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<br />Subdivision <br />Subdivision regulations apply when <br />any land is divided into smaller par. <br />eels for the purposes of development <br />or resale, They are not used as fre- <br />quently as zoning regulations for <br />floodplain land because they do not <br />regulate the design specifications for <br />location and construction of struc- <br />tures or for development of the land <br />around them. The requirements for <br />floodplain land must, however, be <br />met and the final plats approved <br />prior to any subdividing. <br />Subdivision regulations usually pro- <br />hibit subdividing portions of a pro- <br />posed development that would be <br />subject to flooding. Those lands <br />could be subdivided if the flood <br />hazards were satisfactorily addressed <br />by filling in the flood fringe or other <br />appropriate measures. Filling in the <br />floodway is prohibited. <br />A subdivider can be required to <br />install adequate drainage facilities <br />and to design sewer and water sys- <br />tems to minimize damage by flood- <br />ing and to minimize contamination of <br />flood waters by sewer lines or con- <br />tamination of domestic water by <br />flood waters. <br />The subdivision review process can <br />include consideration of the appro- <br />priateness of new subdivisions in the <br />dam failure flood zone downstream <br />of any dam(s) affecting the commun- <br />ity. The review process can also <br />incorporate consideration of safety <br />measures such as warning systems <br />and evacuation plans. <br />Development below a dam is <br />beyond the control of the dam <br />owner, and a dam will sometimes <br />attract development as residents <br />view it as "protection" from flooding. <br />State agencies cannot restrict sub- <br />division activity or zoning downstream <br />of a dam based on potential dam <br />failure. If people and their property <br />downstream are subject to hazard-- <br />even if those people move in after <br />the dam has been built--the dam <br />owner ;s responsible for damages <br />and cannot require state or local <br />government to minimize the respon- <br />sibility through subdivision, zoning, <br />or other means. <br />Owners of dams can protest at the <br />hearings of the several commissions <br />which approve developments that <br />occur below their dams. In several <br />cases, the dam owners have received <br />relief from subdivision, zoning, and <br />requirements of the approving <br />authorities. It is the dam owners' <br />responsibility, however, to be diligent <br />in regard to development that would <br />affect their dams, <br /> <br />26 <br /> <br />Planned Unit Development <br />Planned Unit Development (PUD) <br />reguiations may be separate regula- <br />tions-~or they may be part of zoning <br />regulations, subdivision regulations, <br />or both. PUDs are based on the pre- <br />mise that a community can offer <br />some flexibility in its zoning and <br />subdivision standards in exchange <br />for a developer's adherence to a <br />master plan previously approved by <br />the community. Therefore, the PUD <br />approval process involves a com- <br />bination in fact or in concept of zon- <br />ing and subdivision review. <br />One potential advantage of the <br />PUD concept is the opportunity that <br />is offered to the community and the <br />developer to relocate proposed <br />structures to reduce flood hazards <br />whiie still maintaining the basic <br />intent of the master plan. The <br />developer has more freedom to plan <br />the kind of development he wants <br />while avoiding flood hazards because <br />he is not necessarily constrained by <br />the same zoning setbacks, height <br />restrictions, lot sizes, or subdivision <br />requirements that a more traditional <br />development must follow, More <br />options for addressing flood hazards <br />are available than through strict <br />interpretation of zoning and/or sub- <br />division regulations; the option of <br />avoiding the floodplain entirely may <br />become more appealing in a PUD, <br />PUD regulations apply, however, only <br />to those areas of the community that <br />are zoned and developed as PUDs. <br /> <br />Building Codes <br /> <br />Building codes are not commonly <br />used for regulation of fioodplains. <br />Building codes establish minimum <br />standards for building design and <br />construction to protect the integrity <br />of structures and the safety of their <br />occupants. These codes apply only <br />to new buildings or substantial <br />improvements to existing buildings. <br />They usually establish minimum <br />elevations for flood protection and, <br />sometimes, structural flood proofing <br />requirements. <br />One major drawback of building <br />codes is the way in which they are <br />enforced. The review by building <br />officials comes either late in the zon- <br />ing and subdivision processes or <br />after them. At that point it is expen- <br />sive and difficult to redesign entire <br />developments. <br />