Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 112-12. Administration.

(a) Severability. If any section, paragraph, clause, phrase or part of these subdivision regulations is for any reason invalid, such decision shall not affect the validity of the remaining provisions of these regulations; and the application of those provisions to any persons or circumstances shall not be affected thereby.

(b) Enforcement. In order to carry out the purposes of these regulations and to assure an orderly program of land development after the effective date of these regulations:

(1) No plat of any tract of land within the planning area jurisdiction of the planning commission shall be accepted by the county recorder for filing unless the plat has been approved by the planning commission.

(2) No conveyance by metes and bounds of tracts coming under the definition of "subdivision" without compliance with the applicable provisions of this chapter or amendments thereto shall be permitted. This provision is aimed at preventing any attempt to circumvent these regulations by conveying by metes and bounds without taking the necessary steps for filing an approved plat.

(3) No dedication of streets shall be accepted by the city unless the use of the adjoining adjacent land is shown; if the purpose of opening the street is to make the affected land available for sale as a subdivision, the street may not be accepted until accompanied by the required plat.

(4) No building permit shall be issued for construction of any building; no person, firm or corporation shall sell or offer for sale any lot; no water, sewer, gas or electric service shall be extended to serve any structure on any lot, nor shall any land be accepted for dedication by the county recorder unless:

a. The lot, building or structure was established before the adoption of this chapter;

b. The lot is part of a subdivision, large-scale development or informal plat approved by the planning commission and all requirements of the city's applicable ordinances have been completed to the satisfaction of the city's staff.

(5) The city clerk shall be furnished the approved large-scale development plan, final plat or informal plat, to facilitate updating and maintaining an accurate city map and graphic records of new developments.

(6) All requirements imposed by the planning commission or city council shall have been completed to the satisfaction of the planning and community development director or his/her designated representative.

(c) General penalty provisions applicable. The failure to comply with the requirements of paragraph (b) hereof, or any additional specific requirements of development of the planning commission or city council, is declared an unlawful act and may subject a property owner or developer to the general penalty provisions of this Code set out in section 1-9 hereof, and any other remedies available under Arkansas law, as circumstances require.

(d) Amendments. On any proposed amendments to these regulations, the planning commission shall hold a public hearing, for which 15 days' advance notice in a local newspaper of general distribution has been published. Following such a hearing, the city council may adopt the amendment or amendments as recommended by the planning commission or as determined by a majority vote of the city council.

(Code 1973, § 30-11; Ord. No. 2330, 10-11-94; Ord. No. 3011, § 1, 9-12-00)

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