[HISTORY: Adopted by the Town Council of
the Town of Coventry 11-12-1991 by Ord. No. 9-91-0181 as Ch. 14, Art.
III, of the 1991 Code. Amendments noted where applicable.]
For the purpose of promoting the general welfare,
safety, morals and general health of the Town, the Planning Commission
is hereby granted the authority to adopt, modify and amend rules and
regulations governing the platting and subdivision of land within
the Town. The Planning Commission shall adopt, modify and amend such
rules and regulations and shall approve, modify and approve or disapprove
plats and proposed subdivisions in accordance with the provisions
of such rules and regulations.
A.
Created; membership; appointment; residency; compensation.
A Subdivision Board of Review is hereby created. This Board shall
consist of five members, each to hold office for a term of five years;
provided, however, that the original appointments shall be made for
terms of one year, two years, three years, four years and five years
respectively. Members of this Board shall be appointed by the Town
Council, shall be residents of the Town, and shall serve without compensation.
B.
Powers and duties; appeals to Board.
(1)
The Subdivision Board of Review shall have the following
powers:
(a)
To hear and decide appeals where it is alleged
there is error in any order, requirement, decision or determination
made by the Planning Commission in the enforcement of this chapter
or of the rules and regulations adopted pursuant to this chapter.
(b)
To authorize, upon appeal in specific cases,
such variance in the application of the terms of the rules and regulations
adopted pursuant to this chapter as will not be contrary to the public
interest where, owing to special conditions, a literal enforcement
of the provisions of such rules and regulations will result in unnecessary
hardship, and so that the spirit of the rules and regulations shall
be observed and substantial justice done.
(2)
In exercising the powers set out in Subsection B(1) of this section, the Subdivision Board of Review may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the decision appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Planning Commission.
(3)
The concurring vote of three members of the Subdivision
Board of Review shall be necessary to reverse any decision or determination
of the Planning Commission.
(4)
The Subdivision Board of Review shall fix a reasonable
time for the hearing of the appeal, give public notice thereof as
well as due notice to the parties in interest, including the applicant,
abutting owners and any other persons who entered appearances before
the Planning Commission, and shall decide the appeal within a reasonable
time. Any party in interest may appear at the hearing in person or
by agent or by attorney.
Any person, whether or not previously a party
of the proceedings, aggrieved by a decision of the Subdivision Board
of Review, or by a decision of the Planning Commission from which
no appeal lies to the Subdivision Board of Review, or by failure of
the Planning Commission to take final action with respect to any plat
within the required time, may appeal to the Superior Court of the
county, by complaint filed within 15 days after such decision is recorded
or within 15 days after the expiration of the required time for final
action on the plat. Any person owning land in the Town located within
1,000 feet of the subdivision involved shall have the status of an
aggrieved person if the value or use of his land may be affected by
the recording of such subdivision.
The Town Clerk is hereby ordered to accept for
recording only plats showing the endorsement of approval of the Planning
Commission.
The Building Inspector is hereby ordered to
withhold the issuance of a building permit for any lot not shown on
a recorded plat or plan. Any permit issued contrary to this section
shall become null and void.
Any person who transfers, sells or negotiates
to sell any land within a subdivision by reference to or exhibition
of or by other use of a plat of such subdivision before such plat
has been approved by the Planning Commission and has been recorded
shall be subject to a penalty of $100 for each lot so transferred,
sold or negotiated for sale. The description of such lot by metes
and bounds in the instrument of transfer or other document used in
the process of transferring or selling shall not except the transaction
from such penalties or from the remedies provided in this chapter.
The Town may enjoin such transfer or sale or agreement by action for
injunction brought in the Superior Court of the county or may recover
such penalty by an action of the case in any court of competent jurisdiction,
or may pursue both of such remedies.
Any sale of land subdivided in violation of
the provisions of this chapter shall be voidable at the option of
the purchaser thereof and shall subject the seller thereof to the
forfeiture of any and all consideration received or pledged therefor
together with any damages sustained by such purchaser, who may maintain
an action of the case to recover any amounts due him under the provisions
of this section.
