ORD NO 01-2002 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. —2002
AN ORDINANCE AMENDING SUBDIVISION ORDINANCE NO. 14 -1991.
WHEREAS, The Van Buren Planning Commission desires to revise the
Subdivision Ordinance in order to streamline procedures
for guarantees of improvements and to provide new
regulations for maintenance warranties; and
WHEREAS, A Public Hearing has been held as required by law and the
Planning Commission has recommended said revision to
the Van Buren City Council for approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS:
SECTION 1: THAT henceforth. Article IV_. Section g of said Ordinance
shall read as follows:
"GUARANTEES IN LIEU OF INSTALLATION
OF IMPROVEMENTS.
The Planning Commission may approve the Final
Plat (see Article II b. 6) of a subdivision prior to the
installation of all required improvements when the
Subdivider deposits cash, a performance and
payment bond. or an irrevocable letter of credit with
the City in an amount sufficient to insure
construction of all required improvements. 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 detemlined 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 IV. j), the Subdivider may withdraw any
deposit made in lieu of installation of
improvements."
SECTION THAT henceforth. Article IV. Section i of said Ordinance
shall read as follows:
"MAINTENANCE WARRANTY.
Upon acceptable completion of all required
subdivision improvements and prior to the
commencement of the "warranty" period, the
Subdivider shall provide to the City a written
maintenance warranty. The maintenance warranty
must state that for a period of 12 months the
Subdivider will maintain, repair and reconstruct the
subdivision improvements in whole or in part if
failure occurs due to defective design, defective
materials 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 Subdivider to
financially assure the maintenance warranty."
SECTION 3: THAT henceforth, Article IV, Section j of said Ordinance
shall read as follows:
"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
Subdivider 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 IV, i);
3) Deposit of financial assurance of the
maintenance warranty (see Article IV, i);
4) Certified cost of improvements;
5) Quality control inspection and test results;
6) "As- Built" or record drawings;
7) Engineer's certification (see Article IV, 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 Subdivider 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 Subdivider may
withdraw any deposit made for financial assurance
of the maintenance warranty."
SECTION 4: 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 5: 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 018 DAY OF JANUARY 2002.
41 t..:
VIAY R a I) HN RIGGS T/
ATT A
CITY CLERK \TREASURER