuisance.
4. After a house, building and/or structure has been found and declared to be
a nuisance and condemned by resolution as herein provided, a true or
certified copy of said resolution shall be mailed to the owner or owners
thereof if the whereabouts of said owner or owners thereof be known or
their last known address be known, and a copy thereof shall be posted at a
conspicuous place on said house, building and/or structure. Provided,that
if the owner or
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owners of said house,building and/or structure be unknown or if his or
their whereabouts or last known address be unknown,the posting of the
copy of said resolution as hereinabove provided will serve as notice.
5. If the house, building and/n; structure constituting a nuisance has not been
repaired,torn down or removed, or said nuisance otherwise abated, within
thirty(30) days after posting the true copy of the resolution at a
conspicuous place on said house, building and/or structure as provided
above,then the said house, building and/or structure may be torn down
and/or removed by the city or its authorized representative and the cost
thereof, as determined according the procedures set out in this ordinance,
shall be charged against said premises and shall constitute a lien thereon.
6. The city employee, or any other person or persons, designated by the
Mayor to tear down and remove any such house, building and/or structure
constituting a nuisance will insure the removal thereof and dispose of the
same in such a manner as deemed appropriate in the circumstances and to
that end may, if the same have a substantial value, sell said house,
building and/or structure or any saleable material thereof,by public sale
to the highest bidder for cash,ten(10) days' notice thereof being first
given by one publication in some newspaper having a general circulation
in the city,to insure its removal and the abatement of the nuisance.
7. All the proceeds of the sale of any such house,building and/or structure,
or the proceeds of the sale of saleable materials therefrom and all fines
collected from the provisions of this ordinance shall be paid by the person
or persons collecting the same,to the City Clerk. If any such house,
building and/or structure, or the saleable materials thereof, be sold for an
amount which exceeds all costs incidental to the abatement of the
nuisance (including the cleaning up of the premises)by the city,plus any
fine or fines imposed, the balance thereof will be returned by the City
Clerk to the former owner or owners of such house building and/or
structure constituting the nuisance.
Criminal enforcement.
A. In addition to the civil enforcement procedures set out herein, in the event the
owner and/or occupant of any real property, who is given a Notice to abate a
condition pursuant to provisions of this ordinance, shall fail or refuse to so
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comply with such Notice within the period of time established for compliance by
such Notice, said owner and/or occupant may be issued a citation by the Code
Enforcement Officer to appear in the Van Buren Municipal Court and upon
conviction thereof shall be deemed guilty of a misdemeanor and shall be subject
to a fine of not less than Twenty-Five Dollars ($25,.00) and each day that such
owner and/or occupant refuses to comply with the Notice after the expiration of
the time limit provided, shall be considered a separate offense and be subject to
the same fine as set out herein,
B. In the event the owner and/or occupant on any real property which is in violation
of the provisions of this ordinance, shall fail or refuse to abate the offensive
condition or conditions and/or fail or refuse to abide by the orders of the District
Court,the City. may also take such civil actions as are provided under sub-section
(a) of this Section. (Ord. No. 26-97, Sec. 8.)
11.28.09 Enforcement of lien If the city has incurred any costs in the clean-up of a lot or
has incurred any net costs in the removal of any house,building and/or structure,the city shall
have a lien upon said property as provided by A.C.A. 14-54-90. The lien imposed for either
occurrence may be enforced in tither one of the following manners:
A. The lien may be enforced at any time within eighteen(18) months after work has
been done,byan action in the ChanceryCourt; ,
B. The amount of the lien herein provided may be determined at a heating before the
City Council,held after thirty (30) days' written notice by certified mail to the
owner or owners of the property if the name and whereabouts of the owner or
owners be known, and if the name of the owner or owners cannot be determined,
then only after publication of notice of such hearing in a newspaper having a bona
fide circulation in Crawford County for one(1) insertion per week for four(4)
consecutive weeks. The determination of the City Council is subject to appeal by
the property owner or owners in the Chancery Court. The amount so determined
at said hearing,plus ten percent(10 %)penalty for collection, shall be certified by
the City Council to the Crawford County Tax Collector, and by that official
placed on the tax books as delinquent taxes, and collected accordingly, and the
amount, less three percent(3 %)thereof, when so collected shall be paid to the
city of Van Buren by the Crawford County Tax Collector.
