2021.09.20 ORD 2021-507 Adequate Public Facilities

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ORDINANCE 2021-507 AN ORDINANCE REPLACING CHAPTER 90, ARTICLE VII, LAND DIVISION AND PLATTING, SECTION 90-329 ADEQUATE PUBLIC FACILITIES THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby replace Chapter 90, Article VII Land Division and Platting, to replace Section 90-329 Adequate Public Facilities to state the following: Sec. 90-329. Adequate public facilities. Any subdivision or property line adjustment deemed to lack adequate public facilities pursuant to criteria, which include those listed in this section, may be denied by the city council together with all related permits and approvals. (1) Conditions establishing premature subdivisions and property line adjustments. A subdivision or property line adjustment may be deemed premature if it lacks adequate public facilities as defined below. The following conditions shall not be an exclusive list of conditions: a. Lack of adequate drainage. A condition of inadequate drainage shall be deemed to exist if: 1. Surface or subsurface water retention and runoff are such that it constitutes a danger to the structural security or risk of flooding of the proposed structures. 2. The proposed site grading and development may cause harmful and irreparable damage from erosion and siltation on downhill or downstream land. 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. A proposed subdivision or property line adjustment shall be deemed to lack an adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed subdivision if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas or does not offer acceptable integration of existing public water facilities. c. Lack of adequate roads or highways to serve the subdivision or property line adjustment. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when: 1. Roads which are needed to serve the proposed subdivision or property line adjustments are of such a width, grade, stability, vertical and horizontal