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HomeMy WebLinkAbout2002.07.15 ORD 2002-352t � , ORDINANCE NO. 2002-362 AN ORDINANCE OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, AMENDING SECTION 1215 OF THE HUGO COMPREHENSIVE LAND USE REGULATIONS BY REQUIRING ADEQUATE PUBLIC FACILITIES AND PROHIBITING PREMATURE SUBDIVISIONS Section 1. The City Council of the City of Hugo does hereby amend Section 1215 of the Hugo Comprehensive Land Use Regulations by adding the following: 1215-085.1 ADEQUATE PUBLIC FACILITIES: Any preliminary or final plat deemed to lack adequate public facilities pursuant to criteria, which include those listed below, may be denied by the City Council. Subd. 1. Conditions Establishing Premature Subdivisions. A subdivision 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 will cause harmful and irreparable damage from erosion and siltation on downhill or downstream land. (3). Factors to be considered in making these determinations may include: average rainfall for the area; the relation of the land to flood plains; 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 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. (C) Lack of Adequate Roads or Highways to Serve the Subdivision: 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 are of such a width, grade, stability, vertical and horizontal alignment, configuration, site distance and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare, or seriously aggravate an already hazardous condition, or when said roads are inadequate for the intended use and the proposal does not include developer -supplied improvements adequate to defray the costs of upgrading those roads. (2) The traffic volume generated by the proposed subdivision would create unreasonable road or highway congestion or unsafe conditions on roads or highways existing at the time of the application or proposed for completion within the next two (2) years. (D) Lack of Adequate Waste Disposal Systems: A proposed subdivision shall be deemed to lack adequate waste disposal systems if in subdivisions for which sewer lines are proposed, there is inadequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five (5) years; or if in subdivisions where sewer lines are neither available nor proposed, there is inadequate on-site sewer capacity potential to support the subdivision if developed to the maximum permissible density indicated in any governing planning document or ordinance or amendments thereto. (E) Inconsistency With Comprehensive Plan: Subdivisions that do not follow planned public improvement corridors or that do not constitute an infilling of development shall be deemed inconsistent with the City's growth strategies as outlined in the Comprehensive Plan. (F) City Service Capacity: A proposed subdivision shall be determined to lack necessary City service capacity when services such as recreational facilities, police and fire protection, and other City services, which must be provided at public expense, cannot reasonably be provided for within the next two (2) years. (G) Inconsistency With Capital Improvement Plans: A proposed subdivision shall be deemed inconsistent with capital improvement plans when improvements and/or services necessary to accommodate the proposed subdivision have not been programmed in applicable capital improvement plans. The City Council may waive this criterion when it can be demonstrated that a revision to capital improvement programs can be accommodated. i Subd. 2 Burden of Establishing: The burden shall be upon the applicant to show that the proposed subdivision or development has adequate public facilities and is not premature. Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance no specifically included within that judgment. Section 3. Effective Date. This Ordinance shall be in effect from and after its passage and publication according to law. PASSED AND ADOPTED by the City Council of the City of Hugo on the 15th day of July 2002. ATTEST: Mary reager, City Clerk ran n, Mayor PRINTER'S AFFIDAVIT OF PUBLICATION CITY OF HUGO ORDINANCE NO. 2002-302 AFFIDAVIT OF PUBLICATION N ORDINANCE OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, rMENDING SECTION 1215 OF THE HUGO COMPREHENSIVE LAND USE REG- ULATIONS BY REQUIRING ADEQUATE PUBLIC FACILITIES AND PROHIBITING ) PREMATURE SUBDIVISIONS amsey ) Section 1. The City Council of the City of Hugo does hereby amend Section 1215 of the Hugo Comprehensive Land Use Regulations by adding the following: 5.1 UATE PUBLIC 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 ed below, may be denied by the City Council. g t I tat am the ublisher, or the publisher's designated agent and Subd. 1. Conditions Establishing Premature Subdivisions. A subdivision p r P g g may be deemed premature if it lacks adequate public facilities as defined below. The er known as White Bear Press, and that I haveP , of the newspaper following conditions shall not be an exclusive list of conditions. P (A) Lack of Adequate Drainage: A condition of inadequate drainage shall be