11.28.10 Supplemental to codes The nuisance abatement regulations and enforcement
procedures set out within this ordinance, arc supplemental to any other public welfare technical
codes, including but not limited to,building, fire, life safety,plumbing, electrical and mechanical
codes, and the enforcement provisions of such codes. (Ord. No. 26-97, Sec. 10.)
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CHAPTER 11.32
BUILDING CODE
Sections:
11.32.01 Adoption of 2002 International Building Code; penalty; amendments
11.32.02 Establishment of office of Building Inspector
11.32.03 Qualifications of Building Inspector
11.32.04 Duties of the Building Inspector
11.32.05 Liability
11.32.06 Right of entry
11.32.07 Definition
11.32.08 Fees
11.32.09 Call back fees
11.32.10 2002 International Residential Code
11.32.01 Adoption of 2002 International Building Code; penalty; amendments
A. There is hereby adopted by reference the 2002 International Building Code and all
appendices for the city of Van Buren, Arkansas, or most recent edition. Three -vri)
copies of the referenced regulatory code are now on file in the office of the Van
Buren City Clerk and the same are hereby adopted by reference and incorporated
as if set out word for word herein. (Ord.No. 4-2003, Sec. 1.)
B. Three (3)copies of this Code are now on file in the office of the Van Buren City
Clerk and the same are hereby adopted by reference and incorporated as if set out
word for word herein. From the date on which this ordinance shall take effect,the
provisions of the aforementioned Code shall be controlling in the construction of
all buildings and other structures within the corporate limits of the city of Van
Buren, Arkansas.
C. A.C.A. 15-55-102 empowers municipal corporations to adopt ordinances to
provide for the safely,health, comfort, and convenience of inhabitants of the city.
Violations of the Standard Building Code shall be considered a violation of this
ordinance, and shall be punishable as a misdemeanor offense and shall be
punishable by a fine of up to Two Hundred Fifty Dollars($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 Two
Hundred Fifty Dollars($250.00)per day. (Ord.No. 14-99, Sec 3.)
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D. That Chapter XVI, Section 1602.5 shall be amended to add Subsection 1602.5.4
which shall read as follows: "Concrete utilizing fiber reinforcement rather than
metal reinforcement shall be allowed so long as the concrete otherwise meets the
strength and thickness requirements of Chapter XVI of the Building Code,
however, such fiber reinforced concrete shall not be substituted for structural
concrete (concrete designed with reinforcement for flexural strength)." (Ord.No.
16-91, Sec. 1.)
11.32.02 Establishment of office of Building Inspector
A. The office of the Building Inspector is hereby created.
B. The Building Inspector shall be appointed by the Mayor. His appointment shall
continue during good behavior and satisfactory service. He shall not be removed
from office except for cause after full opportunity has been given him to be heard
on specific charges.
C. During temporary absence or disability of the Building Inspector the Mayor shall
designate an acting Building Inspector.
11.32.03 Qualifications of Building Inspector He shall be in good health,physically
capable of making the necessary examinations and inspections. He shall not have any interest
whatever, directly or indirectly, in the sale or manufacture of any material,process or device
entering into or used in or connected with building construction, alterations, removal and
demolition.
11.32.07 Definition Whenever the term"Corporation Counsel" is used in the building
code, it shall be held to mean the City Attorney or other attorney acting for the city.
11.32.08 Fees
A. For the erecting of new construction, either residential or commercial,the fee
shall be $.10 per square foot under roof, of which$.03 per square foot shall be
appropriated and deposited into the Sidewalk construction and Maintenance Fund.
B. For additions upon a building or structure, such as garages, carports, covered
decks and patios,the fee shall be the same for new construction as set out in
paragraph(A)with the same dispersal of monies collected.
C. For the remodeling of a building or structure, either residential or commercial, the
fee shall be $.10 per square foot for the area being remodeled, of which$.03 per
square foot shall be appropriated and deposited into the Sidewalk construction
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and Maintenance Fund. There shall be a minimum Building Permit Fee of Ten
Dollars ($10.00) collected for said construction.
