Title 103 Oct 2023 - Laserfiche WebLink

Home Browse Search

10/16/23, 10:03 AM Print Preview https://lakeelmo.municipalcodeonline.com/book/print?type=ordinances&name=TITLE_103_SUBDIVISION_REGULATIONS 3/33 the regulatory flood protection elevation. (Also refer to LEC 103.00.025, premature subdivisions.) (2)In the general floodplain district, applicants shall provide the information required in LEC 100.00.100. The city council shall evaluate the subdivision in accordance with procedures established in this title and standards contained in LEC 100.00.070. (h)Consistency with comprehensive plan and zoning district. Subdivision of property shall be in compliance with the city's comprehensive plan and zoning district in which the property is located. HISTORY Amended by Ord. 08-247 on 3/2/2021 Adopted by Ord. 08-253 on 11/3/2021 103.00.025 Premature Subdivision Prohibited Any plat or other subdivision of property may be denied by the city council if it is deemed by the city council to be premature for development pursuant to the criteria listed below. Any proposed plat or subdivision of property may be denied by the city council if it is deemed by the city council to be premature for development. The burden of proof shall be on the subdivider to demonstrate to the city council that the proposed subdivision is not premature for development. The city may deem a subdivision premature if any of the following conditions exist: (a)Inconsistent with the comprehensive plan. A proposed plat or subdivision may be deemed premature if the subdivision is inconsistent with the goals, purposes, policies, phasing, or other requirements of the comprehensive plan. An application for a comprehensive plan amendment may be made concurrently with an application for a plat or subdivision approval; however, a plat or subdivision application will not be considered for approval by the city council until and unless any necessary comprehensive plan amendment is approved by the city council. (b)Inconsistent with the city capital improvement program. A proposed plat or subdivision may be deemed premature if it is inconsistent with the city’s capital improvement program. In order for a plat or subdivision to not be inconsistent with the city’s capital improvement program, public improvements and facilities that are to be provided at the public’s expense that are necessary to accommodate the proposed plat or subdivision must be able to be reasonably provided within two years of the date of the plat or subdivision application. (c)Lack of adequate water supply. Unless the city has guided the site of the proposed plat or subdivision as rural by the comprehensive plan, a proposed plat or subdivision may be deemed premature if municipal water is not available to serve the proposed subdivision if it is developed to its maximum permissible density without causing and unreasonable depreciation of existing municipal water supplies. The term “available” shall mean existing or readily extended and funded consistent with the phasing in the comprehensive plan, the capital improvement program, and any relevant city ordinances, plans, and policies. If the site of the proposed plat or subdivision is guided as rural by the comprehensive plan, a proposed subdivision shall be deemed premature with respect to a lack of adequate water supply if a private well or wells cannot adequately or safely serve the proposed subdivision. (d)Lack of adequate waste disposal systems. Unless the city has guided the site of the proposed plat or subdivision as rural by the comprehensive plan, a proposed plat or subdivision may be deemed premature if municipal sanitary sewer is not available or is not adequate in size to serve the proposed subdivision if developed to its maximum permissible density as indicated in the comprehensive plan. The term “available” shall mean existing or readily extended and funded consistent with the phasing in the comprehensive plan, the capital improvement program, and any relevant city ordinances, plans, and policies. If the site of the proposed plat or subdivision is