The approvals required under these subdivision
regulations shall be obtained prior to the installation of any subdivision
or project improvement within the City in the public streets, public
alleys, public rights-of way and public easements, and/or streets,
alleys, rights-of-way and easements that are under the ultimate jurisdiction
of the City. All subdivisions or project improvements within the City
installed in public streets, public alleys, public rights-of way or
public easements, and/or streets, alleys, rights-of-way and easements
that are under the ultimate jurisdiction of the City, shall comply
with these subdivision regulations and any other related provision
of the Code of the City of Rockwood.
[Amended 4-3-2002 by Ord. No. 404]
A.
Generally. Preliminary tentative plat and final plat
review fees, planning fees, engineering fees, attorney's fees, inspection
fees, water and sewer connection charges and other applicable development
charges shall be paid by the proprietor as may be provided for by
resolution of the City Council.
B.
Plan review fees shall be charged for the review of
plats, site condominiums and lot splits by the City Planner at the
rates specified by resolution of the City Council.
C.
Engineering review fees shall be set by resolution
of the City Council.
D.
Municipal review and administrative fees. One-half
percent of the construction cost for review of the design of all utilities
and improvements shall be charged.
E.
Attorney's fees. A prevailing hourly charge to be
agreed upon with Council shall be charged by the City Attorney for
review of open space projects, reviewing deed restrictions, homeowners'
association articles, bylaws and perpetual maintenance agreements
and any other documents requested to be reviewed by Council.
A.
Hardship. Council may authorize a variance from these
subdivision regulations when, in its opinion, undue hardship may result
from strict compliance. In granting any variance Council shall prescribe
only conditions that it deems necessary to or desirable for the public
interest. In making its findings, as required in this subsection,
Council shall take into account 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.
No variance shall be granted unless Council finds that:
(1)
There are special circumstances or conditions affecting
the property such that the strict application of these subdivision
regulations 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.
(3)
The granting of the variance will not be detrimental
to the public welfare or injurious to other property in the territory
in which such property is situated.
B.
Application. An application for any such variance
shall be submitted by the proprietor, in writing, at the time the
preliminary Stage I tentative plat is filed. Such application shall
state fully and clearly all facts relied upon by the proprietor and
shall be supplemented with maps, plans or other additional data which
may aid in the analysis of the proposed project. The plans for such
development shall include such covenants, restrictions or other legal
provisions as are necessary to guarantee the full achievement of the
plan.