D. For the moving of a building or structure,the fee shall be Ten Dollars ($10.00)
and there shall be no cash bond required.
E. For the demolition and removal of a building or structure,the fee shall be Ten
Dollars ($10.00), plus a returnable cash bond of Five Hundred Dollars ($500.00).
F. For the installation of swimming pools,the fee shall be $.10 per square foot, or
which$.03 per square foot shall be appropriated and deposited into the Sidewalk
Construction and Maintenance Fund. (Ord.No. 6-97, Sec. 1.)
11.32.09 Call back fees If any building or structure fails for any reason,to pass the
Building Inspector's inspection and the Building Inspector has to re-inspect said building or
structure,there will be an additional charge of Five Dollars ($5.00) for each inspection; and any
and all fees shall be paid by the person to whom the permit is issued.
11.32.10 2002 International Residential Code There is hereby adopted by reference the
2002 International Residential Code for One and Two Family Dwellings and appendices for the
city of Van Buren, Arkansas, or most recent edition. Three copies of the referenced regulatory
code are now on file in the office of the Van Buren City Clerk and the same are hereby adopted
by reference and incorporated as if set out word for word herein. (Ord.No. 4-03, Sec. 1.)
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CHAPTER 11.36
ENERGY CODE
Sections:
11.36.01 Adopted
11.36.01 Adopted There is hereby adopted by the City Council of Van Buren,Arkansas,
for the purpose of establishing rules and regulations for energy efficient standards for new
building construction, this code known as the 2014 Arkansas Energy Code, being particularly the
2014 Arkansas Energy Code edition thereof and the whole thereof, save and except such portions
as are hereinafter deleted, modified, or amended, or which not less than one (1) copy of this
ordinance, as well as one (1) copy of the 2014 Arkansas Energy Code will be on file in the office
of the Clerk or Recorder of the city of Van Buren, Arkansas. The same is hereby adopted and
incorporated as fully as if set out at length herein, and from the date on which this code shall take
effect, the provisions thereof shall be controlling in the construction of all buildings and
structures therein contained within the corporate limits of the city of Van Buren,Arkansas. (Ord.
No. 17-2014, Secs. 1-2.)
CHAPTER 11.44
MECHANICAL CODE
Sections:
11.44.01 Adopted
11.44.01 Adopted There is hereby adopted by reference the 2010 edition of the Arkansas
Mechanical Code. One copy of the referenced regulatory code is now on file in the office of the
Van Buren City Clerk and the same is hereby adopted by reference and incorporated as if set out
word for word herein. (Ord. No. 15-2001, Sec. 1.)
C
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CHAPTER 11.48
GRADING AND EROSION CONTROL
Sections:
11.48.01 Purpose
11.48.02 Definitions
11.48.03 Permits
11.48.04 Review and approval
11.48.05 Erosion and Sediment Control Plan
11.48.06 Design requirements
11.48.07 Storm Water Pollution Prevention
11.48.08 Inspection
11.48.09 Enforcement
11.48.01 Purpose During the construction process, drainage patterns are often altered
and soil is highly vulnerable to erosion by wind and water. Improper grading can concentrate or
redirect drainage flow negatively impacting neighborhoods and increase soil erosion. Eroded
soil endangers water resources by reducing water quality and causing the siltation of aquatic -,44)
habitat for fish and other desirable species. Eroded soil also necessitates repair and cleaning of
sewers, ditches, streams and ponds. In addition, clearing and grading during construction cause
the loss of native vegetation necessary for terrestrial and aquatic habitat.
As a result,the purpose of this local regulation is to safeguard persons,protect property,
and prevent damage to the environment within the city of Van Buren. This ordinance will
promote public awareness of the hazards involved in the improper discharge of hazardous
substances,petroleum products,household hazardous waste, industrial waste, sediment from
construction sites, pesticides,herbicides, fertilizers, and other contaminants into the storm sewers
and natural waters of the city of Van Buren. This ordinance will facilitate compliance with state
and federal standards and permits by owners and operators of industrial and construction sites
within the city of Van Buren. This ordinance will also promote the public welfare by guiding,
regulating, and controlling the design, construction,use, and maintenance of any development or
other activity that disturbs or breaks the topsoil, results in the movement of earth or impacts
drainage flow on land in the city of Van Buren. (Ord.No. 2-2013, Sec. 1.)
