(A) (1)
The burden of proof that lots and acreage are suitable for development shall rest with the subdivider. A subdivision plat may be disapproved if the Planning Board determines that insufficient or inadequate data is submitted by the subdivider.
(2) Land which has been determined by the Planning Board, on the basis of engineering or other expert surveys, to pose an ascertainable danger to life or property by reason of its unsuitability for the use proposed shall not be platted for that purpose, unless and until the subdivider has taken the necessary measures to correct said conditions and to eliminate said dangers.
(3) The Planning Board shall use all available resources to ascertain the suitability of lots and acreage for development including, but not limited to, soils for use of septic tanks and drainage characteristics. Expenses created in documenting this data shall be the responsibility of the developer. Fees incurred shall be paid prior to final plat approval.
(4) Lots and acreage determined by the Planning Board to be unsuitable for development shall be so indicated on the final plat and shall not be made available for sale to the public by the subdivider. Such lots and acreage shall not be developed for inhabitable buildings or structures but may be used otherwise for the public or community benefit.
(B) Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the County Health Department, a structural engineer and a soils expert determine that the land is suitable for the purpose proposed.
(C) All subdivision proposals shall be consistent with the need to minimize flood damage.
(D) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)