All proposed subdivisions or land developments
shall be coordinated and planned so as to be compatible with adjoining
or nearby neighborhoods or approved subdivisions or land developments
to the end that harmonious development will result. Such coordination
shall also pertain to subdivisions or land developments located adjacent
to neighboring municipalities.
All work and materials shall be subject to inspection
for conformity with the terms of this chapter by the Code Administrator,
Assistant Code Administrator, City Engineer, Building Inspector, Plumbing
Inspector or designated representatives.
A. When any work or materials are determined by the city's
representative not to be in compliance with the terms of this chapter
or any other city ordinance, code, regulation, plan or map or at variance
with any permit issued therefor, the city's representatives may, by
notice in writing or verbal order followed by notice in writing, direct
that all work upon improvements in the subdivision or land development
shall forthwith stop until such noncompliance or variance is corrected.
Except as the city's representative may deem necessary to prevent
injury or damage to persons or property, no work shall thereafter
be performed upon the same except in accordance with the order of
the city's Engineer, Building Inspector or designated representative.
B. No underground pipes, works, lines, structures, subgrades
or base courses shall be covered until the same shall be inspected
and approved by the City Engineer; and if the same have been covered
contrary to the provisions hereof, upon the order of the City Engineer,
the landowner or developer shall cause the same to be forthwith uncovered,
at his or her expense, so as to permit the inspection thereof.
C. When an inspection of any improvements shall be required
or desired by the landowner or developer, the landowner or developer
shall give the City Engineer 48 hours' notice in advance.
When a subdivision and/or land development plan
has been approved and recorded in accordance with the provisions of
this chapter and the improvements thereon completed and approved by
the City Council or, in lieu thereof, an improvement bond or other
security has been furnished the city, the purchasers and mortgagees
of lots in the subdivision or land development shall be relieved of
any and all liability for any deficiency in, lack of or failure to
complete said improvements by the landowner or developer; and any
failure to complete or properly complete said improvements shall not
encumber any lot or lots in said subdivision or land development.
Before acting upon any subdivision and/or land
development plan, the City Council may conduct a public hearing thereon,
pursuant to public notice.
The landowner and/or developer shall notify
in writing all builders and/or contractors that they shall perform
all work in accordance with the regulations and requirements of this
chapter and such other city ordinances, codes, regulations, plans
and maps as shall be applicable thereto. Such notification shall be
submitted to the city prior to construction and placed on file.
The Planning Commission may recommend to the
City Council that the site requirements of this chapter for a subdivision
and/or land development be modified or altered in order to encourage
or promote economy and ingenuity in the layout and design of subdivisions
and land development, to more effectively protect unique and/or sensitive
natural areas or to more effectively conform to the purposes of this
chapter, as follows:
A. With respect to encouraging or promoting economy and
ingenuity in the layout and design of subdivisions and land developments,
the Planning Commission may recommend modifications to site requirements
for, but not limited to, the following types of proposals:
(1) Those which may involve special forms of solar energy
conservation.
(2) Those which may involve the conversion, reuse and/or
adaptation of an existing structure or building.
(3) Utilization and layout of open space.
B. With respect to more effectively protecting various
sensitive natural areas, the Planning Commission may recommend modifications
to site requirements for, but not limited to, the following types
of proposals:
(1) Those which would more effectively protect existing
trees and woodlands.
(2) Those which would minimize extensive grading and the
displacement of soil.
(3) Those which would minimize surface water runoff and
improve the management of stormwater.
(4) Those which would preserve historic or cultural sites
or structures.
(5) Those which would minimize visibility of development
and protect existing visual quality.
C. In granting modifications to the landowner or developer,
the City Council may impose such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or modified.
D. In addition to the foregoing, one or more provisions
of this chapter may be modified by the City Council, upon recommendation
of the Planning Commission, if the literal enforcement of the provisions
will exact undue hardship because of peculiar conditions pertaining
to the land in questions, provided that such modification will not
be contrary to the public interest and that the purpose and intent
of this chapter are observed.
(1) All requests for a modification shall be in writing
and shall accompany and be a part of the preliminary or final plan
application for subdivision and/or land development. The request shall
state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of this
chapter involved and the minimum modification necessary.
(2) The Planning Commission shall keep a written record
of all action on all requests for modifications.
(3) The City Council may authorize a waiver of these regulations.
In granting any modification, the City Council shall prescribe any
conditions that they deem necessary to or desirable for the public
interest. In making their findings, the City Council shall take into
account the nature of the proposed use of land and the existing use
of land in the vicinity, the probable effect of the proposed subdivision
and/or upon traffic conditions, fire, police protection and other
utilities and services in the vicinity. No modification shall be granted
unless the City Council finds that:
(a)
There are special circumstances or conditions
affecting said property such that the strict application of the provisions
of this chapter would deprive the applicant of the reasonable use
of this land.
(b)
The modification is necessary for the preservation
and enjoyment of a substantial property right of the applicant.
(c)
The granting of the modification will not be
detrimental to the public welfare or injurious to other property in
the area in which said property is situated.