11.48.02 Definitions
Building Department The Building Department of the city of Van Buren or its
designated representative.
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Clearing Any activity that removes the vegetative surface cover.
Drainage way Any channel that conveys surface runoff throughout the site.
Erosion control A measure that prevents erosion.
Erosion and Sediment Control Plan A set of plans indicating the specific measures and
sequencing to be used to control sediment and erosion on a development site during and after
construction.
Grading Excavation or fill of material, including the resulting conditions thereof
NPDES permit A permit issued by the EPA(Environmental Protection Agency) or by
the state under authority delegated pursuant to 33 USC 1342(b) that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable on an individual,
group, or general area-wide basis.
Operator The person or persons who,wither individually or taken together, meet the
following criteria:
A. They have operational control over the facility specifications (including the ability
to make modifications in specifications); and
B. They have the day-to-day operational control over those activities at the facility
necessary to ensure compliance with pollution prevention requirements and any
permit conditions.
Perimeter control A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
Phasing Clearing a parcel of land in distinct phases, with the stabilization of each phase
completed before the clearing of the next.
Sediment control Measures that prevent eroded sediment from leaving the site.
Site A parcel of land or a contiguous combination thereof,where grading work is
performed as a single unified operation.
Site development permit A permit issued by the municipality for the construction or
alteration of ground improvements and structures for the control of erosion,runoff and grading.
Stabilization The use of practices that prevent exposed soil from eroding.
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vs)
Start of construction The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling; installation of streets and
walkways; excavation for basements, footings, piers, or foundations; erection of temporary
forms; and installation of accessory buildings such as garages.
Watercourse Any body of water, including, but not limited to lakes,ponds,rivers,
streams, and bodies of water delineated by the city of Van Buren.
Waterway A channel that directs surface runoff to a watercourse or to the public storm
drain. (Ord. No. 2-2013, Sec. 2.)
11.48.03 Permits
A. No person shall conduct clearing or grading activity that would require the
clearing of one (1) acre or more without first obtaining a site development permit
from the city of Van Buren.
B. No site development permit is required for the following activities:
1. Any emergency activity that is immediately necessary for the protection of
life, property, or natural resources.
2. Existing nursery and agricultural operations.
C. Each application for a site development permit shall bear the name(s) and address
of the owner or developer of the site, and the name and contact information of the
applicant's authorized representative.
D. Each application for a site development permit shall include an Erosion and
Sediment Control Plan.
E. A site development permit is required in association with all Building Permits for
new construction. No person shall conduct clearing or grading activity until both
the Building Permit and associated site development permit have been issued by
the city of Van Buren. There shall be a Twenty-Five Dollar($25.00)Erosion and
Sediment Control Plan review fee which shall be placed in a special fund to pay
for the implementation and maintenance of these regulations. (Ord.No. 2-2013,
Sec. 3.)
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11.48.04 Review and approval
A. The Building Department will receive and review each application for a site
development permit to determine its conformance with the provisions of this
regulation. Within seven working days after receiving an application, Building
Department shall, in writing:
1. Approve the permit application;
2. Approve the permit application subject to such reasonable conditions as
may be necessary to secure substantially the objectives of this regulation,
and issue the permit subject to these conditions; or
3. Disapprove the permit application, indicating the reason(s) and procedure
for submitting a revised application and/or submission.
B. Failure of the Building Department to act on an original or revised application
within thirty(30) days of receipt shall authorize the applicant to proceed in
accordance with the plans as filed unless such time is extended by agreement
between the applicant and Building Department. (Ord.No. 2-2013, Sec. 4.)
11.48.05 Erosion and Sediment Control Plan
A. The Erosion and Sediment Control Plan shall include the following:
1. A site map at a scale no smaller than 1" = 100' showing erosion and
sediment control proposed for the site.
2. A sequence of clearing and grading activities anticipated for construction
of the development site. Sequencing shall include the anticipated dates for
the start of construction, installation of temporary erosion and sediment
control measures, and establishment of permanent vegetation.
