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(E) 'Concrete curb and gutter shall be required. (F) Where on -site sanitary sewer fa- cilities are proposed to be utilized, soil Percolation tests shall be made with the results presented to the Village Engi- neer. The Engineer shall then present a report thereon to the Village Council, which may prohibit the use of individual sewer systems, require larger lot sizes, or otherwise act to .protect the public health and welfare. Section 12. Building Permit. No building permit shall be issued for the construction of any building, struc. ture or improvement on any land re- quired to be subdivided by this ordinance until all requirements of this ordinance have been fully complied with. Section 13. Variances. '(iA) Generally. The Village Council may grant a variance from these regula- tions following a finding that all of the following conditions exist: 1. There are special circumstances or conditions affecting said property such that the strict application of the pro- visions of this Ordinance would deprive the applicant of the reasonable use of his land. 2. The variance is necessary for the Preservation and enjoyment of a sub. stantial property right of the appli- cant. 3. The granting of .the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situ- ated. In making this finding the Council shall consider the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdi- vision and the probable effect of the pro. Posed subdivision upon traffic conditions in the vicinity. In granting a variance as herein provided the -Council shall prescribe only such conditions that it deems desirable or necessary to the Public interest. I(B) The 'Council may also grant vari- ances from the provisions of this or- dinance in the case of a "Planned unit development," provided the Council, upon review and recommendations from the Planning 'Committee, shall find that the Proposed development is fully consistent with the purpose and intent of this Ordinance. A "planned unit development" shall be considered any development which consists of two or more principal structures or uses on a single lot or parcel of land for which a complete, detailed plan has been submitted showing all proposed structures, uses, traffic - ways, sidewalks, landscaping, off-street Parking, and other features and facilities. The purpose of the "planned unit develop- ment" provisions is to relate subdivision regulations to similar provisions in the zoning ordinance and to provide flexi- bility for new development and design trends. •(IC) Applications Required. Applica- tion for any such variance shall be in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Village Coun- cil• stating fully and clearly all facts relied upon by the petitioner, and shall be supplemented with maps. plans or other additional data which may aid the Village (Council in the analysis of the Proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions ne. cessary to guarantee the full achieve- ment of the plan. Section 14. Copies of Plats. Copies of all of such plats of sub- divisions, after the same have been sub. mitted and approved -as provided in this ordinance, shall be filed and kept by the Village Clerk among the records of the Village of Arden Hills. Section 15. Validity. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such de- cision shall not affect the validity of the remaining portions of this ordinance. Section 16. Penalty For Violation. A violation of the provisions of this ordinance shall constitute a misdemeanor and shall be punishable by a fine of up to $100.00 or imprisonment up to a term not to exceed 90 days. Section 17. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication in the official Village newspaper. ,Adopted by the Village Council of the Village of Arden Hills this 27th day of March, H167. Robert E. Nethercut, Mayor Attest: Lorraine E. Stromquist Administrative Clerk New Brighton Bulletin April 6, 1967