(A) General. No site plan or subdivision development, except those granted exceptions and variances as provided in § 154.06 shall be approved, platted, or recorded, nor shall any building permit or certificate of occupancy be issued, unless the subdivision development meets all the requirements of Chapters 155 and 156, and has been approved in accordance with the requirements provided in those chapters.
(B) Performance bond guaranteeing required public improvements. The City Commission may enforce the performance bond guaranteeing public improvements by resorting to legal and equitable remedies if required improvements have not been satisfactorily installed within the time allowed by the city after the site plan or final plat is approved, unless extended by the City Commission and provided the surety consents to the extension.
(C) Violations and penalties.
(1) It shall be a violation of this land development code for any person to construct, open, modify, or dedicate any street, commercial driveway, sanitary sewer, water main, or drainage structure without first having obtained site plan approval and otherwise having complied with the provisions of the site plan regulations, Chapter 156. It shall also be a violation of this code for any person to plat, construct, open, or dedicate any street, sanitary sewer, storm sewer, water main, or drainage structure, without having first complied with the provisions of the subdivision regulations, Chapter 155; or to otherwise violate any provision of these regulations.
(2) Any person, whether as owner, lessee, principal, agent, employee, or otherwise, who violates any of the provisions of this code, or permits any violation to continue, or fails to comply with the requirements of any plan or statement submitted and approved under the provisions of this code, shall be guilty of a code violation and subject to prosecution. Each day a violation continues shall be considered a separate offense.
(3) Nothing contained herein shall prevent the city from taking any lawful action, including, but not limited to, equitable action, as is necessary to prevent or remedy any violation of the rules, conditions, covenants, stipulations, or terms of these regulations.
(D) Issuance of building permits. No building shall be erected on a lot or parcel of land subject to regulations, nor shall any building permit be issued therefor, unless one of the following conditions exist:
(1) The lot or parcel is within a subdivision for which a final plat has been approved by the City Commission, and the required subdivision improvements have been installed and accepted by the city. However, buildings may be erected concurrently with the construction of the required improvements if a performance bond acceptable to the city has been posted by the developer. If there is no bond for subdivision improvements, the final inspection of the buildings shall not be approved and the buildings shall not be permitted or occupied until all the required subdivision improvements have been completed and have been certified as complete by the City Engineer.
(2) The lot or parcel abuts a public street dedicated to and accepted by the city, or the street is shown on a legally recorded subdivision plat, or unless a waiver has been obtained from the city. However, building permits may be refused if water management, soil characteristics, or other standards are not met.
(E) All private subdivisions will follow the same procedure as any subdivision, and shall be approved by the Planning and Zoning Board and City Commission. Paving, traffic controls, and striping requirements must be met and paid for by the developer.
(Ord. 241, passed 11-27-85; Am. Ord. 1642, passed 6-17-21)
Cross-reference:
General penalty and prerogative of injunctive relief, see § 154.04