Subdivision 114 Penalties

1) A violation of any provision of this Ordinance is punishable as a Class C misdemeanor upon conviction either: a) As a Class C misdemeanor; or b) By imposing an appropriate civil penalty adopted under the authority of the Act. Section 115—When an Applicant is Entitled to Approval of an Application – Exceptions – County may not Impose Requirements that are Unexpressed – County Required to Comply with the Requirements of this Ordinance: An Applicant is entitled to the approval of an Application, required by this Ordinance, if such Application conforms to the requirements of this Ordinance, and the County’s other Land Use Ordinances, Official Maps, and Administrative Manual, as may be applicable, and in effect at the time the Application is determined to be complete and all fees have been paid, unless: 1) The Land Use Authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or 2) In the manner provided by the Zoning Ordinance and the Act, and before the Application is submitted, the County has formally initiated proceedings to amend its Land Use Ordinances, including this Ordinance, in a manner that would prohibit approval of the Application as submitted. 3) The County shall process an Application required by this Ordinance without regard to proceedings initiated to amend the County’s Land Use Ordinances if: a) One hundred and eighty (180) calendar days have passed since the proceedings were initiated; and b) The proceedings have not resulted in an enactment that prohibits approval of the Application, as submitted. 4) If the Final Subdivision Plat, as required herein, conforms fully to the requirements of this Ordinance, and the County’s other Land Use Ordinances, and Administrative Manual, and has been approved by the Culinary Water Authority and the Sanitary Sewer Authority, as identified herein, the Final Subdivision Plat shall be approved. 5) The County shall not impose on an Applicant, or any holder of any approval required by this Ordinance, any requirement that is not expressed: a) In the approval required by this Ordinance, or in documents on which such approval is based; or b) In this Ordinance, or in the County’s other Land Use Ordinances, including the Zoning Ordinance. 6) The County shall not withhold the issuance of a Certificate of Occupancy because of an Applicant's failure to comply with a requirement that is not expressed: a) In the Building Permit, or in documents on which the Building Permit is based; or b) In this Ordinance, or the County’s other Land Use Ordinances, including the Zoning Ordinance and the Building Code, as adopted. 7) The County shall be bound by the terms and standards of this Ordinance, and the County’s other Land Use Ordinances, and Administrative Manual, as applicable, and shall comply with all mandatory requirements and provisions of such Ordinances, including the Act. 8) The County shall process and render a decision on each Application required by this Ordinance with reasonable diligence.