(1) Any proposed subdivision requiring 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, in the Council’s opinion, any of the following conditions exist:
a. Lack of adequate drainage.
1. A proposed subdivision shall be deemed to lack adequate drainage to serve the subdivision when:
(a) Surface or subsurface water retention and runoff is such that it constitutes a hazard to the stability of proposed structures;
(b) The proposed subdivision will cause pollution of water sources or surrounding damage from erosion and siltation on downhill or downstream land; or
(c) The proposed site grading and development will cause harmful and irreparable damage from erosion and siltation on downhill or downstream land.
2. In making these determinations, the Planning Commission and City Council shall consider such factors as the average rainfall for the area, the relation of the land to floodplains, the nature of soils and subsoils and the slope of the land and their ability to adequately support surface water runoff and structures, the presence of streams, and compliance with or ability to comply with Section 1001.
b. Lack of adequate water supply. A proposed subdivision shall be deemed to lack adequate water supply when public water is not available to serve the proposed subdivision.
c. Lack of adequate streets.
1. 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 County Bureau of Public Services, Department of Public Works, 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.
2. The prematurity of a subdivision as set forth above may be cured if the developer chooses to make a voluntary payment of the Transportation Fee, as adopted from time to time by resolution of the City Council or has, in the alternate, agreed to a project-specific transportation study that has determined the proposed project's proportionate impact on the City's transportation system, and has apportioned a pro-rata cost to the development.
d. Lack of adequate waste disposal systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems if:
1. Sanitary sewer is neither available nor proposed; or
2. 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 5 years.
e. 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.
f. Lack of public improvements. A proposed subdivision may be deemed premature if public improvements or facilities reasonably necessitated by the subdivision, and which must be provided at public expense, cannot be reasonably provided for within 24 months from the date the application for preliminary plat approval is filed and complete.
g. Inconsistency with environmental requirements. A proposed subdivision may be deemed premature if it is inconsistent with the rules and policies of the state environmental quality board, as may be amended, and could adversely impact critical environmental areas or potentially disrupt or destroy, in violation of federal and state historical preservation laws, historic areas which are designated or officially recognized by the City Council.
(Ord. 2010-04, passed 9-28-2010; Am. Ord. 2019-10, passed 7-23-2019)