DRC reviewers say utility-line project is exempt from site-plan review; floodplain permit process to follow

Benton County DRC reviewers agreed the proposed underground utility-line improvements are exempt from site-plan review and will proceed through administrative floodplain permitting, the applicant said.

Nathan, the applicant representative, told reviewers that “the application no rise ticket has already been submitted” and that the team will pursue floodplain permitting rather than a full site-plan review. He said the city of Bentonville is requiring a grading permit for tree-clearing work connected to the project.

The action matters because the exemption in “chapter 6.1 of our development code number 7” narrows the review to floodplain permitting rather than a planning-board site-plan hearing, which the applicant said will shorten the immediate review steps and allow work to begin sooner once permits are approved.

A road department representative read the department’s written comments, saying “our only interest at the road department will be where they either cross or parallel our roads,” and adding that any proposed lift station sites would require permits for access drives and plans for those areas. The representative said they did not see crossings of county roads in the materials but left room for that to be clarified.

Zach Hoyt of Garver clarified jurisdictional questions and the project’s scope, saying most of the work appears to be within Bentonville’s jurisdiction and offering to share GIS files with both Bentonville and Benton County to confirm boundaries. Hoyt also explained how a lift station works: “it takes a pump and actually pumps it and pressurizes it so that we can push it uphill instead of having to go downhill,” and stated that no lift stations are anticipated for this project.

The applicant also said the project includes an early tree-clearing package timed to avoid impacts to the brown bat population; the city is requiring a grading permit and the contractor is expected to remove cut trees from the site. Reviewers confirmed a floodplain development permit/certificate has been filed and said additional questions could arise during the formal review process.

There were no formal motions or votes at the meeting. The Chair closed the brief review and adjourned the DRC meeting.

Contact and next steps: reviewers asked that any additional comments be sent to planning@bentoncountyar.gov and that 3000 Northeast 8th Street be used as the starting point for the record; staff said they will begin the administrative floodplain permitting review and respond to questions as they arise.