(A) Land subject to flooding. Land subject to flooding and land deemed to be topographically unsuitable for development, or lands in environmentally sensitive areas shall not be subdivided for residential purposes, nor for such other uses as may increase danger to health, life or property or aggravate erosion or flood hazard.
(B) Suitable land for subdivision.
(1) To be suitable for subdivision, land proposed to be subdivided shall have essential utilities and public services available within a reasonable distance and time period. Land to which these essential utilities and services will not be provided shall be deemed unsuitable for subdividing.
(2) Essential utilities and services and criteria for determining if they can adequately be provided shall include the following:
(a) Sanitary sewer system. Sanitary sewer system shall be provided in accordance with § 155.093, provided that if the land cannot be served with sanitary trunk sewers, the land shall be unsuitable for subdividing unless it can be shown that adequate private sewage systems can be provided, as required by § 155.093. Due to various environmental factors and considerations, some land will not be suitable for private sewage systems.
(b) Water main supply system. Water main supply system shall be provided in accordance with § 155.095 and only as may be approved by the village’s water supplier pursuant to the village’s agreement to obtain water service, provided that private wells may be permitted for developments outside the village if the developer can demonstrate that it is not feasible to extend water mains to the land proposed to be subdivided. As a minimum guideline, the extension of 120 feet of water main per each individual lot of the preliminary plan shall be deemed feasible. This distance shall be measured between the nearest suitable public water main and the proposed development. Mains within the development shall not count toward this extension footage.
(c) Streets, curbs and gutters.
1. Land proposed to be subdivided shall be suitable for street construction and shall not have limitations which adversely affect construction conditions. Factors to be considered include:
a. Soil type as it affects shrinkage, swelling, frost heave and related considerations;
b. Water table as it affects subgrade; and
c. Slope as it affects maintenance, snow plowing, sight distance, parking safety and need for large amounts of fill.
2. The Village Engineer shall make the final determination on suitability for street construction, including § 155.096 for further requirements which may affect suitability.
3. The suitability of existing streets for access to the proposed subdivision and/or for incorporation into the proposed subdivision’s street system shall also be considered. A street shall be considered suitable if:
a. The street is constructed of all weather material (concrete, asphalt, oil mat);
b. The pavement has the equivalent strength to carry emergency and safety vehicles (minimum two-inch asphalt on six-inch crushed rock);
c. The paved area is at least 20 feet wide with a road bed 24 feet wide;
d. There is a minimum vertical clearance of 13 feet six inches; and
e. The street has good positive drainage and is not subject to frequent flooding.
(C) Other requirements.
(1) The site must be in conformance with the village’s comprehensive plan.
(2) Development must be in accord with appropriate jurisdictional flood plain regulations.
(3) The site must be of a shape, size and terrain so that usable lots and streets in conformance with this chapter can and will be created. To achieve conformance, the site may require special design or may require the contemporaneous subdividing of adjacent property.
(4) Development must not have a major conflict with existing use of adjacent property unless it is shown that factors which cause the conflict can and will be mitigated.
(5) Development must not cause major off-site impacts and problems relating to, but not limited to, streets, drainage, water system and parks. If it is determined that major off-site impacts will result, the subdivider must agree to mitigate the portion of the impact caused by the subdivision.
(2009 Code, § 35-1-8) (Ord. 91-4, passed 5-6-1991; Ord. 97-6, passed 4-14-1997)