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<br />,002318 <br />,JUD~CIAL REACTION 41 <br /> <br />5-321. 20 <br /> <br />'1)';;". <br />"',d., <br />~,c...-__ <br />-""".' <br /> <br />public, and especially innocent purchasers of p~operty in the <br /> <br /> <br />subdi vision 1 of the facts. n12 <br /> <br />321.20 Prevent Flood or Drainage Problems <br />An Illinois court upheld the refusal of a planning board <br />to approve a plat because the subdivider had made no provision <br />13 <br />for drainaae as required by the subdivis~on control statute. <br />A lower Pennsylvania court upheld a refusal of a plat where the <br />proposed subdivision would have flooded other lands.14 The <br />Supreme Court of New Jersey15 considered the validity of actions <br />of a planning board under a state statute which contained <br />express flooding language. The statute provided that: <br /> <br />In acting upon plats the planning board shall require, <br />among other conditions in the public interest, <br />that the tract shall be Qdequaf:el.y dndned... <br /> <br />The planning agency shall further require that all <br />lots shown on the plats shall be adaptable for <br />the intended purposes without danger to healthor16 <br />Pl"ril from flood> fire, erosion, or o,ther menace. <br /> <br />The plaintiff in the suit owned a lot which was diagonally <br /> <br />crossed by a drainage ditch and apparently subject to drainage <br /> <br />and flooding problems. The court remanded to the planning <br />board for further consideration the question whether a dwelling <br />could be erected upon his lot \~i thout causing drainage problems' <br /> <br />The court observed that, the board had broad powers to impose <br /> <br />conditions relating to drainage and flooding: <br /> <br />It is the obvious intent of the act that in mat- <br />ters requiring the approval of the planning board it <br />should have the authority to impose those conditions <br />which in the circumstances it believes are reason- <br />ably necessary for the protection of the public <br />good and \ve1fare. The act clearly gives the' <br />,planning agency the authority to require that naIl <br />