The development of the subdivision shall be based on an analysis of environmental characteristics of the site. To the maximum extent possible, development shall be located so as to preserve the natural features of the site, avoid areas of environmental sensitivity, and minimize negative impacts on and alteration of natural features. The following specific areas shall be preserved as undeveloped open space, to the extent consistent with reasonable utilization of the land, in accordance with other applicable state or local regulations:
(a) Wetlands, as defined in Section 404, Federal Water Pollution Control Act Amendments of 1972, subject to review/field verification by the U.S. Army Corps of Engineers, or other agency authorized to make such determinations. Areas exhibiting hydrophilic vegetative species or generally accepted characteristics of a wetland shall be avoided. Where disturbance of these areas is unavoidable for the proposed project, it is the responsibility of the Owner/Developer to enlist the services of an Environmental Scientist certified in USACE wetland identification and delineation practices and procedures to evaluate the site and determine the impact to wetlands, if any, and the mitigation requirements.
(b) Significant trees or wooded areas, as defined as the largest known individual trees of each species in the state, large trees approaching the diameter of the known largest trees or species or groups of trees that are rare to the area or of particular horticultural or landscape value.
(c) Slopes in excess of fifteen percent (15%) unless appropriate engineering methods are employed to address erosion, slope stability, and residential safety;
(d) Historically significant structures and/or sites, as listed on, or eligible inclusion, on the National Register of Historic Places;
(e) Lands subject to flooding shall adhere to the standards and regulations of Chapter 1123 of the Codified Ordinances, as prescribed by the Federal Emergency Management Agencies’ most current Floor Insurance Rate Map (FIRM), and in accordance with Village Flood Control Regulations.
(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) Buildings or structures 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), and/or other authorized agency, in a flood study or report approved by the Village. Required fill areas must extend a minimum of fifteen (15) feet beyond the limits of the structure(s) or required improvement(s).
(4) When the Planning Commission determines that only part of a proposed plat can be developed in compliance with these requirements, it shall limit development to only that portion.
(5) The Planning Commission 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 flood proofing of structures, as recommended by the Village Engineer.
(Ord. 65-2015. Passed 11-2-15.)