12-1-8: SUITABILITY OF LAND FOR SUBDIVIDING:
   A.   Flooding And Topography: Land subject to flooding and land deemed to be topographically unsuitable should not be subdivided for residential purposes or for such other uses as may increase danger to health, life or property, or aggravate erosion or flood hazards.
   B.   Determination Of Unsuitable Land: The village board of trustees shall not approve a subdivision of land if, upon adequate investigation conducted by the village board, it has been determined by the village board that, in the best interest of the public, the site is not suitable for the subdivision and development of the kind proposed. In making this evaluation, the village board shall make reference to the applicable portions of the village comprehensive plan, the village zoning ordinance, the county zoning ordinance, the county comprehensive plan, and other general standards of the community. The village board may further make reference to investigations of soil suitability, or effects on sensitive habitats, threatened or endangered species, or archaeological resources, as conducted by the proper authorities.
   C.   Subdivisions Within Special Flood Hazard Areas:
      1.   Compliance With Village Regulations: All subdivision and planned unit development proposals shall be consistent with the need to minimize flood damage by complying with the requirements of this title and the village flood hazard area ordinance 1 or the county special flood hazard area ordinance.
      2.   Required Flood Data: Plats or plans for new subdivisions and planned unit developments shall display the following flood data:
         a.   Boundary of the special flood hazard area and the boundary of the floodway, if shown on available flood boundary/floodway map and flood insurance rate maps;
         b.   Easements or lands dedicated to the public for channel maintenance purposes; and
         c.   The base flood elevation for each building site.
      3.   Encroachments: Encroachments including fill, new construction, substantial improvements, and other development shall be prohibited within special flood hazard areas, unless the technical evaluation of the developer's engineer demonstrates that encroachments shall not result in any significant increase in flood levels during the occurrence of the 100-year return period flood event.
      4.   Determination Of Base Flood Data: When a subdivision or part thereof is located in a flood prone area as designated by the federal emergency management agency for which no base flood elevation has been provided, the subdivider shall provide, at his own expense, such hydrologic design data and calculations and utility and drainage plans as may be required by the village to assure that the subdivision is consistent with the need to minimize or eliminate flood damage, in accordance with the village flood hazard area development ordinance or the county special flood hazard area ordinance.
      5.   Map Revisions Or Amendments: If a letter of map revision or letter of map amendment is required, it shall be acquired prior to recording of the final plat. (Ord. 2007-19, 5-21-2007)

 

Notes

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1. See title 10, chapter 8 of this code.