§ 42-110. Adequacy of public facilities and services.

(a)

A preliminary plat, final plat or certified survey shall not be approved unless the Plan Commission and the Common Council determine that adequate public facilities and public services will be available to meet the needs of the proposed land division and that no public funds will be required.

(b)

The applicant shall furnish any data requested by the City Clerk-Treasurer who shall transmit this information to the appropriate commission, committee and staff for review; the City Clerk-Treasurer shall act as coordinator of the reports from staff to the Plan Commission and Common Council on the adequacy of water, sanitary and storm sewers, fire service, police, parks and open space and recreation facilities, transportation facilities and schools.

(c)

Public facilities and public services for a proposed land division may be found to be adequate when the following conditions exist:

(1)

The proposed land division is located in an urban service area where adequate sewer service is presently available for extension, under construction or designated by the Common Council for extension of sewer service within the current capital budget year and funds are specifically provided for such extension either from public or private financing. The Plan Commission and the Common Council shall consider the recommendations of the City Engineer and the appropriate committee on the capacity of trunk lines and of sewerage treatment facilities and any other information presented.

(2)

The proposed land division is located within an urban service area contiguous to an arterial transmission water main of adequate capacity for the proposed development or if the water distribution system that is needed is under construction or scheduled for construction within the current budget year, and funds, either public or private, are available for the program. The Plan Commission and the Common Council shall consider the recommendations from the City's utilities and the City Engineer and the appropriate committee on line capacities, water sources and storage facilities, as well as any other information presented.

(3)

The City Clerk-Treasurer verifies to the Plan Commission and the Common Council that adequate funds, either public or private, are available to ensure the installation of all necessary stormwater management facilities.

(4)

The Director of Public Works can demonstrate to the Plan Commission and the Common Council that street maintenance and refuse collection services, either public or private, are so situated that adequate and timely service can be provided so as not to involve danger or injury to the health, safety or general welfare to the future residents of the proposed land division or existing City residents.

(5)

The City Engineer verifies to the Plan Commission that the future residents of the proposed land division can be ensured park, recreation and open space facilities and services that meet the standards of the City's Comprehensive Plan for Parks and Open Spaces.

(6)

The Police Department, EMS and Fire Department verify that timely and adequate service can be provided to the residents.

(7)

The proposed land division is accessible by existing or officially mapped, publicly maintained, all-weather roadway system, adequate to accommodate both existing traffic and that traffic to be generated by the proposed land division in accordance with the official map and City standards.

(d)

Where the Plan Commission and the Common Council determine that one or more public facilities or services are not adequate for the proposed development, but that a portion of the area could be served adequately, or that careful phasing of the development could result in all public facilities and public services being adequate, conditional approval may include only such portions or may specify phasing of the development.

(e)

No land shall be divided which has been officially mapped as public lands stormwater management facility or is determined by the Common Council to be unsuitable for use by reason of flooding, bad drainage, soil or rock formations with severe limitations for development, severe erosion potential or unfavorable topography, or any other feature likely to be harmful to health, safety or welfare of future residents or landowners in the proposed land division or of the community.

(f)

The requirements of this section shall not apply to those areas outside the corporate limits of the City and within the City's extraterritorial limits. Areas within the City capable of being served by public sewer and water shall be required to connect to the City public water distribution and/or public sewerage system if determined by the City Engineer to be feasible. If such connection are not determined feasible, the proposed land division shall provide for adequate on-site systems and such special piping provisions as may be necessary to serve the anticipated development during the interim period until such City public water and/or sewerage systems are determined by the City Engineer to be feasibly available for connection. The subdivider, and his heirs and assigns, shall, by written plat restriction, agree to abandon the interim water and sewerage facilities and connect to the City public water and sewerage facilities upon a determination by the City Engineer that such facilities are available for feasible connection.

(Code 1991, § 14-1-36)