(A) Premature subdivisions. Any preliminary or final 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. A condition of inadequate drainage exists.
1. 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 and/or adjacent properties;
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 downstream land.
2. 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) Lack of adequate water supply. There is a lack of adequate water supply. A proposed subdivision shall be deemed to lack an adequate water supply if joint power water is not available to the plat. With the extension of municipal water, all private wells must be capped in accordance with state statutes.
(c) Lack of adequate roads or highways to serve subdivision. There is a lack of adequate roads or highways to serve the subdivision. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when:
1. Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance, and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare or seriously aggravate an already hazardous condition; and when, with due regard to the advice of the City Engineer, the county, and/or the Minnesota Department of Transportation, the roads are inadequate for the intended use;
2. The traffic volume generated by the proposed subdivision would create unreasonable street congestion or unsafe conditions on streets existing at the time of the application or proposed for completion within the next two years;
3. The roads fail to meet minimum city standards.
(d) Lack of adequate waste disposal systems. There is a lack of adequate waste disposal systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems if municipal sanitary sewer is not available to the plat or if in subdivisions for which sewer lines are proposed there is inadequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density indicated in the City Comprehensive Plan, as may be amended.
(e) Inconsistency with Comprehensive Plan. The proposed subdivision is inconsistent with the purposes, objectives, and recommendations of the duly adopted City Comprehensive Plan, as may be amended.
(f) Providing public improvements. 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 two fiscal years.
(g) Minnesota Environmental Quality Board (MEQB) policies. The proposed subdivision is inconsistent with the policies of MEQB 25, 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 Council, in violation of federal and state historical preservation laws.
(2) Burden of establishing. The burden shall be upon the applicant to show that the proposed subdivision is not premature.
(B) Denial of plat. The Planning Commission may recommend denial and the Council may deny the subdivision if it makes any one or more of the following findings:
(1) That the proposed subdivision is in conflict with adopted applicable general and specific comprehensive plans of the city;
(2) That the physical characteristics of this site, including but not limited to topography, 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) That the site is not physically suitable for the proposed density of development;
(4) That the design of the subdivision or the proposed improvements are likely to cause environmental damage;
(5) That the design of the subdivision or the type of improvements are likely to cause public health problems;
(6) That the design of the subdivision or the type of improvements will conflict with easements of record or with easements established by judgement of a court;
(7) That 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 floodway fringe or within other areas of the city;
(8) The proposed subdivision is inconsistent with the policies and standards of the state-defined Shoreland, Floodplain, and Wetland Districts;
(9) The City Council deems the subdivision to be premature;
(10) The design of the subdivision does not conform to minimum city standards.
(Ord. 111, passed 12-23-97; Am. Ord. 1603, passed 3-8-16)