A. Septic Tanks: No permits for installation or approval of designs shall be issued by the City for the installation of septic tanks on lots less than one-half (1/2) acre upon any lot in a subdivision. All septic tank systems meeting requirements applicable to State law applied to local conditions will be allowed on lots one-half (1/2) acre or more upon any lot in a subdivision. (Ord. 4-20-99, 4-20-1999)
B. Compliance With Standards: No building, repair, plumbing or electrical permit shall be issued by the City for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein have not been complied with in full.
C. Final Plat Approval Required:
1. The City shall not repair, maintain, install or provide any streets or public utility services in any subdivision for which a final plat has not been approved and filed for record nor in which the standards contained herein or referred to herein have not been complied with in full.
2. The City shall not sell or supply any electricity, water or sewerage service within a subdivision for which a final plat has not been approved or filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.
D. Enforcement By City Attorney: In behalf of the City, the City Attorney shall, when directed by the Governing Body, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this title or the standards referred to herein with respect to any violation thereof which occurs within the extraterritorial jurisdiction of the City as such jurisdiction is determined under the Municipal Annexation Act 1 or within any area subject to all or a part of the provisions of this title.
E. Nonconformance; Resolution: If any subdivision exists for which a final plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, and the Governing Body of the City shall pass a resolution reciting the fact of such noncompliance or failure to secure final plat approval and reciting the fact that the provisions of subsections A through C of this section will apply to the subdivision and the lots therein, the City Secretary shall, when directed by the Governing Body, cause a certified copy of such resolution under the Corporate Seal of the City to be filed in the deed of records of the County in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such resolution, the City Secretary shall forthwith file an instrument in the deed records of the County stating that subsections A through C of this section no longer apply. (Ord. 90-02, 6-5-1990)
F. Exceptions: Provided, however, that the provisions of this section shall not be construed to prohibit the issuance of building, repair, plumbing or electrical permits with respect to any lots or building tract, nor prohibit the repair, maintenance, or installation of any street or public utility services for, to, or abutting any lot, in these instances, where the last recorded conveyance of such lot or tract prior to January 21, 1980, was by metes and bounds or where a building is in existence on said lot prior to the effective date hereof or where such subdivision, whether by recorded plat or by actual occupancy and use, was in existence prior to the effective date hereof. (Ord. 16-07-17, 7-18-2017)
G. Land Suitability:
1. No land shall be subdivided which is held unsuitable for its intended use by the City Engineer for reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, susceptibility to mud slides or earth slides, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any other feature harmful to the health, safety or welfare of the future residents of the proposed subdivision or community.
2. However, the Governing Body may approve the preliminary and final plats if the subdivider improves the land consistent with the standards of this title and other applicable ordinances to make the area, in the opinion of the Governing Body, suitable for its intended use. The Governing Body may also approve the preliminary and final plats if the subdivider agrees to make suitable improvements and places a sum in escrow pursuant to section 11-2-6 of this chapter to guarantee performance.
3. In determining the appropriateness of land subdivision at the site, the Governing Body shall consider the objectives of this title, and:
a. The danger to life and property due to the increased flood heights or velocities caused by subdivision fill, roads and intended uses 2 .
b. The danger that intended uses may be swept onto other lands or downstream to the injury of others.
c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions under flood conditions.
d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
e. The importance of the services provided by the proposed facility to the community.
f. The availability of alternative locations not subject to flooding for the proposed subdivision and land uses.
g. The compatibility of the proposed uses with existing development and development anticipated in the foreseeable future.
h. The relationship of the proposed subdivision to the Comprehensive Plan and Flood Management Program for the area.
i. The safety of access to the property in times of flood for emergency vehicles.
j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. (Ord. 90-02, 6-5-1990)
Notes
| 1 | 1. VTCA, LGC § 43.001 et seq. |
| 2 | 1. See also title 12 of this Code. |