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1383ORDINANCE NO. ~~,~?~- AN ORDINANCE TO AMEND ARTICLE III, SECTION 6D, ARTICLE IV, SECTION 1C, AND ARTICLE IV, SECTION 3 OF THE LAND SUBDIVISION AND DEVELOPMENT CODE OF THE CITY OF WEST MEMPHIS, ARKANSAS, AS ADOPTED BY ORDINANCE 1266, AND FOR OTHER PURPOSES. WHEREAS, after a public hearing upon due notice and publication, the Planning Commission approved and recommended for adoption certain proposed amendments to the Land Subdivision and Development Code of the City of West Memphis, Arkansas, adopted by Ordinance 1266; and WHEREAS, the City Council finds that the proposed amendments to the Land Subdivision and Development Code of the City of West Memphis should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. Article III, Section 6D of the Land Subdivision and Development Code of the City of West Memphis, Arkansas, as adopted by Ordinance 1266 is hereby amended to add the following subparagraph: (5) Along street rights-of-way which are fifty feet (50') in width an additional five feet (5') utility easement for water, sanitary sewer and storm drainage purposes only shall be required on both sides of said fifty feet (50') right-of-way and parallel to all rights-of-ways. SECTION 2. Article IV, Section 1C of the Land Subdivision and Development Code of the City of West Memphis, Arkansas, as adopted by Ordinance 1266 is hereby amended to add the following language at the end of the introductory paragraph: At the time other construction plans are submitted for review and approval, a grading plan must be included. The grading plan must ensure that no water will be (~: trapped behind houses and that all yards will drain properly. Unless an established drainage system already ~~ ~' exists, backyard drainage, with or without easements, will not be permitted. The City Engineer is responsible for determining what is and what is not an established drainage system. Before the two-year maintenance period for improvements can begin, the developer's engineer must submit a letter stating that the grading plan has been completed. This completion is subject to the City Engineer's inspection. The maintenance period will not commence until the City is satisfied that the required and approved grading plan has been completed in all respects. SECTION 3. Article IV, Section 3 of the Land Subdivision and Development Code of the City of West Memphis, Arkansas, as adopted by Ordinance 1266 is hereby amended to add the following language at the end of that section: The developer's engineer shall apply in writing for the commencement of the required warranty period of the maintenance bond. Included in that written request shall be: 1. The "as constructed" grading plan, signed off by the Engineer of Record. 2. The "as constructed" street plan identifying the soil samples for the proctor test(s) was (were) taken; the location and results of the road base density tests; for asphalt streets the location and results of the asphalt density tests; and the location and results of the core thickness tests, plus the location of all underground utility and storm sewer lines that are under or within ten feet (10') of any street pavement. The plan must be signed off by the Engineer. 3. Copies of all required laboratory tests, signed- off by the laboratory. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this .._~__ day of /1~ 1989. ATTEST: .'a; +_a _ ~A7~t - Q4P .~._ s ~7-~~„ DAN CRAFT, Cit~Cl~~k