Loading...
SPECIAL DEVELOPMENT SUBDIVISIONS
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)
(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)
(A) General. Hazardous or unique areas may be designated as an area of critical concern by the Council or by the state. Special consideration shall be given to any proposed development within an area of critical concern to assure that the development is necessary and desirable and in the public interest in view of the existing unique conditions. Hazardous or unique areas that may be designated as areas of critical concern are as follows:
(1) Sanitary landfills, dumps;
(2) Earthquake locations;
(3) Unstable soils;
(4) Unique animal life;
(5) Unique plant life;
(6) Scenic areas;
(7) Historical significance;
(8) Floodplain; and
(9) Other areas of critical concern.
(B) Plan submission. The developer shall prepare and submit an environmental assessment along with the preliminary plat application for any development that is proposed within an area of critical concern.
(C) Content of environmental assessment. The content of the environmental assessment shall usually be prepared by an interdisciplinary team of professionals that shall provide answers to the following questions:
(1) What changes will occur to the area of environmental concern as a result of the proposed development?
(2) What corrective action or alternative development plans could occur so as not to significantly change the area of environmental concern?
(3) What changes in the area of environmental concern are unavoidable?
(4) What beneficial or detrimental effect would the development have on the environment such as animal life, plant life, social concerns, economic, cultural resources, noise, visual, hazardous waste and others?
(Ord. passed 9-11-1995)
Violation of any of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered as a separate offense. The land owner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the Council or any other public official or private citizen form taking such lawful action as is necessary to restrain or prevent any violation of this chapter or of state law.
(Ord. passed 9-11-1995)