[Ord. No. 192 §900, 12-2-1986]
A. Variances.
1. When the subdivider can show that provision of these standards would
cause unnecessary hardship if strictly adhered to, and where, because
of topographical or other conditions peculiar to the site, in the
opinion of the Planning Commission, a departure may be made without
destroying the intent of such provisions, the Planning Commission
may recommend a variance to the Board of Aldermen. Any variance thus
authorized is to be stated in writing in the minutes of the Planning
Commission with the reasoning on which the departure was justified
set forth.
2. These variances shall never be authorized as a blanket variance for
an entire subdivision.
B. Application. Application for a variance shall be submitted
in writing by the subdivider at the time when the preliminary plat
is filed for the consideration of the Planning Commission. The petition
shall state fully the grounds for the application and all the facts
relied upon by the petitioner.
C. Conditions. In granting variances and modifications, the
Planning Commission and Board of Aldermen may require such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so verified or modified.
D. Stage Construction. The developer may, after receiving approval of the preliminary plat, petition the Planning Commission to proceed with the subdivision by stages. The area may be subdivided into sections, and after the approval of the Planning Commission and the Board of Aldermen, the installation of improvements as required in Section
410.080 may be constructed.
E. City Not Obligated To Expend Funds. The City shall not be
obligated for the expenditure of any funds whatsoever under and pursuant
to the terms of these subdivision regulations unless and until the
Board of Aldermen shall have approved such expenditure by a majority
vote.
[Ord. No. 192 §1000, 12-2-1986]
A. Notice Of Action Taken.
1. Whenever the Planning Commission adopts the plan of the City or any
part thereof, no street or other public facilities, or no public utility,
whether publicly or privately owned, and, the location, extent and
character thereof having been included in the recommendations and
proposals of the plan or portions thereof, shall be constructed or
authorized in the City until the location, extent and character thereof
has been submitted to and approved by the Planning Commission.
2. In case of disapproval the Planning Commission shall communicate
its reasons to the Board of Aldermen, and the Board of Aldermen, by
vote of not less than two-thirds (2/3) of its entire membership, may
overrule the disapproval and, upon the overruling, the Board of Aldermen
or the appropriate board or officer may proceed, except that if the
public facility or utility is one the authorization or financing of
which does not fall within the province of the Board of Aldermen,
then the submission to the Planning Commission shall be by the board
having jurisdiction, and the Planning Commission's disapproval may
be overruled by that board by a vote of not less than two-thirds (2/3)
of its entire membership. The acceptance, widening, removal, extension,
relocation, narrowing, vacation, abandonment, change of use, acquisition
of land for, sale or lease of any street or other public facility
is subject to similar submission and approval, and the failure to
approve may be similarly overruled. The failure of the Planning Commission
to act within sixty (60) days after the date of official submission
to it shall be deemed approval.
B. Official Recording.
1. No plat or description of a subdivision shall be filed in the office
of the County Recorder until the same shall have been given final
approval by the Board of Aldermen. This plat or description must be
signed by the Mayor and attested by the City Clerk.
2. All final plats shall be filed and recorded within two (2) years
of the date of approval by the Board of Aldermen, and no lots shall
be sold from any plat until same has been recorded as herein provided.
Failure to record such approved plat within two (2) years of the approval
shall void all approvals thereto.
C. Agenda. Each major or minor plat submitted for preliminary
or final approval shall be placed on the Planning Commission's agenda
only after fulfilling the appropriate requirements of these regulations.
However, a plat not meeting all the requirements may be submitted
providing the subdivider presents with the plat a letter requesting
the specific exception and enumerating in detail the reason therefor.
[Ord. No. 1005, 12-7-2020]
D. Amendments. The Board of Aldermen may from time to time
amend and make public rules and regulations for the administration
of these subdivision regulations after referral to the Planning Commission,
to the end the public be informed and that approval of plats of subdivisions
be expedited.
E. Penalties.
1. Sale of land in unapproved plat. No owner, or agent
of the owner, of any land located within the platting jurisdiction
of the City of Rogersville, knowingly or with intent to defraud, may
transfer, sell, agree to sell, or negotiate to sell that land by reference
to or by other use of a plat of any purported subdivision of the land
before the plat has been approved by the Board of Aldermen or Planning
Commission and recorded in the office of the County Recorder. Any
person violating the provisions of this Section shall forfeit and
pay to the City a penalty not to exceed three hundred dollars ($300.00)
for each lot transferred or sold or agreed or negotiated to be sold;
and the description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the transaction from this penalty. The City may enjoin
or vacate the transfer or sale or agreement by legal action and may
recover the penalty in such action.
2. Any persons violating the provisions of this act shall be guilty
of a misdemeanor and upon conviction thereof shall be fined not less
than one hundred dollars ($100.00) nor more than five hundred dollars
($500.00) or by confinement in the County Jail for not more than one
(1) year, or by both such fine and confinement.