Planners disagree

Posted on Wednesday, October 15, 2008

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Conflict between the city and county planning offices governing the territorial jurisdiction five miles around the city limits is creating difficulty in governing that area, according to city building official Tony Townsend.

Pea Ridge Planning Commission members agreed to table a review of city fees for plat approval pending a decision from the city attorney's office.

The city charges $ 250 for a lot split / minor subdivision and $ 400 for preliminary plat review plus $ 10 per lot over 50 lots. The county charges $ 50 for a tract split and $ 200 for a lot split within a subdivision.

According to Townsend, the county is allowing residents in the county, but within the city's territorial jurisdiction, to split a lot for $ 50, then come back later and split that lot again, ultimately resulting in creating a subdivision without it ever being addressed by the city building official, as law provides.

"I understand it's a problem all over the county," Townsend said, adding that the county does not require the additional easements required by the city's codes governing subdivisions.

"Our definitions are pretty clear," said M. J. Hensley, commissioner, about tracts and lots. The city's authority is clearly defined, he said.

Townsend said the county gets the fees on the building fees, etc., if approved, but the city governs splitting property for subdivisions within the territorial jurisdiction.

"The county does the building permits, but we do the division of land," Townsend reiterated.

Townsend mentioned a particular piece of property immediately outside the city limits which has recently had nine electrical transformers delivered. He says it is a potential subdivision, but has received no clear answer from the county officials as to whether there has been a lot split.

Andrew Huntsinger, assistant city attorney, said the statute is "clear as day"about the city's territorial jurisdiction.

In other business, the commissioners approved a lot split for the new water tower property west of town on Arkansas Highway 72.

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