§ 156.091 LAND SUITABILITY.
   If the Commission finds that the property requested to be subdivided is unsuitable for development because of flooding, topography, inadequate water supply, inadequate sewage disposal or other conditions which may endanger health, life or property, the Commission shall not approve the land for subdivision. As a minimum, the Commission is empowered to approve the subdivision of land only after it finds that the land meets the following criteria.
   (A)   Steep slopes. For subdivisions with lots which will be served by individual subsurface disposal systems, each lot will contain a contiguous land area with slopes of less than 10% providing a suitable site for a filter field which contains at least the minimum lot area required by the State Department of Health. The remainder of the lot may contain slopes of 10% or greater. The soil survey of the county shall be used to determine steep slopes.
   (B)   Water bodies. Each lot will contain a contiguous land area providing a suitable building site which is at least 75% of the minimum lot size established by the Zoning Ordinance. The remaining 25% of the required minimum lot size may contain permanent or seasonal water bodies.
   (C)   Sewage disposal. Each lot will be served by an existing public or private sewer system or a proposed system design approved by the State Department of Health and the County Health Department or each lot will contain enough land of a soil type suitable for septic tanks to permit installation of an individual subsurface disposal system of sufficient size to accommodate the wastewater generated by the uses permitted on the property. The permeability ratings contained in the soil survey of the county shall be used as a basis for determining land suitability for subsurface disposal systems, unless an on-site soil evaluation by a qualified soil scientist shows that other soil types are found on the property. The Department or Commission may request that any evaluation be reviewed by the Soil Conservation Service. If the soil survey indicates that absorption fields are to be located in soils having severe limitations for the systems, each lot will be large enough to accommodate two absorption fields, each containing at least 1,200 square feet of trench bottom.
   (D)   Water service. Each lot will have an adequate supply of potable water through a public or community system approved by the State Department of Health or by individual wells. If the lots are to be served by individual wells, a letter from the County Health Department certifying that a well meeting the locational requirements of current applicable regulations can be located on each lot shall be required.
   (E)   Flood hazards. Each lot will contain enough land which is not located in a floodway, as defined by the Zoning Ordinance, to accommodate the permitted use(s) of the property and, if required, an individual subsurface disposal system. In general, lots consisting entirely of land located in a flood hazard area shall not be approved for subdivision, unless there is no property included in the parent tract which is located outside the flood hazard area which can reasonably be subdivided to provide a building site.
(Prior Code, § 8-56) (Ord. 1986-7, passed 10-21-1986; Ord. 1987-01, passed 1-26-1987)