ORD NO 20-2017 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO620 -2017
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 10-2015, SECTION 3,
TO ALLOW A FEE-IN-LIEU OF SIDEWALK CONSTRUCTION WHEN
CERTAIN CONDITIONS ARE MET,AND FOR OTHER PURPOSES.
WHEREAS, Ordinance No. 10-2015 established regulations to require the construction of sidewalks in •
new residential, commercial, and industrial construction; and
WHEREAS, adding a new provision for a fee-in-lieu of construction will streamline the building
permit process and ensure that sidewalks are built where needed; and
WHEREAS, notice of a Public Hearing was duly published, and a Public Hearing was conducted by
the Van Buren Planning Commission to consider this amendment; and
WHEREAS, the proposed amendment herein was recommended by a unanimous vote of the entire
Planning Commission.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: Ordinance No. 10-2015, Section 3 originally states:
Where exceptional topographic conditions,or other extraordinary situations,or
conditions of a piece of property prohibit sidewalks from being constructed in accordance
with city standards and specifications,a variance may be applied for through the Planning
Commission, in accordance with the procedures for requesting a variance in the Van
Buren Zoning Code.
SECTION 2: Ordinance No. 10-2015, Section 3 is hereby amended as follows:
At the discretion of the Planning Department, applicants may submit a fee payment to the
sidewalk construction fund in lieu of sidewalk construction. The amount of the fee will
be determined as the actual dollar value of sidewalk construction for sidewalks that are
required. The dollar value of the sidewalk improvements will be determined by the
project engineer and approved by the Planning Department. Should the applicant desire
to appeal the Planning Departments determination of the fee-in-lieu,the appeal would be
made to the city of Van Buren Planning Commission for a final determination.
Donations to the sidewalk construction fund may be accepted where;
a) The required sidewalks are along an existing street that has no existing sidewalk
network; or
b) The Planning Department determines the construction of a sidewalk is not feasible.
When a fee payment to the sidewalk fund is accepted,the sidewalk assessment portion of
the building permit fee required by Chapter 9.40 of the Van Buren Municipal Code will
not be required for the initial permit on any of the individual lots within the subdivision.
All subsequent permits for improvements on the individual lots will include the sidewalk
assessment portion of the building permit fee.
SECTION 3: The provisions of this ordinance are hereby declared to be severable and if any section,
phrase,provision,or application shall be declared or held invalid, such invalidity shall
not affect the remained of the sections,phrases,provisions, or applications.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve, and adopt, by a vote of 6, for and V against the foregoing Ordinance at its regular meeting
held on the 27th day of November 2017.
•
RoIert 0
Mayor
ATTESTED: A RO ! : S TO FORM:
Ph llis ho
Y Candice A. Settle
City Clerk/Treasurer City Attorney