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PRINTER'S AFFIDAVIT OF PUBLICATION <br />CITY OF HUGO <br />ORDINANCE NO. 2002-302 AFFIDAVIT OF PUBLICATION <br />N ORDINANCE OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, <br />rMENDING SECTION 1215 OF THE HUGO COMPREHENSIVE LAND USE REG- <br />ULATIONS BY REQUIRING ADEQUATE PUBLIC FACILITIES AND PROHIBITING ) <br />PREMATURE SUBDIVISIONS amsey ) <br />Section 1. The City Council of the City of Hugo does hereby amend Section 1215 <br />of the Hugo Comprehensive Land Use Regulations by adding the following: <br />5.1 <br />UATE PUBLIC <br />deemed to lack ck adequuate ppublic facilities pursuant l oScriteria, which preliminary nc uderthose final list- her, or the publisher's designated agent, being duly sworn, on <br />ed below, may be denied by the City Council. <br />g t I tat am the ublisher, or the publisher's designated agent and <br />Subd. 1. Conditions Establishing <br />Premature Subdivisions. A subdivision p r P g g <br />may be deemed premature if it lacks adequate public facilities as defined below. The er known as White Bear Press, and that I haveP <br />, of the newspaper following conditions shall not be an exclusive list of conditions. P <br />(A) Lack of Adequate Drainage: A condition of inadequate drainage shall be <br />deemed to exist if: lge Of the facts which are stated below: <br />(1) Surface or subsurface water retention and runoff are such that it constitutes <br />a danger to the structural security or risk of flooding of the proposed structures. irspaper has complied with all of the requirements Constituting <br />(2). The proposed site grading and development will cause harmful and <br />irreparable damage from erosion and siltation on downhill or downstream land. i as a qualified newspaper, as provided by Minnesota Statute <br />(3). Factors to be considered in making these determinations may include: <br />average rainfall for the area; the relation of the land to flood plains; the nature of soils A07, and other applicable laws, as amended. <br />and subsoils and their ability to adequately support surface water runoff and waste dis- <br />posal systems; the slope of the land and its effect on effluents, and the presence of ited City of Hugo Ordinance No. 2002-362 <br />streams as related to effluent disposal. <br />(B) Lack of Adequate Water Supply: A proposed subdivision shall be deemed <br />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 per- tached was cut from the columns of said newspaper, and was <br />missible density without causing an unreasonable depreciation of existing water sup- <br />plies for surrounding areas. published once each week, for--- 1—successive weeks; it was <br />(C) Lack of Adequate Roads or Highways to Serve the Subdivision: A proposed <br />subdivision shall be deemed to lack adequate roads or highways to serve the subdivi- led On Wednesday , the 24 day Of <br />sion when: <br />(1) Roads which are needed to serve the proposed subdivision are of such a , 20-02_, and was thereafter printed and published on <br />width, grade, stability, vertical and horizontal alignment, configuration, site distance and <br />surface condition that an increase in traffic volume generated by the proposed subdivi- t0 and including , <br />sion would create a hazard to public safety and general welfare, or seriously aggravate <br />an already hazardous condition, or when said roads are inadequate for the intended ✓ of , 20 ; and printed below is a copy <br />use and the proposal does not include developer -supplied improvements adequate to <br />the costs of upgrading those roads. r case alphabet from A to Z, both inclusive, which is hereby <br />The traffic volume generated by the proposed subdivision would create <br />sonable road or highway congestion or unsafe conditions on roads or highways ;ed as being the size and kind of type used in the composition <br />existing at the time of the application or proposed for completion within the next two (2) <br />years. tion of the notice: <br />(D) Lack of Adequate Waste Disposal Systems: A proposed subdivision shall <br />be deemed to lack adequate waste disposal systems if in subdivisions for which sewer pqrstuvwxyz <br />lines are proposed, there is inadequate sewer capacity in the present system to sup- <br />port the subdivision if developed to its maximum permissible density after reasonable BY: <br />sewer capacity is reserved for schools, planned public facilities, and commercial and <br />industrial development projected for the next five (5) years; or if in subdivisions where <br />sewer lines are neither available nor proposed, there is inadequate on-site sewer TITLE: Publisher <br />capacity potential to support the subdivision if developed to the maximum permissible <br />density indicated in any governing planning document or ordinance or amendments <br />thereto. and sworn to before me on <br />(E) Inconsistency With Comprehensive Plan: Subdivisions that do not follow <br />planned public improvement corridors or that do not constitute an infilling of develop- <br />ment shall be deemed inconsistent with the City's growth strategies as outlined in te _1y Of .Tli y 20Q�_. p1NES'��P <br />Comprehensive Plan. j NEcp <br />(F) City Service Capacity: A proposed subdivision shall be determined to lack(zG���\C MS N <br />necessary City service capacity when services such as recreational facilities, police , sr j�11 .. _\`�7L7DE' <br />and fire protection, and other City services, which must be provided at public expense, P .E <br />cannot reasonably be provided for within the next two (2) years. "welro-neexpires <br />\a(G) Inconsistency With Capital Improvement Plans: A proposed subdivision ic, ounty, Minn. <br />shall be deemed inconsistent with capital improvement plans when improvementsand/or services necessary to accommodate the proposed subdivision have not beenMy January 31, 2005 <br />programmed in applicable capital improvement plans. The City Council may waive this <br />criterion when it can be demonstrated that a revision to capital improvement programs <br />can be accommodated. <br />Subd. 2Burden of Establishing: The burden shall be upon the applicant to show that RATE INFORMATION <br />the proposed subdivision or development has adequate public facilities and is not pre- <br />mature. lassified rate paid by <br />Section 2. Severability. In the event that a court of competent jurisdiction adjudges <br />any part of this Ordinance to be invalid, such judgment shall not affect any other provi- ial users for Comparable <br />sion of this Ordinance no specifically included within that judgment. <br />Section 3. Effective Date. This Ordinance shall be in effect from and after its pas- $ <br />sage and publication according to law. <br />PASSED AND ADOPTED by the City Council of the City of Hugo on the 15th day (Line, word, or inch rate) <br />2002. 1 rate allowed by law for <br />matter. <br />Fran Miron, Mayor <br />ATTEST: <br />Mary Ann Creager, City Clerk <br />Published in the White Bear Press July 24, 2002. <br />tally charged for the <br />Ater. <br />(Line, word, or inch rate) <br />$ 6-75/col, in( -h <br />(Line, word, or inch rate) <br />