1193.03 LAND NOT SUITED FOR DEVELOPMENT.
   If the Planning and Zoning Board finds that land proposed for subdivision development is unsuitable due to flooding, poor drainage, topography, unsuitable soils, inadequate public facilities, and/or other condition that may be detrimental to the general health, safety or welfare of the public, and if it is determined that the land should not be developed for the purpose proposed, the Planning and Zoning Board shall not approve such subdivision unless adequate methods are proposed by the Owner/Developer for alleviating the problems that would be created by development of the land.
   (a)   Land Subject to Flooding. The subdivision of land or lands within areas subject to flooding, as specified by Section 1169.02 and Chapter 1337, shall be subject to those regulations, and shall in addition, be subject to the following requirements:
      (1)   No subdivision or part thereof shall be approved if the proposed subdivision development will, individually or collectively, significantly increase flood flows, heights or damages.
      (2)   No subdivision, or part thereof, shall be approved which would substantially affect the storage capacity of the flood plain
      (3)   Building sites used or intended to be used for human occupation shall not be permitted in floodway areas. Sites for these uses may be permitted outside the floodway if the sites or structures are elevated to such height that the lowest floor of the structure is least one (1) foot above the 100-year base flood elevation, as established by the Federal Emergency Management Agency (FEMA), the Ohio Department of Natural Resources (ODNR), or other authorized agency, in a flood study or report approved by the Village. Required fill areas must extend fifteen (15) feet beyond the limits of the structure(s).
      (4)   When the Planning and Zoning Board determines that only part of a proposed plat can be developed in compliance with these requirements, it shall limit development to only that portion, and shall require that the method of development is consistent with its determination.
      (5)   The Planning and Zoning Board may attach other reasonable conditions as is appropriate to the approval of plats within areas subject to flooding. Such conditions may include, but are not limited to, requirement for the construction of dikes, levees or other similar measures, or floodproofing of structures, as recommended by the Village Administrator.
         (Ord. 2004-111. Passed 7-26-04.)