A fee shall be paid to the City Clerk at the time of submission
of the preliminary plat. No plat shall be forwarded to the Plan Commission
for review without a receipt from the City Clerk being exhibited showing
full payment of the fee. Payment of the fee is in no way contingent
on whether the plat of subdivision submitted is approved or disapproved.
The fee for filing a preliminary plat shall be a minimum of $300 or
that as determined by the City Clerk.
The cost incurred by the City for the review of plans and specifications
by the City Engineer shall be based on an hourly rate as determined
by the City Engineer for the time spent to review the preliminary
and final plat, engineering plans and stormwater management plan and
shall be paid by the owner or subdivider. Such cost shall be paid
to the City Clerk at the time of application for approval of a final
plat. All required land improvements to be installed under the provision
of this chapter shall be inspected during the course of construction
by the City Engineer or other City employee duly appointed by the
City Council. The cost of such inspection, if necessitating the services
of a professional source (e.g., the City Engineer) shall be the actual
cost incurred by the City and shall be paid by the owner or subdivider
to the City Clerk, unless other arrangements have been agreed to by
the owner and the City and prior to the issuance of an occupancy permit.
No building permit as regulated by the Building Code shall be
issued by any governing official for the construction of any building,
structure, or improvement of land or any lot within a subdivision,
as defined herein, which has been approved for platting until all
requirements of this chapter have been fully complied with, unless
a written agreement is entered into between the builder or owner and
the City waiving or postponing such requirements.
A.
After the effective date of this chapter, no permanent building or
structure shall be erected within street rights-of-way within the
City of Mendota.
B.
(1)
If
said nonconforming structure has ceased to be used in excess of one
year, or has been removed from said premises, a similar use may be
continued for a similar structure constructed on said premises, provided
the consent of all adjoining property owners is obtained in writing
and the Building Inspector makes a determination that said structure
will not adversely affect the property values of the property owners
in the area.
(2)
If
said structure or usage is to continue on said premises, the signed
consent of the adjoining property owners shall be submitted to the
Building Inspector prior to the request for said nonconforming structure
or usage.
(3)
If
the Building Inspector determines that no one would be adversely affected,
he may grant the request, which shall be submitted to the City Council
at its next regular meeting for approval.
No occupancy permit shall be granted by any governing official
for the use of any building, structure, or land improvements within
a subdivision approved for platting or replatting until all required
utility facilities have been installed and made ready to service the
building, structure, or land improvement, and all roadways providing
access to the lot or lots containing such improvements have been fully
constructed and, further, all such finished utility facilities and
roadways have received the approval of the City Engineer and all required
fees have been paid and all as-built plan improvements have been submitted
in electronic ACAD.dwg form to the City Engineer.
A.
The Plan Commission may recommend variances from the literal application
of the design standards specified in this chapter based on the following:
(1)
When conformance with these standards is unrealistic based on existing
topography and/or surrounding development; or
(2)
When an existing plat is to be replatted in a manner which more nearly
complies with these requirements than the existing plat; or
(3)
When the proposed subdivision or planned unit development does not
follow the conventional system of development of lots, blocks or streets;
or
(4)
When, in the Plan Commission's opinion, a specific item variance
is warranted based on the Commission's experience.
B.
In recommending
any variance, the Plan Commission shall specify conditions necessary
to assure that the proposed subdivision:
C.
Such recommendations shall be communicated to the City Council authorities
in writing, substantiating the recommended variations. The City Council
may approve variations from these requirements for subdivisions or
PUD when, in its opinion, such variations will not adversely affect
the spirit of this chapter. The Plan Commission shall notify the owner
or subdivider and other interested parties as to the time and place
of the Plan Commission meeting where these variations will be considered
and where the owner or subdivider and other interested parties will
be afforded an opportunity to be heard. Such notice shall be published,
posted or delivered in such form as prescribed by the City Attorney.
No plat of any subdivision or planned unit development shall
be entitled to be recorded in the Recorder's office having any
validity until it shall have been approved in a manner prescribed
in this chapter.
All of such plats of subdivision, after the same have been submitted
and approved as provided in this chapter and recorded in the office
of the Recorder of Deeds of LaSalle County, shall be filed and kept
by the City Clerk among the records of the City.
Any person, firm or corporation who or which is charged with
a duty under this chapter and who fails, neglects or refuses to abide
by the same or to perform such duty, or who knowingly or unknowingly
violates any of the provisions of this chapter, shall be deemed guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than $500 nor more than $1,000. Each day that a violation of
this chapter continues shall constitute a separate and distinct offense
and shall be punishable as such.
