(A) City Council action. The City Council shall act on the preliminary plat by motion. The motion shall include findings of fact supporting the approval or denial, and shall be entered into the written record of the proceedings of the City Council.
(B) Premature subdivisions. Any plat of a proposed subdivision deemed premature for development shall be denied by the City Council.
(1) Conditions establishing premature subdivisions. A subdivision may be deemed premature should any of the conditions set forth in the provisions which follow exist:
(a) Lack of adequate drainage.
(b) Lack of adequate water supply.
(c) Lack of adequate roads or highways to serve subdivision.
(d) Lack of adequate wastewater treatment systems.
(e) Inconsistency with the adopted comprehensive plan.
(f) Public improvements, such as recreational facilities, or other public facilities reasonably necessitated by the subdivision which must be provided at public expense cannot be reasonably provided for within the next 2 fiscal years.
(g) The proposed subdivision is inconsistent with the Minnesota Environmental Review Program, Minnesota Rules Ch. 4410, as may be amended, and could adversely impact critical environmental areas, or potentially disrupt or destroy historic areas which are designated or officially recognized by the city, in violation of federal and state historical preservation laws.
(2) The burden shall be upon the applicant to show that the proposed subdivision is not premature.
(C) Denial of preliminary plat. The City Council may deny the subdivision if it makes any 1 or more of the following findings:
(1) The proposed subdivision is in conflict with adopted applicable general or specific provisions of the Comprehensive Plan, Zoning Code, Surface Water Management Plan, Engineering Standards, Airport Zoning Regulation, official map of the city, or this chapter;
(2) The physical characteristics of the site, including but not limited to topography, vegetation, percolation rate, soil conditions, susceptibility to erosion and siltation, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development, design, or use contemplated;
(3) The site is not physically suitable for the proposed density;
(4) The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage;
(5) The design of the subdivision or the type of improvements are likely to cause serious public health problems;
(6) The design of the subdivision or the type of improvements will conflict with easements of record or with easements established by judgment of a court;
(7) The proposed subdivision, its site, or its design, adversely affects the flood-carrying capacity of the floodway, increases flood stages and velocities, or increases flood hazards within the flood way fringe or within other areas of the city;
(8) The applicant has failed to provide all documents required by the city in order to adequately evaluate the application.
(Ord. 550, passed 5-22-2006; Am. Ord. 647, passed 9-14-2015)