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2021.09.20 ORD 2021-507 Adequate Public Facilities
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2021.09.20 ORD 2021-507 Adequate Public Facilities
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10/21/2021 10:00:09 AM
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10/11/2021 3:44:53 PM
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City Council
Document Type
Ordinances
Meeting Date
9/20/2021
Meeting Type
Regular
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Ordinance 2021-507 Adequate Public Facilities <br />Page 2 of 3 <br />alignment, configuration, site distance and surface condition that an increase <br />in traffic volume generated by the proposed subdivision would create a <br />hazard to public safety and general welfare, or seriously aggravate an already <br />hazardous condition, or when said roads are inadequate for the intended use <br />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 <br />adjustments would create unreasonable road or highway congestion or unsafe <br />conditions on roads or highways existing at the time of the application or <br />proposed for completion within the next two years. <br />d. Lack of adequate waste disposal systems. A proposed subdivision or property <br />line adjustment shall be deemed to lack adequate waste disposal systems if in <br />subdivisions for which sewer lines are proposed, there is inadequate sewer <br />capacity in the present system to support the subdivision if developed to its <br />maximum permissible density after reasonable sewer capacity is reserved for <br />schools, planned public facilities, and commercial and industrial development <br />projected for the next five years; or if in subdivisions where sewer lines are <br />neither available nor proposed, there is inadequate on -site sewer capacity potential <br />to support the subdivision if developed to the maximum permissible density <br />indicated in any governing planning document or ordinance or amendments <br />thereto. <br />e. Inconsistency with comprehensive plan. Subdivisions and property line <br />adjustments that do not follow planned public improvement corridors or that do <br />not constitute an infilling of development shall be deemed inconsistent with the <br />city's growth strategies as outlined in the comprehensive plan. <br />f. City service capacity. A proposed subdivision or property line adjustment shall <br />be determined to lack necessary city service capacity when services such as <br />recreational facilities, police and fire protection, and other city services, which <br />must be provided at public expense, cannot reasonably be provided for within the <br />next two years. <br />g. Inconsistency with capital improvement plans. A proposed subdivision or <br />property line adjustment shall be deemed inconsistent with capital improvement <br />plans when improvements and/or services necessary to accommodate the <br />proposed subdivision have not been programmed in applicable capital <br />improvement plans. The city council may -waive this criterion when it can be <br />demonstrated that a revision to capital improvement programs can be <br />accommodated. <br />(2) Burden of establishing adequacy. The burden shall be upon the applicant to show <br />that the proposed subdivision, development, or and property line adjustment has <br />adequate public facilities and is not premature. <br />2 <br />
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