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(A) The subdivider shall be required to escrow dollars, as part of the subdivider’s agreement, for the purpose of having the city plant trees and/or provide soil adjustments on the boulevard areas within the development. The City Council may decide, based on financial considerations, that it may not be in the best interest of the city and therefore may waive tree planting requirements if they so desire.
(B) The rate of escrow shall be determined by the wholesale cost of two trees per lot (two-inch caliper deciduous or six-foot height coniferous minimum size), as established by resolution. The subdivider shall only be responsible for the cost of the trees. The planting and maintenance of the trees shall be conducted by the city. Species and location of the trees and the need for soil adjustment shall be determined by the city. The planting of the trees will take place a significant portions of the development are occupied.
(2004 Code, § 153.85) (Ord. 03-336, passed 3-25-2003)
ADMINISTRATION AND ENFORCEMENT
(A) Major subdivisions. The general principles of design and minimum requirements for the layout of subdivisions set forth above in §§ 153.065 through 153.084 of this chapter may be varied by the Council in the case of a subdivision large enough to constitute a more or less self-contained neighborhood which is to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions, and which, in the judgment of the Council, makes adequate provision for all essential community requirements; provided, however, that, no modification shall be granted by the Council which would conflict with the proposals of the official map or with the other features of the city’s Comprehensive Plan, or with the intent and purposes of the general principles of design and minimum requirements hereinabove.
(B) Small subdivision. In the case of a subdivision of small size and minor importance, situated in a locality where conditions are well-defined, and containing not more than two lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the adjoining property, the Council may exempt stipulated in §§ 153.035 through 153.039 of this chapter pertaining to the preparation of the preliminary plat. All subdivisions larger than two lots shall follow platting requirements. Large lots capable of being subdivided into more than two parcels shall be allowed only one lot subdivision, after which platting of further subdivisions is required.
(C) Unusual physical conditions. In any particular case where the subdivider can show that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of this chapter would cause unusual difficulty or exceptional and undue hardship, the Council may relax that requirement to the extent deemed just and proper, so as to relieve the difficulty and undue hardship; provided that, this relief may be granted without detriment to the public good and without impairing the intent and purposes of these regulations or the desirable general development of the neighborhood and the community in accordance with the Comprehensive Plan and Ch. 154
of this code. Any modification thus granted shall be entered in the minutes of the Council setting forth the reasons which, in the opinion of the Council, justified the modification.
(2004 Code, § 153.95) (Ord. 466, passed 7-15-1995)
(A) The Council may grant a variance from these regulations following a finding that all of the following conditions exist:
(1) There are special circumstances or conditions affecting the property so that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
(B) In making this finding, the Council shall consider the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. In granting a variance as herein provided, the Council shall prescribe only conditions that it deems desirable or necessary to the public interest.
(C) Application for any variance as described above shall be made in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Planning Commission and the Council, stating fully and clearly all facts relied upon by the petitioner, and shall be supplemented with maps, plans or other additional data which may aid the Planning Commission and the Council in the analysis of the proposed project. The plans for the development shall include covenants, restrictions or other legal provisions as necessary to guarantee the full achievement of the plan. In all cases where applications for variance are submitted for conditional approval along with the preliminary plat, the action on that conditional approval shall issue from the Council.
(2004 Code, § 153.96) (Ord. 466, passed 7-15-1995)
(A) No plat of any subdivision shall be entitled to be recorded in the office of the County Recorder or shall have any validity until it has been approved by the Council in the manner described herein.
(B) It is unlawful for the owner or the agent of the owner to transfer or sell any land by reference to or by other use of a plat or description unless the plat has been approved by the Council as required herein.
(2004 Code, § 153.97) (Ord. 466, passed 7-15-1995) Penalty, see § 10.99
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