[CC 1976 §24½-91; Ord. No. 94-12, §1(Art. 8, §24½-8.1), 2-28-1994]
A.
Filing Fee. There shall be a one hundred fifty dollar ($150.00)
filing fee accompanying the submission of a proposed preliminary plan,
except where previously reviewed under the special procedure section
of the Zoning Code, in which case there shall be no fee. Credit shall
be given to the developer for fifty percent (50%) of the filing fee
at the time of submission of a proposed record plat. There shall be
a seventy-five dollar ($75.00) filing fee for a condominium plat or
boundary adjustment.
B.
Subdivision Permit Fees.
1.
There shall be a fifteen dollar ($15.00) per lot subdivision permit
fee accompanying the submission of a proposed residential record plat.
2.
There shall be a seven dollar fifty cent ($7.50) per dwelling unit
subdivision permit fee accompanying the submission of a proposed record
plat for multiple-family dwelling unit subdivision.
3.
There shall be a subdivision permit fee accompanying the submission
of a proposed record plat for a non-residential subdivision. The fee
shall be calculated as follows:
Seventy-five dollars ($75.00) per acre for the first twenty
(20) acres; plus an additional fifty dollars ($50.00) per acre for
each acre over twenty (20) and up to one hundred (100) acres; an additional
twenty-five dollars ($25.00) per acre for each acre over one hundred
(100) and up to two hundred (200) acres. There shall be no additional
fee for applications for tracts in excess of two hundred (200) acres.
C.
Display Plat Permit Fee. There shall be a one hundred fifty
dollar ($150.00) filing fee plus a fifty dollar ($50.00) per unit
fee accompanying the submission of a display plat.
D.
Subdivision Inspection Fee. There shall also be inspection
fees at the rate of twenty dollars ($20.00) per hour, on site, or
forty dollars ($40.00) per unit, off site, based upon the Director
of Public Works' estimate of time required to inspect storm sewers,
drainage structures, streets, and sidewalks. The Director of Public
Works shall be entitled to full compensation for the time consumed
in making such inspections. If the estimated fee is inadequate, the
necessary additional fees shall be paid to the City of Overland upon
notice from the Director of Public Works. If the estimated fee is
in excess of the amount actually expended, the balance shall be refunded
to the developer upon approval by the Director of Public Works.
E.
Payment Of Inspection Fees. In addition to all fees provided
for herein, developer shall pay for and arrange for inspections by
the Director of Public Works as may be required by other ordinances
and regulations of the City.
F.
Review Fee. There shall be a fifty dollar ($50.00) review
fee accompanying an application for waiver or modification of the
requirements of this Chapter.
[CC 1976 §24½-92; Ord. No. 94-12, §1(Art. 8, §24½-8.2), 2-28-1994]
The Director of Public Works may adopt, amend, and publish rules
and instructions within the intent of this Chapter for the administration
of this Chapter to the end that the public be informed and that approval
of plats and plans be expedited.
[CC 1976 §24½-93; Ord. No. 94-12, §1(Art. 8, §24½-8.3), 2-28-1994]
Any court-ordered division of a tract of land must comply with
the requirements of this Chapter.
[CC 1976 §24½-94; Ord. No. 94-12, §1(Art. 8, §24½-8.4), 2-28-1994]
When a subdivider can show that a provision of this Chapter
would cause unnecessary hardship, if strictly adhered to, and when,
in the opinion of the Planning and Zoning Commission because of the
conditions peculiar to the site, a departure may be made without destroying
the general intent and spirit of the provision, the Planning and Zoning
Commission may recommend a waiver or modification to the City Council.
The subdivider shall apply in writing for such waiver and modification.
Any such waiver or modification thus recommended shall be entered
in writing in the minutes of the Planning and Zoning Commission. Approval
of the waiver or modification by the City Council shall be by ordinance,
usually part of the ordinance approving the final plat of the subdivision.
[CC 1976 §24½-95; Ord. No. 94-12, §1(Art. 8, §24½-8.5), 2-28-1994]
A.
No
property description of any subdivision within the jurisdiction of
this Chapter shall be entitled to be recorded in the County office
of the Recorder of Deeds or have any validity until it has been approved
in a manner prescribed herein. In the event any such unapproved property
description is recorded, it shall be considered invalid and the City
Attorney may cause proceedings to be instituted to have such plat
or deed declared invalid.
B.
Any person, firm, association, or corporation violating any provisions of this Chapter, or any employee, assistant, agent, or any other person participating or taking any part in, joining, or aiding in, a violation of any provision of this Chapter may be prosecuted as provided by law for the violation of ordinance of the City and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500.00) for any one (1) offense or imprisonment in jail for not more than six (6) months, or by both such fine and imprisonment. Each day a violation continues after service of written notice to abate it shall constitute a separate offense, but no notice to abate is a prerequisite to prosecution of any single violation. Each separate instance of violation of Section 405.370 shall constitute a separate offense.
C.
In
addition to the penalties hereinabove authorized and established,
the City Attorney may take such other actions at law or in equity
as may be required to halt, terminate, remove, or otherwise eliminate
any violation of this Chapter.
