(A) Land subject to periodic flooding or land which cannot be properly drained or other land which, in the opinion of the Subdivision Committee, is unsuitable for the proposed use, shall not be subdivided; however, upon recommendation of the Subdivision Committee, the Council may approve subdivision of such land upon receipt of evidence from a registered civil engineer, that the construction of specific improvements can be expected to render the land useable, in which event construction upon such land shall be prohibited until the specified improvements have been planned in an acceptable manner and construction has been guaranteed. All requirements of the town’s floodplain provisions (Chapter 154) shall be met.
(B) The developer shall include within his or her drainage study; proof of compliance with the floodplain provisions (§ 154.053), as well as a statement and supporting calculations to identify the effects of the proposed development on the quantity and rate of storm water runoff. The developer shall also prove that the proposed development will have no detrimental impact on down stream neighbors (both public and private) due to increased runoff. This may be accomplished through provision of facilities for on-site retention and/or detention of runoff and/or proper on and off-site channelization of the base flood storm runoff to an extent necessary, as determined by the Town Engineer, to ensure safe and complete conveyance. It shall be the developer’s responsibility to obtain all easements and/or rights-of-way for these purposes, and to assume responsibility for maintenance of same unless ownership and maintenance by the town or some other legal entity is specifically accepted.
(Ord. 01-95, passed 9-21-1995)