§ 40-97. Suitability of the land.

(a)

The planning commission shall not approve the subdivision of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that in the best interest of the public the site is not suitable for platting and development purposes of the kind proposed. Land subject to flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy, or for any other uses that may increase flood hazard, endanger health, life or property, or aggravate erosion. Such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions. In applying the provisions, land below the flood elevations as established by the engineering authority shall be considered subject to flood.

(b)

Fill may be used to raise land in areas subject to flood if the fill proposed does not restrict the flow of water so as to unduly increase flood heights or flood levels may be elevated to safe heights.

(Ord. of 6-30-1969, § 4.24)