No land shall be platted which is determined by the Commission to be unsuitable for its intended use by reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, susceptibility to mudslides or earth-slides, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature harmful to the health, safety or welfare of the future residents or property owners of the proposed development or the community at large. However, the Commission may approve preliminary and final plats if developers improve lands consistent with the standards of this and other applicable ordinances to make the property, in the opinion of the Commission, suitable for its intended uses. The Commission may also approve the preliminary and final plats if the developer agrees to make suitable improvements and place a sum in escrow pursuant to this subchapter to guarantee performance. In determining the appropriateness of land development at a site, the Commission shall consider the objectives of this subchapter, and:
(A) The danger to life and property due to the increased flood heights or velocities caused by fill, roads, and intended uses;
(B) The danger that intended uses may be swept onto other lands or downstream to the injury of others;
(C) The adequacy of proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions under flood conditions;
(D) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(E) The importance of the services provided by the proposed facility to the community;
(F) The requirements of the development for a waterfront location;
(G) The availability of alternative locations not subject to flooding for the proposed development and land uses;
(H) The compatibility of the proposed uses with existing development and development anticipated in the foreseeable future;
(I) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area;
(J) The safety of access to the property for emergency vehicles in times of flood;
(K) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site;
(L) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets and bridges.
(Ord. 353, passed 7-10-2013)