(A) Any preliminary plat of a proposed subdivision deemed premature for development shall be denied by the City Council.
(B) A subdivision may be deemed premature should any one or more of the conditions set forth in the following provisions exist:
(1) Lack of adequate drainage. A condition of inadequate drainage shall be deemed to exist if:
(a) Surface or subsurface water retention and runoff is such that it constitutes a danger to the structural security of the proposed structures.
(b) The proposed subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or downstream land.
(c) The proposed site grading and development will cause harmful and irreparable damage from erosion and siltation on downhill or downstream land.
(d) Factors to be considered in making these determinations may include, but are not limited to:
1. Average rainfall for the area.
2. The relation of the land to floodplains.
3. The nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems.
4. The slope of the land and its effect on effluents.
5. The presence of streams as related to effluent disposal.
(2) Lack of adequate water supply. A proposed subdivision shall be deemed to lack an adequate water supply if the proposed subdivision, when developed to its maximum permissible density, would not have adequate sources of water to serve the proposed subdivision without causing an unreasonable depreciation of existing water supplies for surrounding areas.
(3) Lack of adequate streets or highway to serve the subdivision. A proposed subdivision shall be deemed to lack adequate streets or highways to serve the subdivision when:
(a) Streets which currently serve the proposed subdivision and/or streets that are proposed to serve the subdivision are of such a width, grade, stability, site distance and surface conditions that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general Lonsdale Subdivision Ordinance welfare and, when with due regard to the advice of the county or state, said roads are inadequate for the intended use.
(b) The traffic volume generated by the proposed subdivision as calculated by the City Engineer and subject to generally accepted generation computation formulas and design standards would create unreasonable highway congestion at the time of the application or proposed for completion within the next two years.
(4) Lack of adequate waste disposal systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems if there is inadequate sewer capacity in the present system 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. Expected wastewater generation rates applicable to a proposed subdivision shall be based on generally accepted generation computation formulas as assigned by the City Engineer.
(5) Lack of adequate city support facilities. A proposed subdivision shall be deemed to lack adequate support facilities, such as parks and recreational facilities and police, fire, and ambulance protection and services when said support facilities are reasonably expected to be necessitated by the subdivision and can not be reasonably provided for within the next five fiscal years.
(6) Inconsistency with the comprehensive plan. A proposed subdivision shall be deemed premature if it is found to be inconsistent with the purposes, objective, and recommendations of the duly adopted Comprehensive Plan of the city, as may be amended from time to time.
(7) Inconsistency with environmental protection policies. A proposed subdivision shall be deemed premature if it is found to be inconsistent with environmental protection policies set forth within the city, state and federal rules and regulations, as may be amended.
(C) The burden shall be upon the applicant to show that the proposed subdivision is not premature.
(Ord. 2006-193, passed 4-27-2006) Penalty, see § 152.99