Any preliminary plat of a proposed subdivision
deemed premature for development shall be denied by the City Council
of the City of Breckenridge under the following conditions.
A subdivision may be deemed premature should
any of the conditions set forth in the provisions which follow exist:
A. Lack of adequate drainage.
(1) A condition of inadequate drainage shall be deemed
to exist if:
(a)
Surface or subsurface water retention and runoff
is such that it constitutes a danger to the structural security of
the proposed structures.
(b)
The proposed subdivision will cause pollution
of water sources or damage from erosion and siltation on downhill
or downstream land.
(c)
The proposed site grading and development will
cause harmful and irreparable damage from erosion and siltation on
downhill or downstream land.
(2) 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
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 serve the proposed subdivision are of
such a width, grade, stability, vertical and horizontal alignment,
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, and when, with due regard to the advice of Wilkin County
and/or the Minnesota Department of Highways, said roads are inadequate
for the intended use.
(2) The traffic volume generated by the proposed subdivision
would create unreasonable highway congestion or unsafe conditions
on highways existing at the time of the application or proposed for
completion within the next two 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 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 the Breckenridge Comprehensive Plan, as may be amended.
E. Inconsistency with Comprehensive Plan. If the proposed
subdivision is inconsistent with the purposes, objectives and recommendations
of the duly adopted Comprehensive Plan of Breckenridge as may be amended.
F. Providing public improvements. If public improvements,
such as recreational facilities or other public facilities, reasonably
necessitated by the subdivision, which must be provided at public
expense, cannot be reasonably provided for within the next two fiscal
years.
G. Minnesota Environmental Quality Council policies.
If the proposed subdivision is inconsistent with the policies of Minnesota
Environmental Quality Council 25, as may be amended, and could adversely
impact critical environmentally sensitive areas as defined by the
Minnesota Department of Natural Resources, or potentially disrupt
or destroy historic areas, which are designated or officially recognized
by the City Council, in violation of federal and state historical
preservation laws.
The burden shall be upon the applicant to show
that the proposed subdivision is not premature.