3. Erosion and sediment control measures necessary to meet the objectives of
this ordinance that will remain installed and functioning throughout all
phases of construction and after completion of development of the site
until soil stabilization with permanent vegetation.
4. Proposed seeding mixtures and rates,types of sod, method of seedbed
preparation, expected seeding dates, kind and quantity of mulching for
both temporary erosion control and permanent vegetative stabilization.
5. Provisions for maintenance of control facilities until the site soils are
stabilization with permanent vegetation.
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B. Modifications to the plan shall be processed and approved or disapproved in the
same manner as 11.48.04 of this ordinance. (Ord. No. 2-2013, Sec. 5.)
11.48.06 Design requirements
A. Grading, erosion control practices, sediment control practices, and waterway
crossings shall meet the Best Management Practices(BMP) identified by the US
Environmental Protection Agency, and shall be adequate to prevent transportation
of sediment from the site to the satisfaction of Building Department. Cut and fill
slopes shall be no greater than 2:1, except as approved by Building Department to
meet other community or environmental objectives.
B. Clearing and grading of natural resources, such as forests and wetlands, shall not
be permitted, except when in compliance with this ordinance, state and federal
law. Site grading must meet the following requirements:
1. The site must drain away from all buildings and toward the city's street or
a dedicated drainage ditch.
2. The site should be graded to provide a minimum of 6" of fall in 10 feet
away from building foundations.
3. Drainage should be directed away from adjacent lots to the maximum
extent possible.
C. Clearing, except that necessary to establish sediment control devices, shall not
begin until all sediment control measures have been installed in accordance with
the requirements of the site development permit.
D. Phasing shall be required on all sites disturbing greater than thirty (30) acres, with
the size of each phase to be established at plan review and as approved by
Building Department.
E. Erosion control requirements shall include the following:
1. Soil stabilization shall be completed within one week of clearing of
inactivity in construction.
2. If seeding or other vegetative erosion control method is used, it shall
become established within two weeks or the Building Department may
require that the site to be reseeded and/or mulch to stabilize the site.
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3. Special techniques that meet the BMP on steep slopes or in drainage ways
shall be used to ensure stabilization.
4. Soil stockpiles must be stabilized when inactive for periods longer than
two weeks.
5. The entire site must be stabilized by seeding and mulching when site
grading is complete. The Building Department may require stabilization
of any part of the site that will remain inactive for longer than two weeks
or when an erosion problem is identified.
6. Techniques that divert upland runoff past disturbed slopes shall be
employed.
F. Sediment controls requirements shall include:
1. Settling basins, sediment traps, and perimeter controls.
2. Settling basins that are designed in a manner that allows adaptation to
provide long-term storm water management, if required by Building
Department.
3. Protection for adjacent properties by the use of a vegetated buffer strip in
combination with perimeter controls.
i
G. Waterway and watercourse protection requirements shall include:
1. A temporary stream crossing if a wet watercourse will be crossed
regularly during construction.
2. Stabilization of the watercourse channel after any in-channel work.
3. All on-site storm water conveyance channels must be designated in
accordance with the Van Buren Minimum Drainage Standards.
4. Stabilization adequate to prevent erosion located at the outlets of all pipes
and paved channels.
H. Construction site access requirements shall include:
1. A temporary access road provided at all sites.
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2. Other measures required by Building Department in order to ensure that
sediment is not washed into storm drains and construction vehicles do not
track sediment onto public streets. (Ord.No. 2-2013, Sec. 6.)
11.48.07 Storm Water Pollution Prevention
A. Prohibitions
1. Illicit discharges are prohibited. An illicit discharge is a storm drain that
has measurable flow containing pollutants and/or pathogens. No person
shall discharge anything but uncontaminated storm water into the storm
drainage system. Common storm water contaminants include trash, yard
waste, wastewater, oil, petroleum products, cleaning products,paint
products, hazardous waste and sediment.
2. Illicit connections are prohibited. Illicit connections are any drain or
conveyance which allows an illicit discharge to enter the storm drainage
system. This prohibition includes illicit connections made in the past,
regardless of whether the connection was permissible at the time of
connection.
