No land shall be subdivided which is determined to be unsuitable for such use by the
plan commission, upon the recommendation of the village engineer/DPW director, for
reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable
topography or any other feature likely to be harmful to the health, safety or welfare
of the future residents or occupants of the proposed land division, or the village,
or poses an imminent harm to the environment. The plan commission, in applying the
provisions of this section, shall in writing recite the particular facts upon which
it based its conclusion that the land is not suitable for the intended use and afford
the subdivider an opportunity to present evidence in rebuttal to such finding of unsuitability,
if he so desires. Thereafter, the plan commission may affirm, modify or withdraw its
determination of unsuitability. In addition, no lot served by public sanitary sewer
facilities shall have less than 50 percent of its required lot area above an elevation
at least two feet above the elevation of the 100-year recurrence interval flood.
(Ord. No. 802-13, § 1(Att.), 4-22-2013)
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