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2021.09.20 CC Packet
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2021.09.20 CC Packet
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City Council
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Agenda/Packets
Meeting Date
9/20/2021
Meeting Type
Regular
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<br /> <br /> <br /> Created: 2021‐07‐21 11:43:55 [EST] <br />(Supp. No. 28) <br /> <br />Page 1 of 2 <br />Sec. 90‐329. Adequate public facilities. <br />Any preliminary or final platsubdivision or property line adjustment deemed to lack adequate public facilities <br />pursuant to criteria, which include those listed in this section, may be denied by the city council together with all <br />related permits and approvals. <br />(1) Conditions establishing premature subdivisions and property line adjustments. A subdivision or <br />property line adjustment may be deemed premature if it lacks adequate public facilities as defined <br />below. The following conditions shall not be an exclusive list of conditions: <br />a. Lack of adequate drainage. A condition of inadequate drainage shall be deemed to exist if: <br />1. Surface or subsurface water retention and runoff are such that it constitutes a danger to <br />the structural security or risk of flooding of the proposed structures. <br />2. The proposed site grading and development willmay cause harmful and irreparable <br />damage from erosion and siltation on downhill or downstream land. <br />3. Factors to be considered in making these determinations may include: average rainfall for <br />the area; the relation of the land to floodplains; the nature of soils and subsoils and their <br />ability to adequately support surface water runoff and waste disposal systems; the slope of <br />the land and its effect on effluents; and the presence of streams as related to effluent <br />disposal. <br />b. Lack of adequate water supply. A proposed subdivision or property line adjustment shall be <br />deemed to lack an adequate water supply if the proposed subdivision does not have adequate <br />sources of water to serve the proposed subdivision if developed to its maximum permissible <br />density without causing an unreasonable depreciation of existing water supplies for surrounding <br />areas or does not offer acceptable integration of existing public water facilities. <br />c. Lack of adequate roads or highways to serve the subdivision or property line adjustment. A <br />proposed subdivision shall be deemed to lack adequate roads or highways to serve the <br />subdivision when: <br />1. Roads which are needed to serve the proposed subdivision or property line adjustments <br />are of such a width, grade, stability, vertical and horizontal alignment, configuration, site <br />distance and surface condition that an increase in traffic volume generated by the <br />proposed subdivision would create a hazard to public safety and general welfare, or <br />seriously aggravate an already hazardous condition, or when said roads are inadequate for <br />the intended use and the proposal does not include developer‐supplied improvements <br />adequate to defray the costs of upgrading those roads. <br />2. The traffic volume generated by the proposed subdivision or property line adjustments <br />would create unreasonable road or highway congestion or unsafe conditions on roads or <br />highways existing at the time of the application or proposed for completion within the next <br />two years. <br />d. Lack of adequate waste disposal systems. A proposed subdivision or property line adjustment <br />shall be deemed to lack adequate waste disposal systems if in subdivisions for which sewer lines <br />are proposed, there is inadequate sewer capacity in the present system to support the <br />subdivision if developed to its maximum permissible density after reasonable sewer capacity is <br />reserved for schools, planned public facilities, and commercial and industrial development <br />projected for the next five years; or if in subdivisions where sewer lines are neither available nor <br />proposed, there is inadequate on‐site sewer capacity potential to support the subdivision if
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