§ 20-15. Land suitability.

No land shall be subdivided as a plat or certified survey map which is determined to be unsuitable for such a use by the town plan commission, upon the recommendation of the town engineer or any other agency as determined by the town plan commission, for reason of flooding, inadequate drainage, adverse soil or rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or of the town. In addition:

(1)

Flood land and shorelands. All lots partially or entirely within the flood land-shoreland jurisdictional area shall comply with the county shoreland and protection ordinance and shall be subject to the approval of the county department of parks and land use-planning division.

(2)

Fill materials (sewage disposal). Lands made, altered, or filled with non-earth materials within the last ten years shall not be divided into building sites which are to be served by soil absorption waste disposal systems.

(3)

Fill materials (sewage disposal). Lands made, altered, or filled with non-earth materials within the preceding 20 years shall not be divided into building sites which are to be served by soil absorption waste disposal systems except where soil tests prepared by a professional soil scientist clearly show that the soils are suited to such use. Soil reports shall include, but need not be limited to, an evaluation of soil permeability, depth to groundwater, depth to bedrock, soil bearing capacity, and soil compaction. To accomplish this purpose, a minimum of one test per lot shall be made initially, additional tests may be required by the town. The town does not guarantee, warrant, or represent that the required samples represent conditions on an entire property and thereby asserts that there is no liability on the part of the town board, its agencies or employees for sanitary problems or structural damages that may occur as a result of reliance upon such tests.

(4)

Steep slopes. Each lot proposed to be served by an on-site soil absorption sewerage disposal system shall have 50 percent of its minimum required lot area, or 20,000 square feet, whichever is less, in slopes of less than 12 percent.

(5)

Shallow bedrock. Lands having bedrock within six feet of the natural undisturbed surface shall not be divided into building sites to be served by soil absorption sewage disposal systems.

(6)

Shallow groundwater table. Lands having groundwater within six feet of the natural undisturbed surface shall not be divided into building sites to be served by soil absorption sewage disposal systems without approval of the town plan commission, town board and county department of parks and land use-environmental resources division.

(7)

Soil tests. Soil tests shall be per appropriate agency requirements.

(8)

Holding tanks. No residential lots shall be developed which require holding tanks. All existing residential buildings and all new and existing commercial and industrial buildings developed with holding tanks shall comply with the sewage holding tanks (chapter 12, article III).

(9)

Unsuitability of residential use. The town plan commission and board, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is unsuitable for residential use and afford the subdivider an opportunity to present evidence in rebuttal to such finding of unsuitability if he so desires. Thereafter the town plan commission and board may affirm, modify, or withdraw its determination of unsuitability.

(Ord. of 9-8-2017, § 12-3-6)