ORD NO 12-2022 t
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. )Z -2022
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING THE SUBDIVISION
REGULATIONS TO AMEND THE SUBDIVISION
DEFINITION AND ESTABLISH STANDARDS FOR
PRIVATE ACCESS EASEMENTS AND PRIVATE STREETS
AND FOR OTHER PURPOSES
WHEREAS, the City adopted Ordinance 07-2003 for the purpose of adopting subdivision
regulations establishing regulations governing development of land in the City of
Van Buren; and
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted
by the Van Buren Planning Commission on February 1, 2020, to consider these
proposed amendments; and
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire
Planning Commission; and
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: Article 1 - GENERAL PROVISIONS, Section E(Definitions),paragraph 15, of
the Subdivision Regulations is amended to read as follows:
15. Subdivision—within the corporate city limits and within the planning
jurisdiction shall mean the division of or the assimilation of one (1)or more
parcels of land into two (2) or more parcels, building sites or other divisions for
sale or building development.
Any property within the corporate city limits or the planning jurisdiction that
includes the development of land resulting in the need for access to lots and
parcels, the need to provide or extend utilities,the need to improve adjacent
infrastructure due to insufficient existing capacity and the added demand resulting
from proposed development or the need to achieve conformance with the Master
Street Plan shall be considered a subdivision and subject to this ordinance.
a. Minor subdivision-a minor subdivision is a subdivision with no
more than two lots or is a re-plat of an existing subdivisions.
b. Maior subdivision- a major subdivision is a subdivision with three
or more lots.
SECTION 2: Article IV—MINIMUM DESIGN STANDARDS, Section G(Streets) of the
Subdivision Regulations is amended to read as follows:
1. Public Streets. All street design and construction shall be in accordance with
the Van Buren Master Street Plan and Minimum Street Standards.
2. Access Easements. The planning commission may approve private vehicular
access easements as ingress and egress for lots provided all the following
conditions are met:
a. A private vehicular access easement is permitted in multifamily,
commercial, and industrial subdivisions or developments. Access
easements for single family developments are allowed to provide access to
no more than two lots. More than two single family lots require fire official
and planning commission approval.
b. The easement shall be at least twenty-six feet wide and not more than four
hundred feet in length. Greater than four hundred feet may be permitted
with Fire Official and Planning Commission approval. The easement shall
comply with all the standards for public streets and utilities as provided in
this section and the Arkansas Fire Code standards for supporting the weight
of fire-fighting apparatus(75,000 lbs.).Access easements may be approved
without curb and gutter. Guarantees and warrantees as required by the
subdivision regulations must be submitted.
C. The entire width of the easement shall be covered with an approved all-
weather surface such as concrete, asphalt, brick, graded and compacted
gravel,- or similar comparable materials treated to prevent dust and
overgrowth.
d. The private vehicular access easement may be used for emergency vehicle
access and public service vehicle access. The proposed provision of access
by an easement shall be reviewed by all utility companies and public service
departments including but not limited to fire, sanitation and police.
e. The easement shall not be maintained by the city. It is the applicant's
responsibility to provide a maintenance plan that identifies the entities or
parties who are responsible for maintaining the easement.
f. The Arkansas Fire Prevention Code may have additional or greater
requirements than these minimum standards. When a conflicting standard
exists the Fire Code requirement shall be the standard.
i
g. A clear access for the entire width of the easement must be maintained by
responsible parties to provide an unimpeded access for all vehicles
including emergency vehicles, buses, etc. This includes any overhanging
items such as overhead cables, structures,trees, etc.
i'.
t
h. Existing access easements are permitted as previously approved. No
additional lots or tracts on any non-complying access easement are
permitted unless approved by the Planning Commission.
i. Gated Access Easements. If the private easement is gated:
1. Master key security system approved by the Fire Official. A master
key security system shall be provided on all gates. The security
system shall include the following:
a. A gate override in case of power failure; and
b. A master key, approved by the Fire Official, shall be provided
for emergency access and public service providers.
2. Queuing. At gated entrances where traffic can queue into public
streets, the gates and entrances design must provide for sufficient
storage capacity so that no queuing vehicles will queue into the
public street.
