Any sketch plan, preliminary plat, final plat deemed premature pursuant to the following criteria shall be denied by the City Council.
(A) Conditions for establishing a premature subdivision. A subdivision may be deemed premature should any of the following conditions not be met.
(1) Consistency. Consistency with the Comprehensive Plan including any of the following:
(a) City Comprehensive Plan;
(b) Comprehensive Sanitary Sewer Plan;
(c) Comprehensive Water Plan;
(d) Stormwater Management Plan;
(e) Comprehensive Parks and Trail Plan; and/or
(f) Capital Improvement Plan.
(2) Consistent with growth policies. A proposed urban subdivision shall meet the city's infill policies.
(a) The urban subdivision must be located within the staged growth area as established by the Comprehensive Plan.
(b) The cost of utilities and street extensions must be covered by one or more of the following and approved by the City Council:
1. An immediate assessment to the proposed subdivision;
2. One hundred percent of the street and utility costs are privately financed by the developer;
3. The cost of regional and/or oversized trunk utility lines can be financed with available city trunk funds; and
4. The cost and timing of the expenditure of city funds are consistent with the city's capital improvement plan.
(c) The developer payments will offset additional costs of utility installation or future operation and maintenance.
(3) Streets or highways to serve the subdivision. A proposed subdivision shall have adequate streets or highways when:
(a) Traffic generated by a proposed subdivision will not degrade the level of service outside of the proposed subdivision to a level worse than the existing level of service;
(b) The existing level of service shall be "C" (as determined by the State Highway Capacity Manual) or better for any street providing access to the subdivision. If the existing level of service is "D," "E" or "F," the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service "C" or better;
(c) Existing roads providing access to the subdivision have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer agrees to pay for any structural deficiency corrections; and
(d) The traffic generated from a proposed subdivision shall not require city street improvements that are inconsistent with the City Capital Improvement Plan/Comprehensive Development Study or the developer agrees to pay for any structural deficiency corrections.
(4) Water supply. A proposed subdivision shall be deemed to have an adequate water supply when:
(a) The city water system has adequate wells, storage or pipe capacity to serve the subdivision;
(b) The water utility extension is consistent with the Comprehensive Water Plan and offers the opportunity for water main looping to serve the urban subdivision;
(c) The extension of water mains will provide adequate water pressure for personal use and fire protection; and
(d) Adequate wellhead protection measures have been implemented for all abandoned wells.
(5) Waste disposal systems. A proposed subdivision shall be served with adequate waste disposal systems when:
(a) The city has sufficient waste treatment plant and pipe capacity to serve the subdivision if developed to its maximum density; and
(b) The subdivision will result in a sewer extension consistent with the Comprehensive Sanitary Sewer Plan and Capital Improvement Plan.
(6) Adequate drainage. A condition of adequate drainage shall be deemed to exist if:
(a) Surface or subsurface water retention and runoff is adequate so as not to constitute a danger to the structural security of existing or proposed structures;
(b) The proposed subdivision will not cause pollution of water sources or damage from erosion and siltation on downhill or downstream land;
(c) The proposed site grading and development will not cause harmful and irreparable damage from erosion and siltation on downhill or downstream land; and
(d) Factors to be considered in making these determinations may include: average rainfall for the area; the relation of the 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; and the presence of streams as related to effluent disposal.
(B) Burden of establishing. The burden shall be upon the applicant to show that the proposed subdivision is not premature.
(Prior Code, § 12-2-4) (Ord. 259, passed 5-4-2006)