Benton County Cities, Officials Look To Smooth Permit Process
Last updated Thursday, May 8, 2008 7:28 PM CDT in News
By Scarlet Sims
The Morning News
BENTONVILLE - Cities will approve subdivision developments in their 5-mile planning jurisdiction before Benton County reviews the plans, Benton County and city planning officials decided Thursday.
"We want to work together for the efficiency and ease of the developer," said County Planning Director Ashley Pope.
About 30 representatives from nine cities met Thursday at the Northwest Arkansas Regional Planning Commission in Springdale to look at procedures for reviewing developments in city planning areas. The exploratory meeting is the first step to resolving planning problems and clearing away hostilities between city officials, said Jeff Coffelt, Centerton water and sewer superintendent.
"It took a lot to get these people to come," Coffelt said.
Benton County has 21 cities, most of which have adopted a boundary outside their city limits for planning. State law allows cities to adopt boundaries within the surrounding 5 miles, but if cities are less than 10 miles apart, cities must split the difference. Cities can also agree on a boundary, said Jeff Hawkins, commission director.
Cities have complete control over subdivisions, Hawkins said. A city's ordinance may or may not address industrial development depending on wording of the ordinances, Pope said.
Cities are supposed to approve subdivisions before the county but that hasn't always happened. The county plans to begin enforcing that rule.
The county review makes sure roads the county will maintain are built adequately, said Tim Sorey, the county's Planning Board chairman. If a city proceeds without the county's OK, the county can withhold road maintenance, Pope said. The county judge looks to the planning office to decide whether to accept roads, she said.
Coordination between cities and the county has not been smooth in the past. Some developers go to the county for approval first instead of the city, and some subdivisions have been filed without cities approving, said Jo Ellen Martin, Gentry City Clerk. The county plans to begin sending agendas to the cities to make sure everyone knows what the developments the county is reviewing, Sorey said.
Another problem is that some cities are not enforcing regulations in all of the area they claim as jurisdiction. Siloam Springs passed an ordinance adopting a 5-mile jurisdiction, but the city only actually enforces 1 mile, said Cassandra Henne, Siloam Springs planner.
State law says cities can't partially enforce regulations, Hawkins said. A city that doesn't regulate its entire boundary "is not doing its job," he said.
Not enforcing regulations in all of the planning boundary can leave cities vulnerable to lawsuits, said Bethel Heights Mayor Fred Jack.
"If we're going to use the existing system, then the cities are going to have to step up and review everything," Pope said.
Some cities have created overlapping boundaries, which means they may be invalid, Pope said. Cave Spring's boundary actually encroaches on the city of Highfill, Hawkins said. Decatur annexed outside its jurisdiction.
Some maps haven't been updated in years either. Bentonville hasn't adopted a new boundary map since 1998, said Shelli Rushing, planning services manager. Siloam Springs hasn't adopted a new map since 1978, Henne said. No laws mandate boundaries be updated, but each time a city annexes property boundaries change.
City and county officials agreed to create a new map showing city boundaries. The map will organize the planning jurisdictions and help builders know where to submit plans, Pope said. Standardizing the permit process and creating a map is meant to make development in Benton County easier, she said.
AT A GLANCE
Next Meeting Will Look At Fees
Another meeting between city and county planning officials is in the works. Officials plan to review the process for subdivisions and large-scale developments and possibly reduce county fees for developers building in a city planning boundary. Currently, developers building in a city planning area pay a fee to both the city and county.
Source: Staff Report
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