(A) Land suitability. No land shall be subdivided which is found by the Council to be unsuitable for reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewer disposal capabilities or any other feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community. The Council in applying the provisions of this section shall in writing cite the particular features upon which it bases its conclusions that the land is not suitable for the proposed use and afford the subdivider an opportunity to present evidence regarding suitability at a public hearing. Thereafter, the Council may affirm, modify or withdraw its determination of unsuitability.
(Prior Code, § 12-1496)
(B) Planned cluster developments. A pattern of subdivision development which places dwelling units into compact groupings may be allowed when the proposed clustering provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands and other features of the natural environment than traditional subdivision development. Except for minimum setbacks and height limits, altered dimensional standards may be allowed as exceptions to this chapter for planned cluster developments, provided:
(1) In Rural Districts of this chapter, the number of dwelling units allowed shall not exceed the total number of dwelling units allowed if the development was based on the minimum lot size requirements for a single-family residential subdivision;
(2) In Urban Districts of this chapter and only where public sewer and water will be installed in the proposed cluster development, the number of dwelling units shall not exceed 50% more than the total number of dwelling units allowed if the development was based on the minimum lot size requirements for single-family residential subdivision;
(3) Open space shall be preserved. At least 50% of the length of shoreland or bluffland frontage as viewed from the river shall be kept in its natural state;
(4) Temporary docks, if allowed, shall be centralized and of a size not to exceed the needs of the residents of the development.
(Prior Code, § 12-1497)
Cross-reference:
Lower St. Croix River bluffland and shoreland management, see Ch. 157