§ 11-73. Step 2, Preliminary Plat submission and approval.

When a land development is proposed, the first formal application for approval shall be the Preliminary Plat directed to the Planning Board and submitted to the Administrative Officer.

(1)

Preliminary Plat: The Preliminary Plat submission shall consist of the following:

a.

Payment of the Preliminary Plat fee.

b.

Twenty (20) copies of the Preliminary Plat of the proposed development. The plat shall include the information indicated for Preliminary Plat in Section 11-77 of this chapter.

(2)

Submission time and review schedule:

a.

The Planning Administrator shall send a certified letter to all adjoining property owners within three hundred (300) feet of the exterior boundary of the proposed development at least fourteen (14) days prior to the scheduled meeting of the Planning Board at which the plat is to be reviewed. Said Notice shall state the date, time and place of the proposed development review. The developer shall reimburse the Planning office the actual costs of mailing plus fifteen cents ($0.15) (per notice sent).

b.

Following submittal of the Preliminary Plat, the Administrative Officer shall distribute the plat to the Plat Review Committee for its review and comments. The Administrative Officer shall schedule a meeting of the Plat Review Committee with the Developer's representatives to consolidate the review comments.

c.

The Planning Board shall consider the Preliminary Plat along with all reports and comments by the Plat Review Committee, County Road Superintendent, other County departments, officials, utility companies and others, which are of record at the time of the Planning Board meeting. Within thirty (30) days after the Planning Board reviews the submission, it shall indicate its approval, disapproval, or approval with conditions. Such approval, disapproval or approval with conditions shall be conveyed to the developer's representatives at a regular Planning Board meeting.

(3)

Preliminary Plat approval: Approval of the Preliminary Plat shall be subject to the following stipulations:

a.

Such approval does not constitute authorization to proceed with the construction until the Construction Plans and Specifications (step 3) have been approved by the County Road Superintendent, nor authorization to sell lots until the Final Plat is approved and filed in the Washington County Circuit Clerk's office.

b.

Receipt by the developer of the Planning Board's written approval of the Preliminary Plat authorizes the developer to proceed with the following:

1.

Preparation of the Construction Plans and Specifications required for step 3, which includes:

(i)

Detailed street plans, profiles and specifications accompanied by soil analysis and design calculations to be reviewed and approved by the County Road Superintendent.

(ii)

Detailed storm drainage plans, profiles and specifications accompanied by soil analysis and design calculations to be reviewed and approved by the County Road Superintendent.

(iii)

Detailed water and sewer plans, profiles and specifications to be submitted by the developer to the Arkansas Department of Health for review and approval. One (1) informational copy shall be submitted to the County Road Superintendent for his use and review only.

Note: The developer is responsible for obtaining the Arkansas Department of Health's approval of the water and sewer or septic system plans and specifications.

2.

The installation of the site improvements after the Construction Plans and Specifications (step 3) have been approved by the County Road Superintendent.

3.

Preparation of the Final Plat in accordance with the Final Plat procedures outlined in step 4.

c.

The Preliminary Plat shall be effective for one (1) year from date of approval to implement the following items:

1.

Approval of step 3 (Construction Plans and Specifications).

2.

Initiate and progressively continue construction improvements.

3.

Approval and filing of the Final Plat (see bonding requirements, step 4).

d.

Any Preliminary Plat not activated within twelve (12) months from date of approval shall be null and void.

e.

All improvements must be completed within thirty-six (36) months from date of Preliminary Plat approval. If not, the performance bond, as set out below, shall compensate the County for all unfinished construction costs.

1.

Said performance bond shall run in favor of the county and be in an amount sufficient to complete the improvements for the development as determined by the Road Superintendent.

2.

Said bond must be written by a surety authorized to do business in the State of Arkansas.

3.

However, if, in the opinion of the county, the project has been abandoned, or County or private property is being damaged by action, or inaction, the said performance bond shall be forfeited immediately at the option of the County at any time prior to the end of the thirty-six-month period. A letter of credit may be accepted in lieu of all or part of said bond.

4.

Separate bonds or letters of credit shall be executed to protect County roads or other County property.

5.

This bond does not take the place of any bonding requirements as to any contractor. If the developer and the contractor are one and the same, then the bonds to be posted by the contractor shall protect the County.

(Ord. No. 91-9, Art. 1, § 2.03, 4-11-91; Ord. No. 99-32, Art. 1, 7-8-99; Ord. No. 2007-71, Art. 1, 12-13-07; Ord. No. 2008-43, Art. 1, 8-14-08)