(A) No land shall be subdivided if the land is considered by the Planning Commission to be unsuitable for its intended use by reason of flooding or improper drainage, objectionable earth and rock formation or any other feature harmful to the health and safety of possible residents or users of the area and the community as a whole.
(B) All development shall be subject to the provisions of Chapter 157 in addition to the following:
(1) Areas subject to inundation by flood waters.
(a) For subdivision within the designated floodplain, the preliminary plat and the final plat shall clearly show the limits of all portions of the land being subdivided which are subject to flooding and there shall be noted thereon the boundaries of the 100 year return frequency flood elevation and other pertinent information relating thereto as may be required by the Planning Commission in the particular case. The boundaries of the ten (10) year return frequency flood elevation shall be similarly noted where division (h) below applies.
(b) Each lot in a subdivision subject to flooding which may be occupied shall:
1. If to be occupied by a residential or retail commercial structure, contain a building site and accessway to the frontage street with a ground elevation equal to or greater than the elevation of the maximum flood of record; or
2. If to be occupied by other than residential and retail commercial structures, possess an access from each building site to the frontage road with the access elevated equal to or above the elvation of a flood with a return frequency of 25 years.
(c) No portion of any building shall be constructed on any lot having its finished floor elevation less than one (1) foot above the elevation of the maximum flood of record or calculated.
(d) The elevation of the center line of all new roads shall be established at or greater than the elevation of the maximum flood of record.
(e) All required public improvements, including streets and roads, drainage, water supply and sanitary sewers shall be in accordance with the special conditions as may be required because of possible flooding by the public agency under whose jurisdiction and supervision the improvements are made.
(f) When all the requirements set out above, including private and public improvements, have been accounted for on the plan of development, it shall be the finding and judgment of the Planning Commission that the improvements do not encroach upon or otherwise restrict under flood conditions, the greater channel capacity in such a way as to retard the stream flow and to cause the flood elevation to reach greater heights.
(g) In cases of special open land uses or other unusual conditions, exceptions may be made in the above requirements which may permit a public road or street to be at a lower level when subject to more frequent flooding, and may include or even require the omission of underground utilities under these conditions.
(h) All of those lands within areas of 100 year flood, as shown on the Federal Insurance Administration's Flood Insurance Rate Map for the unincorporated areas of Lexington County, and subject to inundation by a flood with a ten (10) year return frequency shall be dedicated to public use for purposes including, but not limited to, flood control, erosion and sediment control, groundwater recharge, natural purification of stormwater runoff, wildlife habitat and recreation. These lands may be included within a privately owned recreational facility so long as the other purposes noted above are not compromised. The development of the private facility should occur prior to public dedication.
(2) Drainage.
(a) All surface water channels shall be widened, deepened or realigned as is deemed necessary by the County Engineer's office so as to carry the maximum required storm water runoff and remain within the channel.
(b) An adequate drainage system, including necessary open ditches, pipes, culverts, storm sewers, curbs, gutters, intersectional drains, drop inlets, bridges and other necessary appurtenances shall be installed by the subdivider according to plans and specifications approved by the Soil and Water Conservation District Office and the County Engineer's office.
(c) A drainage easement of sufficient width as determined by the County Engineer shall be placed along all drainage ways. No structures shall be built within the easements without the permission of the proper authorities. In those instances where the natural drainage way is too large in size to be adequately protected by an easement, the subdivider shall designate the property as a reserve parcel on the subdivision plat. The parcel shall be indicated on the preliminary and final plats as a reserve parcel and shall carry the notation thereon:
Reserve Parcel: Not a legal building site.
(1985 Code, Ch. 12, § 6.2) Penalty, see § 151.999