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.