3. No person shall connect a line conveying sanitary sewage, domestic
sewage or industrial waste,to the storm drainage system, or allow such a
connection to continue.
B. Exemptions The following non-storm water discharges are acceptable and not a
violation of this section:
1. A discharge authorized by a National Pollutant Discharge Elimination
System (NPDES) permit other than the NPDES permit for discharges from
the MS4;
2. Uncontaminated waterline flushing and other infrequent discharges from
potable water sources;
3. Infrequent uncontaminated discharge from landscape irrigation or lawn
watering;
4. Discharge from the occasional noncommercial washing of vehicles within
zoned residential areas;
5. Uncontaminated discharge from foundation, footing or crawl space drains,
sump pumps and air-conditioning condensation drains;
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6. Uncontaminated groundwater;
7. Diverted stream flows and natural riparian habitat or wetland flows;
8. A discharge of flow of fire protection water that does not contain oil or
hazardous substances or materials.
9. Any other non-storm water discharge determined by the City Engineer to
meet the standards and objectives of this section.
C. Requirements applicable to certain discharges
1. Private drainage system maintenance The owner of any private drainage
system shall maintain the system to prevent or reduce the discharge of
pollutants. This maintenance shall include, but is not limited to, sediment
removal, bank erosion repairs,maintenance of vegetative cover, and
removal of debris from pipes and structures.
2. Minimization of irrigation runoff Concentrated flow of irrigation water to
the storm drainage system is prohibited. Irrigation systems shall be
managed to reduce the discharge of water from a site.
3. Cleaning of paved surfaces required The owner of nay paved parking lot,
street or drive shall clean the pavement as required to prevent the buildup
and discharge of pollutants. The visible buildup of mechanical fluid,
waste materials, sediment or debris is a violation of this chapter. Paved
surfaces shall be cleaned by dry sweeping, wet vacuum sweeping,
collection and treatment of wash water or other methods in compliance
with this code. Material shall not be swept or washed into the storm
drainage system. This section does not apply to pollutants discharged
from construction activities.
4. Maintenance of equipment Any leak or spill related to equipment
maintenance in an outdoor, uncovered area shall be contained to prevent
the potential release of pollutants. Vehicles,machinery and equipment
must be maintained to reduce leaking fluids.
5. Materials storage Materials shall be stored to prevent the potential release
of pollutants. The uncovered, outdoor storage of unsealed containers of
hazardous substances is prohibited.
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6. Pesticides, herbicides and fertilizers Pesticides,herbicides and fertilizers
shall be applied in accordance with manufacturer recommendations and
applicable laws. Excessive application shall be avoided.
7. Open drainage channel maintenance Every person owning or occupying
property through which an open drainage channel passes shall prevent
trash, debris, excessive vegetation, and other obstacles from their property
from entering the drainage channel.
D. Release reporting and cleanup Any person responsible for a release of materials
which are or may result in illicit discharges to the storm drainage system shall
take all necessary steps to ensure the discovery, containment,abatement and
cleanup of such release. In the event of such a release of a hazardous material,
said person shall comply with all state, federal and local laws requiring reporting,
cleanup, containment, and any other appropriate remedial action in response to
the release.
E. Permits required
1. Five-acre or greater disturbances All operators of sites of construction
activity including clearing, grading and excavation activities,that result in
the disturbance of five (5) of more acres of total land area, or that are part
of a common plan of development or sale within which five (5) of more
acres of total land area are disturbed, or who are required to obtain an
NPDES permit for storm water discharges associated with construction
activity, shall comply with the following requirements, in addition to those
previously mentioned in 11.48.07 and in the grading and erosion control
regulations:
a. The operator shall complete a Medium Construction Site Notice
for sites that disturb five (5)to ten(10) acres and a Large
Construction Site Notice for sites that disturb more than ten(100
acres. These forms are obtainable from the Arkansas Department
of Environmental Quality (ADEM) or the Planning Department.