1
3. Private Streets.The planning commission may approve private and/or gated
streets subject to the following standards:
a. A private street is permitted only in a single-family residential development.
b. Private streets and utilities shall comply with all the standards for public
streets and utilities as provided in this section. This includes the minimum
street design standards and guarantees, and warranties required by the
subdivision regulations.
C. The private street shall be maintained by a homeowners' association. The
applicant shall provide the declarations and restrictions,which shall provide
an annual assessment of property owners that is sufficient to maintain the
private street.
d. Publicly-or privately-owned utility easements for subdivisions with private
streets shall comply with the subdivision regulations.
e. The applicant shall comply with the homeowner standards for private
infrastructure maintenance. The applicant shall include with the
homeowners or property owners' association (HOA or POA) documents a
forecast and schedule of street maintenance costs prepared by a licensed
professional engineer. The maintenance costs must be consistent with the
schedule of street maintenance costs. A maintenance account with seed
money shall be established by the developer to enable the HOA to meet the
maintenance schedule until the HOA is self-sufficient.Any HOA requesting
that the city acquire its private streets shall produce documentation that the
maintenance schedule set forth in the HOA's original pavement
management plan as part of the HOA documents has been followed.
f. The HOA/POA documents shall require the HOAs/POAs to identify and
enforce a no parking restriction in fire lanes throughout the community.
g. The Arkansas Fire Prevention Code may have additional or greater
requirements than these minimum standards. When a conflicting standard
exists the Fire Code requirement shall be the standard.
h. A clear access for the entire width of the private street must be maintained
by responsible parties to provide an unimpeded access for all vehicles
including emergency vehicles, buses, etc. This includes any overhanging
items such as overhead cables, structures,trees, etc.
i. Existing private streets are permitted as previously approved.No additional
lots or tracts on any non-complying private street are permitted unless
approved by the Planning Commission.
j. Gated streets.Private streets with a private, gated entry shall conform to the
following standards:
1. Master key security system approved by the Fire Official.A master key
security system shall be provided on all gates. The security system shall
include the following:
a. A gate override in case of power failure; and
b. A master key, approved by the Fire Official, shall be provided
for emergency access and public service providers.
2. Queuing. At gated entrances where traffic can queue into public streets,
s
the gates and entrances design must provide for sufficient storage capacity
such that no queuing vehicles will queue into the public street.
4. Private Infrastructure Maintenance
a. This section applies to any private infrastructure improvements such as streets,
drainage, or utilities where this ordinance allows the improvement to be privately
maintained.
1. The improvements shall be maintained by a permanent homeowners'or
property owners' association, permanent condominium association,
permanent improvement district or similar permanent entity(hereinafter the
maintenance entity).
2. The instruments creating the maintenance entity shall be provided with
the application for subdivision plat approval.
b. Homeowners'or Property Owner's association.
1. The homeowners' or property owners' association shall assume full
responsibility for maintenance of the improvements. =`
1":
2. The applicant shall provide a description of the association, including
its bylaws and methods for maintaining the infrastructure which shall be
submitted with the final plat.
i
i
3. A proposed operations budget and plan for long-term capital repair and
replacement of infrastructure improvements shall be submitted with the
final plat.
C. Condominium. If a permanent condominium association is used to maintain
the improvements,the improvements shall be controlled through the use of
a permanent master deed that conforms to the Horizontal Property Act,
A.C.A. title 18, subtitle 2, ch. 13 (A.C.A. § 18-13-101 et seq.). All
undivided landscaping land shall be held as a common element.A proposed
operations budget and plan for long-term capital repair and replacement
shall be submitted with the application for preliminary plat approval.
d. Improvement districts. An improvement district may be established pursuant
to A.C.A. title 14, subtitle 5 (A.C.A. § 14-86-101 et seq.)that: g
1. Has the authority to maintain the improvements; and
2. Has established assessment or other financial mechanisms in an
amount sufficient to maintain the improvements in good order.
SECTION 3: Severability: The various provisions and parts of this Ordinance are
hereby declared to be severable, and, if any section or part of a section,
or any provision or part of a provision herein, is declared to be
unconstitutional, inappropriate, or invalid by any court of competent
jurisdiction, such holding shall not invalidate or affect the remainder of
this Ordinance and to that extent the provisions hereto are declared to be
severable.
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 28th day of February 2022.
ose P. urst
ATTESTED: APPROVED AS TO FORM:
Ph hs Thomas Jac e
City Clerk/Treasurer City Attorney