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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 />.yUDlCIAL REACTION <br /> <br />o a 233 ~ 55 <br /> <br />5-34Z.l0 <br /> <br />each proposed subdivision presents a unique problem in de- <br /> <br />;'i~~ termining the adequacy of drainage facilities, park areas, and roads <br /> <br />in a specific context. The common approach is for th~ municipal <br /> <br />planning board or its staff to confer with sub-dividers and determine, <br /> <br />in light of public needs and private economics, the specific requirements <br /> <br />f h bd""" 80 <br />or eac su IVlSlon. <br /> <br />These standards are then attached as conditions <br /> <br />to plat approval. <br /> <br />Subdivision regulations commonly specify such conditions. ' These <br /> <br />81 <br />conditions must reasonably promote the general welfare by assuring <br /> <br />adequate streets, open spaces, recreation areas, sewer systems or <br /> <br />d' 82 <br />ramage. <br /> <br />The validity of attaching provisions to plat approval has <br /> <br />been widely sustained although litigation is common over specific <br /> <br />provisions. Robert Anderson, author of a prominent text on zoning an4 <br /> <br />subdivision regulation, states: <br /> <br />In general, a subdivider may be required to install certain, <br />. improvements, or to set aside a certain amount of land, ' <br />because the subdivision of land is regarded as, a privilege which <br />may be granted by the ttUnicipality subject to reasonable <br />conditions. It is reasoned that the subdivision of land results <br />in improvements which in turn create a demand for additional <br />municipal services. This demand can be met only through the <br />expansion of services at a price. The sub4ivider who creates <br />the demand ought to pay the price and :rass it along to the owners <br />of the subdivided and improved land. 8 <br /> <br />The power of a planning commission or other reviewing agency <br /> <br /> <br />is derive4 from the enabling act. 84 A condition for approval may <br /> <br /> <br />be impose4 only if authorized by statute. 85 Since few enabling acts <br /> <br />specifically consider flooding problems, it is important that attached <br /> <br />con4itions to alleviate flood <br />
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