deemed to exist if: lge Of the facts which are stated below: (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. irspaper has complied with all of the requirements Constituting (2). The proposed site grading and development will cause harmful and irreparable damage from erosion and siltation on downhill or downstream land. i as a qualified newspaper, as provided by Minnesota Statute (3). Factors to be considered in making these determinations may include: average rainfall for the area; the relation of the land to flood plains; the nature of soils A07, and other applicable laws, as amended. and subsoils and their ability to adequately support surface water runoff and waste dis- posal systems; the slope of the land and its effect on effluents, and the presence of ited City of Hugo Ordinance No. 2002-362 streams as related to effluent disposal. (B) Lack of Adequate Water Supply: A proposed subdivision 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 per- tached was cut from the columns of said newspaper, and was missible density without causing an unreasonable depreciation of existing water sup- plies for surrounding areas. published once each week, for--- 1—successive weeks; it was (C) Lack of Adequate Roads or Highways to Serve the Subdivision: A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivi- led On Wednesday , the 24 day Of sion when: (1) Roads which are needed to serve the proposed subdivision are of such a , 20-02_, and was thereafter printed and published on width, grade, stability, vertical and horizontal alignment, configuration, site distance and surface condition that an increase in traffic volume generated by the proposed subdivi- t0 and including , sion would create a hazard to public safety and general welfare, or seriously aggravate an already hazardous condition, or when said roads are inadequate for the intended ✓ of , 20 ; and printed below is a copy use and the proposal does not include developer -supplied improvements adequate to the costs of upgrading those roads. r case alphabet from A to Z, both inclusive, which is hereby The traffic volume generated by the proposed subdivision would create 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 existing at the time of the application or proposed for completion within the next two (2) years. tion of the notice: (D) Lack of Adequate Waste Disposal Systems: A proposed subdivision shall be deemed to lack adequate waste disposal systems if in subdivisions for which sewer pqrstuvwxyz lines are proposed, there is inadequate sewer capacity in the present system to sup- port the subdivision if developed to its maximum permissible density after reasonable BY: sewer capacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five (5) years; or if in subdivisions where sewer lines are neither available nor proposed, there is inadequate on-site sewer TITLE: Publisher capacity potential to support the subdivision if developed to the maximum permissible density indicated in any governing planning document or ordinance or amendments thereto. and sworn to before me on (E) Inconsistency With Comprehensive Plan: Subdivisions that do not follow planned public improvement corridors or that do not constitute an infilling of develop- ment shall be deemed inconsistent with the City's growth strategies as outlined in te _1y Of .Tli y 20Q�_. p1NES'��P Comprehensive Plan. j NEcp (F) City Service Capacity: A proposed subdivision shall be determined to lack(zG���\C MS N necessary City service capacity when services such as recreational facilities, police , sr j�11 .. _\`�7L7DE' and fire protection, and other City services, which must be provided at public expense, P .E cannot reasonably be provided for within the next two (2) years. "welro-neexpires \a(G) Inconsistency With Capital Improvement Plans: A proposed subdivision ic, ounty, Minn. shall be deemed inconsistent with capital improvement plans when improvementsand/or services necessary to accommodate the proposed subdivision have not beenMy January 31, 2005 programmed in applicable capital improvement plans. The City Council may waive this criterion when it can be demonstrated that a revision to capital improvement programs can be accommodated. Subd. 2Burden of Establishing: The burden shall be upon the applicant to show that RATE INFORMATION the proposed subdivision or development has adequate public facilities and is not pre- mature. lassified rate paid by Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provi- ial users for Comparable sion of this Ordinance no specifically included within that judgment. Section 3. Effective Date. This Ordinance shall be in effect from and after its pas- $ sage and publication according to law. PASSED AND ADOPTED by the City Council of the City of Hugo on the 15th day (Line, word, or inch rate) 2002. 1 rate allowed by law for matter. Fran Miron, Mayor ATTEST: Mary Ann Creager, City Clerk Published in the White Bear Press July 24, 2002. tally charged for the Ater. (Line, word, or inch rate) $ 6-75/col, in( -h (Line, word, or inch rate)