Subd. 1. Any proposed subdivision requiring City Council approval pursuant to this chapter and deemed premature for development shall not be approved by the City Council. A subdivision shall be deemed premature if any one or more of the following conditions exist.
1. Lack of Adequate Drainage. Factors to be considered in determining a lack of adequate drainage shall include, but shall not be limited to: average rainfall for the area; the relation of land to floodplains; the nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems; the slope of the land and its effect on effluents; the presence of streams as related to effluent disposal. A condition of inadequate drainage shall be deemed to exist if:
a. Surface or subsurface water retention/detention and runoff is such that it constitutes a danger to the structural security of the proposed development, or flood of the subdivision or downstream property;
b. The proposed subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or downstream land; and
c. The proposed site grading and development will cause siltation on downstream land.
2. Lack of Adequate Water Supply. A proposed subdivision shall be deemed to lack adequate water supply if it does not have adequate sources of water or treatment capacity to serve the proposed subdivision if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas.
3. Lack of Adequate Streets. A proposed subdivision shall be deemed to lack adequate streets to serve the subdivision when:
a. Streets which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance, or surface condition that the traffic volume generated by the proposed subdivision would create a nuisance (including, but not limited to, maintenance concerns), or a hazard to public safety and general welfare, or would seriously aggravate an existing hazardous or nuisance condition, and when, with due regard to the advice of the City Engineer, County Highway Engineer, and/or the State Department of Transportation, the streets are inadequate for the intended use; or
b. The traffic volume generated by the proposed subdivision would create congestion or unsafe conditions on streets existing or proposed at the time of the application.
4. Lack of Adequate Waste Disposal Systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems if:
a. Sanitary sewer is neither available nor proposed; or
b. Available or proposed sanitary sewer is inadequate to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five years.
5. Inconsistency with Comprehensive Plan. A proposed subdivision may be deemed premature if it is inconsistent with the purposes, objectives, and recommendations of the duly adopted Comprehensive Plan of the city, as may be amended. Application for rezoning may be made at the time of subdivision application, but the latter will not be deemed accepted or acceptable until and unless any necessary rezoning is approved by the Council.
6. Lack of Public Improvements/Protective Services. A proposed subdivision may be deemed premature if public improvements or facilities reasonably necessitated by the subdivision, which must be provided at public expense, and/or public protection services such as police, fire, and emergency medical service cannot be provided within two years from the date the application for preliminary plat approval is filed and complete.
7. Threat to Environmentally Essential Areas. A proposed subdivision may be deemed premature if it is inconsistent with the policies and standards of the city, the county, the state, or federal government relating to environmentally sensitive areas and protections.
Subd. 2. The burden shall be upon the applicant to show that the proposed subdivision is not premature.