The operator must post such notice in a conspicuous location at the
construction site prior to the start of construction. If the
construction activity is already underway upon the effective date of
these regulations,the notice shall be posted within thirty(30)days.
b. Any operator who intends to obtain coverage for storm water
discharges from a construction site under the NPDES General
Permit for Storm Water Discharges from Construction Site (the
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Construction Storm Water General Permit) shall submit a signed
copy of its Notice of Intent(NOI)to the Building Department at
least two (2) days prior to the commencement of construction
activities. If the construction activity is already underway upon the
effective date of these regulations the NOI shall be submitted
within seven(7) days. For storm water discharges from
construction sites where the operator changes, an NOI shall be
submitted at least two (2) days prior to when the operator
commences work at the site.
2. Less than a five (5) acre disturbance All operators of sites of construction
activity, including clearing, grading, and excavation activities,that result
in the disturbance of less than five (5) acres of total land areas, shall
comply with the following requirements in addition to those previously
mentioned in 11.48.07 and in the grading and erosion control regulations:
The operator shall complete a Small Construction Site Notice obtainable
from the Arkansas Department of Environmental Quality(ADEQ) or the
Planning Department and post such notice in a conspicuous location at the
construction site prior to the start of construction. If the construction
activity is already underway upon the effective date of these regulations,
the notice shall be posted within thirty (30) days.
3. Industrial activity Any operator who intends to obtain coverage for storm
water discharges associated with industrial activity under the NPDES
General Permit for Storm Water Discharges Associated with Industrial
Activity(the Industrial General Permit) shall submit a signed copy of its
Notice of Intent to the Building Department at least two (2) days prior to
commencement of construction activities.
F. Authorization to adopt and impose Best Management Practices The city may
adopt and impose a Best Management Practices Manual and requirements
identifying Best Management Practices for any activity, operation, or facility,
which may cause a discharge of pollutants to the storm drainage system. Where
specific BMP's are required, every person undertaking such activity or operation,
or owning, or operating such facility shall implement and maintain these BMP's
at their owner expense. (Ord. No. 2-2013, Sec. 7.)
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11.48.08 Inspection
A. Building Department shall have full access to the site for inspections to insure
compliance with the approved Erosion and Sediment Control Plan and Storm
Water Pollution Prevention regulations.
B. A copy of the site development permit and approved Erosion and Sediment
Control Plan shall be maintained at the site throughout site development.
C. The permit holder or his/her representative shall make regular inspections of all
control measures to insure compliance with the approved Erosion and Sediment
Control Plan(s). The purpose of such inspections will be to determine the overall
effectiveness of the control plan and the need for additional control measures. All
inspections and inspection dates shall be documented in written form and
available on site for review by the Building Department. (Ord.No. 2-2013, Sec.
8.)
11.48.08 Enforcement
A. Stop-work order, revocation of permit In the event that any person holding a site
development permit pursuant to this ordinance violates the terms of the permit or
this ordinance the Building Department may suspend or revoke the site
development permit and any associated building or development permits.
B. Violation and penalties No person shall construct, enlarge, alter, repair, or
maintain any grading, excavation, or fill, or cause the same to be done, contrary to
or in violation of any terms of this ordinance. Any person violating any of the
provisions of this ordinance shall be deemed guilty of a misdemeanor and each
day during which any violation of any of the provisions of this ordinance is
committed, continued, or permitted, shall constitute a separate offense. Upon
conviction of any such violation, such person,partnership, or corporation shall be
punished by a fine of not more than Two Hundred Fifty Dollars ($250.00)for
each offense. In addition to any other penalty authorized by this section, any
person,partnership, or corporation convicted of violating any of the provisions of
this ordinance shall be required to bear the expense of such restoration. (Ord. No.
2013, Sec. 9.)
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CHAPTER 11.52
HOUSE NUMBERING
Sections:
11.52.01 Responsibility
11.52.02 Numbering system
11.52.03 Platted subdivisions
11.52.04 Owners to provide numbers
11.52.05 Variance procedure
11.52.01 Responsibility Property addresses within the Van Buren city limits shall be the
responsibility of the city of Van Buren. The Mayor's authorized representative, herein called the
City Representative, shall assign new property addresses in accordance with this ordinance.
(Ord. No. 1-2006, Sec. 1.)
