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(a) The subdivider shall pay fees or make deposits and guarantees as required by these Regulations and in the amounts established by ordinance of Council.
(b) Fees, deposits, and guarantees associated with these Regulations include, but are not limited to, the following:
(1) Application fees for minor subdivision;
(2) Application fees for major subdivision including preliminary plat and final plat reviews;
(3) Fees for review of improvement plans and specifications;
(4) Fees and deposits for required inspections and testing; and
(5) Performance guarantee, maintenance guarantee for major subdivision improvements.
(Ord. 2-2004. Passed 2-23-04.)
(a) Violations. Whoever willfully violates any provision of these Regulations or fails to comply with any order issued pursuant thereto, shall be subject to enforcement and penalties as provided herein. Each day during which violation of any provision of these Subdivision Regulations shall continue shall be deemed to constitute a separate violation.
(b) Enforcement. In case any person violates any of the provisions of these Subdivision Regulations, the City Solicitor, in addition to the remedies otherwise provided by law, is hereby authorized to institute an appropriate action or proceeding at law or in equity to prevent such violation or to restrain, correct or abate such violation.
(c) Penalties. Any person who violates any provision of these Subdivision Regulations shall be guilty of a misdemeanor of the third degree.
(Ord. 2-2004. Passed 2-23-04.)
(a) If any person shall be aggrieved by an action of the Planning Commission, appeal in writing to the City Council may be taken within ten days after the date of the action by the Planning Commission. Appeal shall only be made on the grounds that the Planning Commission has acted in a manner not authorized by, contrary to, or otherwise inconsistent with these Regulations, or has unduly denied relief afforded by these Regulations. Action by the Planning Commission to deny a plat (or failure to take action with regard to an application for a plat) in a manner conforming to these regulations, shall not be grounds for appeal.
(b) A hearing thereon shall be held, on 15 days notice to all parties in interest, who shall be afforded an opportunity to be heard. After such hearing, the City Council may affirm or reverse the action of the Planning Commission by a concurring vote of not less than five members of Council. The findings and reasons for the disposition of the appeal shall be stated on the records of the City Council.
(Ord. 2-2004. Passed 2-23-04.)
(a) Modifications and Exceptions for Practical Difficulties.
(1) Where it can be shown in the case of a proposed subdivision that strict compliance with the requirements of one or more of the provisions of Chapter 1236 of these Subdivision Regulations is impractical due to the specific circumstances of the subdivision, or that these conditions would result in retarding the achievement of the objectives of these Regulations, then the Planning Commission may recommend, subject to approval of Council, that the specific provisions be varied, modified or waived after making findings of fact setting forth the reasons therefor, so that substantial justice may be done and the public interest secured. Any such determination shall be based fundamentally on findings that exceptional conditions not caused by action of the subdivider require such exception and that the granting thereof will not adversely affect the general public nor have the effect of nullifying the intent of these Regulations or of the General Development Plan.
(2) Standards.
A. In no case shall any exception be more than the minimum easing of the requirements necessary to resolve the difficulty; in no case shall it have the effect of reducing the traffic capacity of any major or secondary road and in no case shall it be in conflict with existing zoning regulations.
B. In granting exceptions, the Commission shall make findings of fact and state reasons therefor, and may require such conditions, subject to approval of Council, as will, in its judgment, secure substantially the objectives of the standards and requirement so affected.
C. No exception shall be granted to resolve practical difficulties which result from failure of the subdivider to evaluate the property and its conditions, to determine the applicable regulations, to care fully plan and design the improvements, or to otherwise anticipate and prepare a conforming and feasible plan of development.
(3) Application. The subdivider shall submit an application for an exception in writing to the Director of Planning simultaneously with the preliminary plat for the subdivision. The application shall explain in detail the reasons for and facts supporting the request.
(Ord. 2-2004. Passed 2-23-04.)