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~ .N " . . . (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 khe results presented to the Village Engi- neer. The Engineer shall then present a report thereon ko the Village Council, which may prohibit the use of individual sewer systema, require larger lot sizes, or atherwise aot to protect the public hea]th and welfare. Section 12. Building Permit. ' No building permit ahall be issued for the construction of any building, struc- ~ ture or improverient an any land re- quired to be subdivided 'by this ordinance until all requirements of this ordinance have been fu]]y cam'plied with, . Section 13. Variances. i(A) Generally. The Village 'Council may grant a variance from these regala- tions following a finding thak all of the following conditions exist: 1. There are special circumatances or conditions affecting said property such that the strict application of the pro- vis4ans of thi-s Ordinance would deprive the applicant of the reasonable use af hia land. 2. The variance is necessary for the preaervabion and enjoyment of a aub- stantial praperty right of the appli- cant. 3. The granting of ,the variance will not be detrymental to the. public welfare or injurious to ather property in the - territory in which 9aid praperty is Situ- . . ated. In making this finding the Council shall consider the nature of the proposed - , u-se of land and the existing use of land . in the vicinity, the number of persons to reaide or work in the Aroposed subdi- vision and the probable effect of the pro- nosed subdivi,sion upon traffic condibions in the vicinity. In grantin5; a variance as herein provided the Council ahall prescribe only such conditions that it deems desirable or necessary to the public intercist. 1(I$) The 'Council may also grant vari- ances from the ~provisions of this or- - dinance in the case of a"planned unit development," provided the CounciI, upon review and recommendations from the Planning Committee, shall .find that the praposed development is-fully coasistent- . with the purpose and intent af this Ordinance. A "planned unit development" shall be considered any developznent - - which -consists of two or more principal stnuctures or uses on a single lot or parcel of land £or which a complete, detailed plan has been submitked showing all prnposed structures, uses, traRfic- ways, sidewalks, landscaping, off-street Aarking, and other features and facilities. The purpose of the "planned u-nit develop- ment" ,provisions is to relate subdivision regulaitions to similar provisions in the zoning ardinance and to provide flexi- bility for new development and design trends. (C) Applica•tions Required. Applica- tion for any such variance ahall be in writing by the subdivider at the time when khe preliminary plt is filed for the consideration of the Village 40oun- cil, stating fully and clearly all facts relied upon by the petitioner, and shall be swpplemented with maps, plans or other additional data which may aid the Village iCouneil in the analysis of the . proposed project. The plans for such development shal] include such covenants, , restrictions or other legal pmovisions ne- cessary.to guarantee the full achieve--. - ment of the plan. Section 14. Copies of Plats. iCopies of all of such plats of aub- divisiona, a.fter the same have been sub- mitted and aFProved as provided in this ordinance, shall be fileal and kzpt by the Village Clerk amang the records of the Village of Arden Hi11s. Section 15. Validity. If any section, su7asection, sentence, clause or phrase of this nrdinance is for any reason held to be invalid, such de- cision shall not affect the validity of the remai,ning portions of this ordinance. Section 16. Penalty For Violation A violation of tLe provisiona af bhis . ordinance shall constitute a znisdemeanor and shall be punishable by a fine af up to $100.00 or imprisonment up to a term nat to exceed 90 days. 8ection 17. Effective Date. This ordinanca shall be in full force and effiect from and after its passage and publication in the official Village . new&PaPer:' . Adapted .by the ViPlage Council af the ~ Village of Arden Hills this 27th da9 of March, ~19'6'7. Robert E. Nethercu2, 1Vlayor Attest: - - T.orraine E. Stromquist . iAdministrakive Clerk New Brightan Bulletin April 6, 1967