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Home My WebLink About2025-02-02 ORDINANCE NO. 2025-02-02 AN ORDINANCE TO REVISE AND UPDATE TITLE 15 OF THE BATESVILLE MUNICIPAL CODE(SUBDIVISION REGULATIONS); TO REVISE CERTAIN APPLICATION REQUIREMENTS; AND FOR OTHER PURPOSES. WHEREAS,the method of preparing and presenting preliminary and final plats has changed dramatically over the past several decades to a largely digital format;and, WHEREAS,the existing language in the Batesville Subdivision Regulations are outdated and in need of revision to reflect current practice and need for digital data to update City digital data files;and, WHEREAS,the Batesville Planning Commission,the Batesville City Code Enforcement Officer and City Engineer determined what revisions to the Subdivision Regulations would be most consistent with current submission practices and maintenance of City digital files; and, WHEREAS,the Batesville Planning Commission conducted a properly advertised public hearing as required by law on November 4,2024; and, WHEREAS,the Batesville Planning Commission,at its regular meeting on November 4,2024, recommended,by unanimous vote,that said revisions be adopted by ordinance by the Batesville City Council; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS: Section 1. Add the following definition to Section 15.02.01.of the Batesville Municipal Code(Subdivision Regulations)with the following: "Code Enforcement Officer,means that person designated by the Mayor to administer the provisions of this Code." Section 2. Amend the definition of"Plat,preliminary"to read as follows: "Plat,preliminary, also known as a development plan,means the preliminary drawing(s),described in this chapter, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for review,and including the preliminary bill of assurance" Section 3. Revise Section 15.02.20 as follows: a. Subsection(b) is deleted in its entirety and replaced with the following: "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. This step shall be initiated within 12 months after approval of the preliminary plat by the Planning Commission.Failure to initiate construction within the approved time frame shall cause the approval to be terminated;the Code Enforcement Officer may authorize an extension of not more than 3 months,after which the applicant shall be required to submit a new application which complies with all requirements then in effect. A subdivider proposing to subdivide within the defined Planning Area Boundary of the City shall not proceed with any construction work on the proposed subdivision, including grading,before obtaining preliminary plat approval." b. In subsection(c)delete the first two sentences and replace with the following: "The third step involves submittal of a final plat conforming in all respects to the preliminary plat." Section 4. Revise Section 15.02.24 as follows: Revise subsection(e)to read "Plat specifications. The final plat for minor subdivision or lot splits shall be prepared in the same format as submission of a regular final plat as outlined in section 15.02.31." Section 5. Revise Section 15.02.30 as follows: a. Replace the first paragraph of subsection(d) in its entirety with the following: "(d) Preliminary plat. The preliminary plat shall be submitted in a Portable Document Format(PDF), either via a medium compatible with equipment available to the City or electronically(email or similar transmission means). The format size of the drawing shall not exceed 24"x 36"and at a scale of 1"= 100'. The preliminary plat shall be identified by the name of the subdivision and shall include:" b. Replace subsection(f)(1)(c)in its entirety as follows: "c. Approval. Prior to submission of the preliminary plat to the Planning Commission, staff review shall determine that all applicable City and State regulations are met in the design and layout of the plat. Staff may concur with or recommend denial of a request to the Planning Commission to permit waivers as defined in this Chapter.Except in extraordinary circumstances,the preliminary plat shall not be presented to the Planning Commission until all such determinations have been satisfied. The Planning Commission may vote to approve the preliminary plat as presented, or subject to contingencies.Formal acknowledgment of Planning Commission approval shall be evidenced by the signature of the Chairman or Vice Chairman in the following signature block on two printed paper copies of the plat, one to be retained in the Commission files. CERTIFICATE OF PRELIMINARY PLAT APPROVAL All requirements of the Batesville Subdivision Rules and Regulations relative to the preparation and submittal of a preliminary plat having been fulfilled, approval of this plat is hereby granted,subject to further provisions of such rules and regulations. This certificate shall expire Date 1. Signed Date of Execution Chairman or Vice Chairman Batesville Planning Commission Section 6. Revise Section 15.02.31 as follows: a. Delete all of subsection(a)and replace with the following: "(a) Generally: Submission for certification of final plat approval shall consist of two paper prints and the final bill of assurance. The Planning Commission shall review and approved the Final Plat only if all requirements of this Chapter have been satisfied, subject to the provisions of Section 15.03.15,et seq. The final plat information shall also be submitted in an electronic format on medium,compatible with equipment available to the City and shall be either ESRI(in slip file or geodatabase formats)or an AutoCad file(in dwg format), or such other file format as may be determined by the City from time to time. Digital files shall contain all data displayed on the final plat Both paper copies shall be fully executed; one copy shall be furnished to the Independence County Circuit Clerk and Recorder and one copy shall be retained in the City files. If the approval is conditional with respect to final plat requirements,execution by the Chairman or Vice-chairman shall not occur until all conditions have been satisfied." b. Modify the certificate at subsection(1)e. with the following: CERTIFICATE OF FINAL APPROVAL Pursuant to the Batesville Subdivision Rules and Regulations,all of the conditions of approval having been completed,this document is hereby accepted.This certificate is hereby executed under the authority of such rules and regulations. Signed Date of Execution Chairman or Vice Chairman Batesville Planning Commission Section 7. Add the following new subsection "Section 15.02.32. As-built drawings A scaled drawing prepared by a professional surveyor or professional engineer showing the as-built conditions of the platted site shall be provided as a paper and electronic submission. The electronic submission shall include digital drawings in Adobe PDF format and Autodesk.DWG file format or ESRI shapefile/geodatabase format with all data organized in a layering system and conveyed as points, polylines,and polygons. The applicant shall provide metadata for the information as a key describing the layering system. The drawings shall be in State Plane Arkansas North Zone coordinates,with the datum being North American Datum 1983 with units as feet. At a minimum, layers shall include street centerline data, storm drainage as built information including pipe inverts, length of pipe, size of pipe,type of pipe, and type of inlets." Section 8. The revisions to the Batesville Subdivision Regulations recommended by the Batesville Planning Commission are hereby adopted and Title 15 of the Batesville Municipal Code is thereby amended. IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE INVALID,SUCH INVALIDITY SHALL NOT AFFECT THE REMAINING PORTION OR PORTIONS OF THIS ORDINANCE. IT IS SO ORDAINED. IN WITNESS WHEREOF,we have set our hands this ��—� , day of F ;MAYO 20 APPROVED: RICK ELUMBA G A11— ATTEST-- SSICA DA , 'ITY CLERK APPROVED AS TO LEGAL FORM: rO HYiMEItTZEN,CITY ATTORNEY