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Last modified
1/26/2010 12:32:59 PM
Creation date
10/11/2006 10:40:06 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8030
Description
Section D General Compact Issues - US Water Resources Council
State
CO
Basin
Statewide
Date
8/1/1971
Author
US Water Resources C
Title
Regulation of Flood Hazard Areas to Reduce Flood Losses - Draft - Volume II Part V - With Appendices
Water Supply Pro - Doc Type
Report/Study
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<br />00232J <br /> <br />JUDICIAL REACTION <br /> <br />43 <br /> <br />5-322 <br /> <br />~~Ii~ <br /> <br />It is not a sound argument that the subdivision <br />will -attract additional dwellers; and thereby <br />increase the volume of traffic and cre~te the <br />need for additional police supervision. These <br />are mere incidents of munioipal growth. The <br />proposed development...will plainly not create <br />~bnormal traffic hazards inimical to the public <br />welfare. ,,23 , <br /> <br />Courts have quite oommonly rejeoted arguments that subdivision <br /> <br />approval should be denied because the subdivision would place <br /> <br /> <br />too heavy a burden upon municipal roads, schools, water <br /> <br />supply facilities, or sewer facilities but have supported <br /> <br />regulations where there were threats to public health and <br />Z4 <br />safety. <br />In Baker v; Planning Board25 the Supreme Judicial Court <br />of, Massaohusetts held that it was beyond the po\.,er of the <br />planning board to refuse plat approval for an area that acted <br />asa flood control or retention " area for the, town. The area <br /> <br />was subject to flooding after thaws or heavy rains. Theboard <br />'-, <br />disapproved the plat on several grounds including the ground <br /> <br />that plat approval would negate the purposes of the state <br /> <br />enabling act which provided that subdivision regulations <br />were aimed at "securing safety in case of ...flood,...securing <br /> <br />adequate provision for water, sewerage, drainage and other re- <br />quirements where necessary in a subdivision. "26 The court <br /> <br />did not question the power of the board to attach reasonable <br /> <br />conditions to achieve these purposes, but it held that the town <br /> <br />could not refuse to approve the plat so that the town could con- <br /> <br />tinue to use the owner's land as a water storage area and there- <br /> <br />by deprive the owner of all reasonable use. In this instance, <br />~~~ added cost to the municipality for new drainage facilities <br />was not a sufficient ground to deny plat approval. <br /> <br />
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