HomeMy WebLinkAbout2011-05-01 ORDINANCE NO.2011-05-01
• AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE SUBDIVISION
CODE; TO CLARIFY THE PROCESS OF FINAL PLAT APPROVAL; TO ESTABLISH THE
PROCESS FOR ACCEPTING STREETS FOR MAINTENANCE BY THE CITY; AND FOR OTHER
PURPOSES.
WHEREAS, certain provisions of the Batesville Subdivision Code with respect to the procedures to
obtain final plat approval are confusing and in need of clarification;and,
WHEREAS, it is desirable to streamline the process of accepting streets for City maintenance, provided
they meet prescribed standards;and,
WHEREAS, updating these provisions are desirable to promote the proper development in the City of
Batesville; and,
WHEREAS, the Batesville Planning Commission has prepared recommendations to improve the
efficient and effective application of the Batesville Subdivision Code, and conducted a properly advertised
public hearing on May 2, 2011,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE, ARKANSAS THAT THE BATESVILLE SUBDIVISION CODE IS HEREBY
AMENDED AS FOLLOWS:
Section 1. General definition of the subdivision approval process
Revise Section 15.02.20.,to read as follows:
Section 15.02.20. Generally
• The application procedure and approval process for subdivision development shall be accomplished in five
stages.
(a) The first step consists of a pre-preliminary conference, optional for subdivisions ten acres or less and
mandatory for subdivisions larger than ten acres. Such preapplication procedure shall involve an
informal discussion with the staff and the submittal of a sketch plan.
(b) The second step involves preparation of a preliminary plat by the applicant for consideration and
approval by the planning commission. This document is designed to show the proposed subdivision
in sufficient detail to indicate its workability in all respects, but not in final form, with all the details
fully computed. A subdivider proposing to subdivide within the territorial jurisdiction of the city shall
not proceed with any construction work on the proposed subdivision, including grading, before
obtaining preliminary plat approval.
(c) The third step involves the inspection and approval of all required improvements agreed to in the
preliminary plat. Some improvements may be completed after the final plat is approved, but only if
the developer provides acceptable security to ensure completion.
(d) The fourth step involves submittal of a final plat conforming to the preliminary plat. This step shall
be initiated within twelve (12) months after approval of the preliminary plat by the planning
commission unless construction work is actively progressing, in which case the preliminary approval
remains valid. The final plat is a completed document incorporating engineering specifications in 4
form required for legal recordation and sale of lots. No subdivision plat or any plat shall be recorded
prior to obtaining final plat approval from the planning commission, nor shall the subdivider convey
title to any lot before obtaining final plat approval.
(e) The fifth step involves the recording of the approved final plat and bill of assurance.
Section 2. Final plat procedure
Revise Section 15.02.23.,to read as follows:
i
Section 15.02.23. Final plat procedure
• (c) Approval. Responsibility for final plat approval shall reside with the planning commission, which
body shall approve or disapprove the final plat within 30 days of its submittal unless the subdivider
agrees in writing to a deferral. No final plat shall be approved until its conformance with the
preliminary plat has been verified and the subdivider and the city have entered into an agreement
assuring completion of all required improvements as specified in section 15.03.15.
Section 3. Required public improvements
Revise Section 15.03.14.to read as follows:
Section 15.03.14. Required public improvements
(a) Generally. In all subdivisions (including multiple building sites), the subdivider shall be required to
install, at his own expense, or to have installed by the appropriate public utility certain specified
improvements. No streets, drainage or utility construction work, exclusive of clearing, shall begin
until construction plans have been reviewed and approved by the City Engineer or other relevant
agency.
Section 4. Assurance of completion of improvements
Revise Section 15.03.15.to read as follows:
Section 15.03.15. Assurance of completion of improvements
(1) Certificate of completion of improvements. The subdivider may submit for approval to the City
Engineer a certificate stating that all improvements and installations to the subdivision required for its
approval under the terms of this chapter have been made, added or installed in accordance with these
specifications.
• Section 5. Establishment of street acceptance regulations
Delete Section 15.03.21. in its entirety.
IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE
INVALID, SUCH INVALIDITY SHALL NOT EFFECT THE REMAINING PORTION OR
PORTIONS OF THIS ORDINANCE.
EME d
nd
IT IS SO ORDAINED.
IN WITNESS WHEREOF,we have set our hands this I Oth,day of May,2011.
APPROVED: _�
RI K ELUMBAUGH,vrxrff
ATTEST:
DENISE JOHNSTON, CLERK
APPROVED AS TO LEGAL FORM:
• Lindsey Castleberry, City Attorney
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