ORD NO 05-2020 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO.05-2020
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, AS AMENDED TO ESTABLISH THE RATE FOR
DETERMINING THE PAYMENT IN LIEU OF SIDEWALK
CONSTRUCTION.
WHEREAS, Ordinance No. 10-2015 established regulations to require the construction of
sidewalks in new residential, commercial, and industrial construction; and
WHEREAS, Ordinance No. 20-2017 amended Ordinance No. 10-2015 establishing a provision
for a fee-in-lieu of construction; and
WHEREAS, implementing a standard rate for the fee-in-lieu is necessary to establish
consistent criteria for determining the fee; 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: Section 3 of Ordinance No. 10-2015, as amended, is hereby amended as follows:
At the discretion of the Planning Department, applicants will submit a fee payment
to the sidewalk construction fund in lieu of sidewalk construction. The payment in
lieu shall be calculated at a rate of$20.00 per linear foot. This calculated rate will
be reviewed annually by the Van Buren Planning Commission and any
recommended changes will be forwarded to the City Council. 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.
Fee payments 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 before 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 2: 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 remainder 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 62 for and 0 against the foregoing Ordinance at its
regular meeting held on the 24th day of February 2020.
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Josepj'. ' .rst
May.
ATTESTED: ,,AFP-' !V 1 : S TO FORM:
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' y is Thomas C. ..ice A. Settle
City Clerk/Treasurer City Attorney
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City of Van Buren, Arkansas
AnnexMunicipal
111 North 12th Street • Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: SIDEWALK ORDINANCE AMENDMENT
DATE: FEBRUARY 18,2020
The current sidewalk ordinance has a provision for the payment of a fee-in-lieu of construction.
The provision states that the amount of the fee will be determined as the actual dollar value of
sidewalk construction for sidewalks that are required.A recent variance request revealed that the
actual dollar value of a sidewalk construction at some locations can be very expensive and
maybe unreasonable or exorbitant.
After doing some research with two cities that have similar ordinances,I found they are using a
specific cost to determine the dollar value of the fee payment. I also reached out to a local civil
engineering firm to obtain their input on basic sidewalk construction costs. The cost they are
using is based on what it costs them to construct a basic sidewalk.All three(3)gave me
essentially the same cost figures which equates to about$20.00 a linear foot.
After reviewing this subject,the Planning Commission agreed that establishing a standard rate
for the fee-in-lieu payment will develop consistent criteria for determining the fee. I am
proposing an Ordinance amendment that establishes the fee at$20 per linear foot and establishes
an annual review by the Planning Commission so that any changes to the fee can be
recommended to the City Council.
Please let me know if you need any additional information for our discussion at the meeting.
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. -2020
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,AS AMENDED
TO ESTABLISH THE RATE FOR DETERMINING THE PAYMENT IN LIEU OF
SIDEWALK CONSTRUCTION
WHEREAS, Ordinance No. 10-2015 established regulations to require the construction of
sidewalks in new residential,commercial,and industrial construction; and
WHEREAS, Ordinance No. 20-2017 amended Ordinance No. 10-2015 established a provision
for a fee—in-lieu of construction;and
WHEREAS, establishing a standard rate for the fee-in-lieu is necessary to establish consistent
criteria; 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 VANBUREN,ARKANSAS,THAT:
SECTION 1: Section 3 of Ordinance No. 10-2015,as amended, is hereby amended as follows:
At the discretion of the Planning Department,applicants may will submit a fee
payment to the sidewalk construction fund in lieu of sidewalk construction. The
payment in lieu shall be calculated at a rate of$20.00 per linear foot.This
calculated rate will be reviewed annually by the Van Buren Planning Commission
and recommended changes will be recommended to the City Council. The
•
• a 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 before 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 2: 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 remainder 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 for and against the foregoing Ordinance at its
regular meeting held on the 24th day of February 2020.
Joseph P. Hurst
Mayor
ATTESTED: APPROVED AS TO FORM:
Phyllis Thomas Candice A. Settle
City Clerk/Treasurer City Attorney