(1) General. Any concept plan, preliminary plat or final plat deemed premature pursuant to the following criteria shall be denied by the City Council.
(2) Conditions for establishing a premature subdivision. A subdivision may be deemed premature should any of the following conditions not be met.
(a) Consistency with the Comprehensive Plan. Including any of the following:
1. Land use plan;
2. Transportation plan;
3. Utility (sewer and water) plans;
4. Local water management plan;
5. Capital improvement plan; and
6. Growth management policies, including MUSA allocation criteria.
(b) Consistency with infill policies. A proposed urban subdivision shall meet the city's infill policies:
1. The urban subdivision must be located within the Metropolitan Urban Service Area (MUSA) or the staged growth area as established by the city's Comprehensive Plan;
2. The cost of utilities and street extensions must be covered by one or more of the following:
a. An immediate assessment to the proposed subdivision;
b. One hundred percent of the street and utility costs are privately financed by the developer;
c. The cost of regional and/or oversized trunk utility lines can be financed with available city trunk funds; and
d. The cost and timing of the expenditure of city funds are consistent with the city's capital improvement plan.
3. The cost, operation and maintenance of the utility system are consistent with the normal costs as projected by the water and sewer rate study; and
4. The developer payments will offset additional costs of utility installation or future operation and maintenance.
(c) Roads or highways to serve the subdivision. A proposed subdivision shall meet the following requirements for level of service (LOS), as defined by the Highway Capacity Manual:
1. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade;
2. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C;
3. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D;
4. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better;
5. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies;
6. The traffic generated from a proposed subdivision shall not require city street improvements that are inconsistent with the Lino Lakes capital improvement plan. However, the city may, at its discretion, consider developer-financed improvements to correct any street deficiencies;
7. The LOS requirements in divisions (2)(c)1. to 4. above do not apply to the I-35W/Lake Drive or I-35E/Main St. interchanges. At city discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Department of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange; and
8. The city does not relinquish any rights of local determination.
(d) Water supply. A proposed subdivision shall be deemed to have an adequate water supply when:
1. The city water system has adequate wells, storage or pipe capacity to serve the subdivision;
2. The water utility extension is consistent with the Lino Lakes water plan and offers the opportunity for water main looping to serve the urban subdivision;
3. The extension of water mains will provide adequate water pressure for personal use and fire protection; and
4. The rural subdivision can demonstrate that each of the proposed lots can be provided with a potable water supply.
(e) Waste disposal systems. A proposed subdivision shall be served with adequate waste disposal systems when:
1. The urban sewered subdivision is located inside the city's MUSA or is consistent with the MUSA allocation criteria;
2. The city has sufficient MUSA and pipe capacity to serve the subdivision if developed to its maximum density;
3. The subdivision will result in a sewer extension consistent with Lino Lakes sewer plan and capital improvement plan;
4. A rural subdivision can demonstrate that each lot can be served by an adequate sanitary sewer disposal system; and
5. A rural subdivision with a proposed communal sanitary sewer or water system has an effective long range management and maintenance program with proper financing.
(Ord. 04-03, passed 2-24-2003)