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§ 154.096 VARIANCES.
   (A)   When a subdivider can show that a provision of these regulations would cause unnecessary hardship if strictly adhered to and where, because of some condition peculiar to the site, in the opinion of the Planning and Zoning Commission and/or the City Council a departure may be made without destroying the intent of such provisions, the City Council may authorize a variance. The Council shall consider the nature of the proposed usage of land involved, the existing usage of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of a such variance on traffic conditions and public health, safety, convenience, and welfare of individuals in the vicinity. No variances will be granted unless the Council finds the following:
      (1)   There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of the chapter would deprive the applicant of the reasonable use of his or her land;
      (2)   The variances are necessary for the preservation and enjoyment of a substantial property right of the applicant and the granting of the variance will not be detrimental to the public health, safety, or welfare of individuals, or injurious to other properties in the area; and
      (3)   The granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this chapter.
   (B)   Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
   (C)   Any variance thus authorized is required to be entered in writing into the minutes of the Commission and/or the City Council and the reason which justified the departure to be set forth, and such variance must be authorized by affirmative vote of not less than two-thirds of the entire members of the City Council.
(Ord. passed 4-20-2000)
§ 154.097 INSPECTION OF CONSTRUCTION.
   (A)   The city shall be given opportunity to inspect all phases of the construction of improvements for subdivisions. The subdivider, or his or her contractor, shall maintain daily contact with the City Engineer, or his or her representative, during construction of improvements.
   (B)   No sanitary sewer, water, or storm sewer pipe shall be covered without approval of the City Engineer or his or her representative. No concrete shall be poured for streets, structures, or curbs and gutters without said approval. No flexible base material shall be placed on the street subgrade, or asphaltic surface applied to the flexible base of a street without said approval.
(Ord. passed 4-20-2000)
FILING FEES AND CHARGES
§ 154.110 FEE SCHEDULE.
   (A)   The following schedule of fees and charges shall be paid to the city when any plat is tendered to the Planning and Zoning Commission, City Council, or any other authorized board or agency of the city. Each of the fees and charges provided herein shall be paid in advance, and no action of the Commission, the City Council or any other board or agency shall be valid until the fee or fees shall have been paid to the officer designated therein.
   (B)   These fees shall be charged on all plats, regardless of the action taken by the Planning and Zoning Commission and the City Council, and whether the plat is approved or denied.
   (C)   The subdivider shall cause a check to be made payable to the City of Tool to cover all recording fees involved in finishing the platting process and have this delivered to the City Secretary prior to the submission for approval.
   (D)   The City Engineer shall calculate the fees and charges, in accordance with the following schedule:
      (1)   Preliminary plats. Fifty dollars per plat, plus $3 per lot.
      (2)   Final plats. One hundred dollars per plat, plus $3 per lot.
      (3)   Combination preliminary and final plats. One hundred dollars per plat, plus $3 per lot.
      (4)   Multiple dwelling, commercial, or industrial areas. For approval of multiple dwelling areas, commercial, or industrial areas not subdivided into lots, the preliminary plats shall carry a fee of $50 per plat, plus $5 per acre. The fee for the final plat shall be $100 per plat, plus $5 per acre.
      (5)   Modular homes. One hundred dollars per plat, plus $3 per lot.
      (6)   Mobile home subdivision. One hundred dollars per plat, plus $3 per lot or mobile home space.
      (7)   Mobile home parks. One hundred dollars per plat, plus $3 per mobile home space.
      (8)   Replat. In the event of a replat, the subdivider shall reimburse the city for all costs incurred in the process of carrying out all replatting requirements as outlined in § 154.089(M).
(Ord. passed 4-20-2000)
§ 154.999 PENALTY.
   Any person violating this chapter or any portion thereof shall upon conviction be guilty of a misdemeanor and shall be fined any sum not exceeding $1,000 and each day that such violation continues shall be considered a separate offense and punishable accordingly.