[Amended 9-27-2010 by Ord. No. 10-5]
The following regulations and charges shall be hereby established
to govern the administration of this Code.
(A) There is hereby established a fee for the approval of preliminary
and final plats, as follows:
(1)
Preliminary plat. $25 for each preliminary plat plus $5 for
each lot within the proposed subdivision, with a minimum total charge
of $50.
(2)
Final plat. Five dollars for each lot within each subdivision
plat submitted with a minimum fee of $25. An additional fee charge
to the subdivider shall be made for cost of engineering inspections
by the Village Engineer. Such fee shall be established by the Village
based on current rates and standard engineering practice. All such
fees shall be payable to the Village of Harristown by certified check
or money order.
[Amended 9-27-2010 by Ord. No. 10-5]
(A) Penalties. Whoever willfully violates any rule or provision of these
regulations or fails to comply with any order pursuant thereto shall
forfeit and pay not less than $1,000. Each and every day a violation
exists shall constitute a new and separate violation under this Code.
(B) Any person, whether he be the owner or agent of the owner who transfers
any subject, parcel or tract of land before a plat has been approved
by the Village and recorded in the office of the County Recorder,
shall forfeit and pay the sum of not less than $250 nor more than
$1,000 for each sublot, parcel, or tract of land so sold. The description
of such sublot, parcel, or tract by metes and bounds in the deed or
transfer shall not serve to exempt the seller from the forfeiture
provided in this section.
(C) Any person who disposes of or offers for sale or lease for a time
exceeding five years, any sublot or any part of a sublot, in a subdivision
before provisions of these regulations are complied with, shall forfeit
and pay $1,000 for each sublot or part of a sublot so sold, offered
for sale, or leased, to be recovered with costs in a civil action,
in the name of the Village Treasurer for the use of the Village.
The Village Board may on recommendation of the Plan Commission
grant special exceptions or variances under these regulations.
(A) Variances. The corporate authority may grant variances to these regulations
where unusual or exceptional factors or conditions require such modification
provided that the Plan Commission, after a hearing, shall:
(1)
Find that unusual topographical or exceptional physical conditions
exist.
(2)
Find that strict compliance with these regulations would create
an extraordinary hardship in the face of the exceptional conditions.
(3)
Permit any modification to depart from these regulations only
to the extent necessary to remove the extraordinary hardship.
(4)
Find that such modifications would improve the Village over
what would be allowed under the terms of this Code.
(5)
Find that any modification granted will not be detrimental to
the public interest not in conflict with the intent and purpose of
these regulations.
(6)
Require such other conditions to be met by the proposed plat
as the Planning Commission may find necessary to accomplish the purpose
of this Code when modified.
The standards and requirements of this Code may be modified
on a broad scale by the Village Board in the case of a plan or program
for a special subdivision or neighborhood unit. Such modification
shall not be approved until after written recommendation of the Plan
Commission, which recommendation may be given when in the judgment
of the Plan Commission, the specific plan or program presented provides
adequate public space and improvements for the circulation, recreation,
light, air and service needs of the tract when fully developed and
populated, and which also provides such covenants or other legal provisions
as will assure conformity to and achievement of the plan. The Village
further reserves the right to require the subdivider to meet any additional
specifications and/or restrictions it may deem necessary to accomplish
the purpose of this Code when modified.
Amendments to this Subdivision Code shall be approved by the
Village Board as provided by Statute; providing, however, that no
amendment shall be adopted without first referring the proposed amendment
to the Plan Commission and receiving a report therefrom except, however,
if no report is received within 90 days, it shall be deemed to be
approved by the Plan Commission.