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(E) 'Concrete.curb and gutter shall be required. (P) Where on-site sanitarq sewer fa- cilities are proposed to be utilized, soil percola•tion tests shall be made with the results presented to the Village Engi- neer. The Engineer shall then preaent a xeport thereon to the Village Council, which may prohibit the use of individual sewer systems, re4uire larger lot sizes, ~ . or utherwise aot to Protect the Publie ' . health and welfare. Section 12. Building Permit. No building permit shall be issued for the construction of any building, struc- ture or improveynent on any land re- quired to be aubdivided by this ordinance until all requirements of this ordinance ~ have been fully complied with. Section 13. Variances. i(iA) Generally. The Village Council may grant a variance from these regula- tions following a finding thait all of the following conditions exist: 1. There are special circumatances or conditions affecting said property such that the strict application of the pro- - visions of this OrdinanGe wou]d deprive khe anplicant of the reasonable use af his land. 2. The variance is necessary for the preservation and enjoyment of a sab- stantial, prrnperty right of the appli- cant. 3. The granting of the variance will not be vietr5mental to the public welfare or injurioua to other property in the . territory in which said property is situ- ' ated. In making this finding the Council . ahall consider the nature af the pmposed u•se of ]and 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 efifect of the pro- - posed su'bdivision upan traffic condi,tions . in the vicinity. In granting a variance as herein provided the 'Council shall prescribe only such conditions that it deema desirable or necessary to the public interest. I(g) The 'Counci] 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 praposed development is fully consistent with the purpose and intent of khis Ordinance. A "planned unit development" ahall be considered any develapment which consists of two or more principal stnucctures or uses on a single lot or Parcel of land for which a complete, detailed plan has been submitted showing all Proposed structures, uses, tnaffic- . ways, sidewalks, ]andscaping,, off-atreet . parking, and other features and facilities. The purpose of the "planned unit develop- men,t" ,provisians is'ko relate subdivision , regulaitions to simi}ar provisions in the - zoning ordinance and to provide flexi- bility for new development and deaign trends. (IC) Applications Required. A.pplica- tion for any such variance sha71 be in . writing by the subdivider at the tisne ' when the preliminary plat is filed for the consideration of the VillAge. Coun- cil, stating fully and clearly aIl facts - relied uFon by the petitioner, and shall be swpplemented with maFS. Alans or other additional data which may aid the Village ICouncil in the analysis of the proposed Project. The plans for such - development shall include such covenants, " . restrictions or other ]egal provisians 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 asd approved as provided i,n this ordinance, ahall be filed and kept by the Village Clerk among the records of the Village of Arden Hi11s. Section 15. Validity_ . If any section, subsection, sentence, elause or phrase of this ordina.nce is for -any reason held to be invalid, such de- - ~ cision shall not :affect the va]iditY of the remai,ning portions of this ordinance. Section 16. Penalty For Violation. A violation of the Tarovisions of this _ ordinance'shall conetitute a znisdemeanor and shall be punishable by a fine of ug to $100.00 or imprisonment up to a term not to exceed 90 days. - Section 17. Effective Date. ~ This ordinance shall be in ful] force and effect from and after ita passage and publication in the official Village newspaper. ;Adapted by the Village Council of the Village of Arden Hillus this '27th day af March, 19'97. Itobcrt E. Nethercut, 14Iayor Atteat: Lorraine E. Stromqtliat YAd,ministrative Clerk New Brighton BulIetin April 6, 1967 '