Loading...
(a) Filing fee. At the time of submitting a preliminary plat, the subdivider shall pay a filing fee as stated in the Fee Schedule in § 236.07 of the City of Kirtland Codified Ordinances.
If a plat is disapproved by the Planning and Zoning Commission before any physical inspection has been made of the site, the Commission may, at its discretion, order that the developer be refunded any amount not to exceed one-half of the fee paid.
(Ord. 78-O-31, passed 3-6-1978; Am. Ord. 17-O-20, passed 7-3-2017)
(b) Minor subdivision fee. Application for approval of a minor subdivision shall be accompanied by a one-time fee as stated in the Fee Schedule in § 236.07 of the City of Kirtland Codified Ordinances.
(Ord. 96-O-21, passed 3-18-1996; Am. Ord. 17-O-20, passed 7-3-2017)
(c) Inspection fee.
(1) The subdivider shall pay an inspection fee to the city for the cost of inspection and/or supervision of all improvements in the subdivision which fall under its jurisdiction.
(2) The amount of deposit and the method of payment shall be as required by the City Engineer.
(3) The fee shall be for all time spent by the City Engineer or his or her duly authorized representative in inspecting and/or supervising the subdivider's improvements.
(d) Payment of fees. All fees shall be paid in legal tender or by check or money order made payable to the city and deposited with the City Clerk.
(Ord. 78-O-31, passed 3-6-1978)
(a) Where the Planning and Zoning Commission finds that extraordinary and unnecessary hardship may result from strict compliance with these Subdivision Regulations, due to exceptional topographic or other physical conditions, the Commission may vary the regulations so as to relieve such hardship, provided that such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these Subdivision Regulations or the desirable and compatible development of the neighborhood and/or community. Such modifications shall not nullify the intent and purpose of these Subdivision Regulations nor shall such modifications in any way be interpreted as a variance from the regulations of the City’s Zoning Code.
(b) The subdivider shall apply to the Zoning Inspector in writing for such variance. Any variance or associated conditions granted or established by the Planning and Zoning Commission shall be attached to and made a part of the final plat.
(Ord. 78-O-31, passed 3-6-1978; Am. Ord. 13-O-59, passed 12-16-2013)
(a) Whoever violates any rule or regulation adopted by Council for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision, or fails to comply with any order made pursuant thereto, is guilty of creating a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the city or any resident thereof, in addition to the penalty provided in § 1242.99.
(b) The County Recorder shall not record a plat contrary to the provisions of these Subdivision Regulations.
(c) No owner or agent of the owner of any land in the city shall transfer a lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the penalty set forth in § 1242.99.
(d) No person shall dispose of or offer for sale or lease, for a time exceeding five years, a lot or part of a lot in a subdivision before these Subdivision Regulations are complied with.
(Ord. 78-O-31, passed 3-6-1978)
(a) Whoever violates or fails to comply with any of the provisions of these Subdivision Regulations for which no penalty is otherwise provided shall forfeit and pay not less than two hundred dollars ($200.00), nor more than three thousand dollars ($3,000.00). Such sum may be recovered with costs in a civil action brought in the Willoughby Municipal Court.
(b) Whoever violates § 1242.07(b) shall forfeit and pay not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), to be recovered with costs in a civil action by the Director of Law in the name and for the use of the city.
(c) Whoever violates § 1242.07(c) shall forfeit and pay not less than two hundred dollars ($200.00), nor more than five hundred dollars ($500.00), for each lot, parcel or tract of land sold. Such sum may be recovered in a civil action brought in the Willoughby Municipal Court.
(d) Whoever violates § 1242.07(d) shall forfeit and pay not less than two hundred dollars ($200.00), nor more than five hundred dollars ($500.00), for each lot or part of a lot sold, offered for sale or leased. Such sum may be recovered with costs in a civil action brought in the Willoughby Municipal Court.
(Ord. 96-O-95, passed 1-22-1997)