11.52.02 Numbering system
A. Within the city of Van Buren, the north-south addressing baseline is hereby
designated as Arkansas Highway 59 from the north city limits extending south to
Hemlock Avenue then west to the west end of Hemlock Avenue,then south along
Highland Avenue to Elm Avenue and continuing south along Major Henry to the
c
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Nisi)
Arkansas River and the east-west addressing baseline is hereby is hereby
designated as Main Street/Kibler Road(AR Hwy 162) from the Arkansas River to
the east city limits. All avenues, streets and alleys running generally north and
south shall be numbered to increase from the east-west addressing baseline
consecutively to the city limits or the extremity of such avenue, alley or street.
Avenues, streets or alleys running generally east and west shall be numbered to
increase from the north-south addressing baseline in the same manner.
B. One whole number shall have been assigned for every twenty-five (25) feet of
street frontage whether improved property or vacant lot on every street within the
corporate limits. Odd numbers shall be assigned to the left side of the street on all
north-south streets as address numbers increase away from the east-west
addressing baseline, and even numbers on the right side. On east-west streets,
odd numbers shall be assigned to the left side of the street as address numbers
increase away from the north-south addressing baseline, and even numbers on the
right side.
C. All numbers assigned to property and buildings shall be assigned on the basis of
one for each twenty-five (25) feet street frontage. Where a lot of record is in
excess of twenty-five (25) feet of road frontage, with a single building accessed
by a driveway,the building address shall be the nearest address number
corresponding to the location of the building's front door.
D. For a building located along a driveway or unnamed private road, which is visible
from a public street,the address number shall be the nearest number
corresponding to the junction of the driveway with the public street.
E. All address numbers assigned to buildings shall be assigned to the front(front
entrance side) of the building. (Ord.No. 1-2006, Sec. 2.)
11.52.03 Platted subdivisions In platted residential subdivisions,the City
Representative shall assign each lot an address. Address numbers will be assigned to the center
of each lot. Address numbers shall be assigned to lots in the appropriate odd or even numerical
sequence in accordance with 11.52.02. Corner lots shall be assigned two (2)addresses. The City
Representative, based on the building permit site plan, will determine the official address for
corner lots. The front building entrance shall establish the front of the building for purposes of
addressing and determining building setback requirements. (Ord. No. 1-2006, Sec. 3.)
11.52.04 Owners to provide numbers Every property owner of improved property for
which a building permit is issued shall purchase and display in a conspicuous place on said
property the address number assigned. The number herein required shall not be less than three
(3) inches in height and shall be of durable reflective material to enhance visibility. The
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number(s) shall be conspicuously placed on the front of each building so that the number is
visible from and oriented toward the street on which the number is based. Whenever any
building is situated so it is not clearly visible from the street the number(s) assigned shall be
placed near the driveway or common entrance to such buildings. Numbers painted or stenciled
on shall not be a substitute for the display of address numbers as described in this Article. No
occupancy certificate shall be issued for any improved property for which a building permit is
issued until the provisions of this ordinance have been met. (Ord.No. 1-2006, Sec. 4.)
11.52.05 Variance procedure An appeal or application for variance may be made to the
Board of Adjustment by any person, firm or corporation aggrieved, or by any governmental
officer, department, board or bureau affected by any decision of the City Representative herein,
based in whole or in part upon the provisions of this ordinance. The Board of Adjustment shall
publish a notice of the time and place of a public hearing upon such appeal or application for
variation; such notice shall be published at least once, not less than ten(10) days preceding the
date of such hearing in an official paper or newspaper of general circulation in Van Buren, such
notice to contain the particular location for which the appeal or variation is requested as well as a
brief statement of what the proposed appeal or variation consists of. A sign three (3) feet wide
and four(4) feet high shall be placed upon the property by the Building Inspector giving the date,
place of the public hearing and what the appeal or variance consists of, fifteen(15) days before
the date of the public hearing. The Board shall also give notice of such hearing to interested
persons and organizations as it shall deem feasible and practicable. Upon the date of the hearing
any party may appear before the board in person or by attorney. The applicant shall be required
to pay a filing fee of Ten Dollars ($10.00)to cover the cost of publishing and mailing notices and
such other expenses as may be incurred in connection with such appeal or application. (Ord. No.
1-2006, Sec. 5.)
C1. 190.5