SPECIAL DEVELOPMENT SUBDIVISIONS

§ 152.65 PURPOSE.

   The purpose of this subchapter is to identify the various types of special developments that normally pose special concerns to the Council and elected officials when reviewing and acting upon subdivision requests. Therefore, this subchapter outlines the general plan submittal requirements and design standards that shall be taken into consideration when acting on special developments. The provisions of this subchapter are in addition to the plan requirements and design standards that are required by §§ 152.25 through 152.28 and 152.40 through 152.50 of this chapter. The required information shall be submitted to the Council with the preliminary plat.

(Ord. passed 9-11-1995)

§ 152.66 SUBDIVISION WITHIN A FLOODPLAIN.

   (A)   Flood areas.

      (1)   For any proposed subdivision that is located within or partially within a floodplain, the developer shall provide the Council with a development plan of adequate scale and supporting documentation that will show and explain at least the following:

         (a)   Location of all planned improvements;

         (b)   The location of the floodway and the floodway fringe per engineering practices as specified by the Federal Emergency Management Agency (FEMA);

         (c)   The location of the present water channel;

         (d)   Any planned rerouting or waterways;

         (e)   All major drainage ways;

         (f)   Areas of frequent flooding;

         (g)   Means of flood-proofing buildings; and

         (h)   Means of insuring loans for improvements within the floodplain.

      (2)   New construction and substantial improvements of residential structures within the floodplain shall have the lowest floor (including basement) elevated to or above the level of the 100-year flood; and, for new construction or substantial improvements of non-residential structures, the lowest floor (including basement) shall be elevated to or above the level of the 100-year flood, or together with attendant utility and sanitary facilities, shall be flood-proofed up to the level of the 100-year flood.

   (B)   Justification for development.

      (1)   Upon the determination that buildings are planned within the floodplain or that alterations of any kind are anticipated within the floodplain area that will alter the flow of water, the developer shall demonstrate conclusively to the Council that such development will not present a hazard to life, limb or property; will not have adverse effects on the safety, use or stability of a public way or drainage channel or the natural environment.

      (2)   No subdivision or part thereof shall be approved if levees, fills, structures or other features within the proposed subdivision will individually or collectively significantly increase flood flows, heights or damages. If any part of a proposed subdivision can be safely developed, the Council shall limit development to that part and shall require that development proceed consistent with that determination.

      (3)   Subdivisions shall be reviewed to assure that:

         (a)   All such proposals are consistent with the need to minimize flood damage;

         (b)   All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damages; and

         (c)   Adequate drainage is provided so as to reduce exposure to flood hazards.

      (4)   New or replacement water supply systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

(Ord. passed 9-11-1995)