WSP01829 - Laserfiche WebLink

Home Browse Search

JUDICIAL REACTION 0023 3 ~ 57 5-342.14 ;"'~:: ..~,.".., >:.~:.~'. ':r 342.13 Offsite' Improvements Water flows onto a subdivis;Lon and off it. What happens to the subdivision land affects both upstream. and down- stream properties. While ,courts have noted that possible effect upon 'f100ding other lands may bea basis for plat 92 refusal, courts with little dissension have refused to sanction requirements that a subdivider construct facilities outside his properties. 93 OnecoU1;t held that a subdivider oould" not be forced to share in the cost, of a bridge or culvert con- ' structed on other lands.94 Another court. held that a sub- ,divider could not be made, to extend a drainage ditch through another's lands although his drainage facilities had no'outlet.95 Court!' h?'.'e qt'ite frequently held thatslt,1:>di'!i<:!ers ('oult'!: r:ct be forced, to construct road facilities outside their subdivision.96 These holdings seem in part to be based upon ultra vires argu.- ----- . ments, L e., ,the enabling acts or ordinances ,do not perini t re- quirements for lands outside the Subdivision area -_ and in part upon arguments that a subdivider should bear' ,onlycos.ts associated with his, subdivision. 97 342.14 'Fees' in' Lieu of Improvements property on Often a subdivider who owns/only one bank of a stretch of, a stream or a portion of a water course is not able, acting.alone, to provide effective flood protection or drainage facilities. In contrast, a municipality or drainage district maY,peable to operate at a scale ,necessary to construct <'likes, dams, levees, seawalls, channei improvements, drainage 'ditches, ~f:~~~~ and storm sewers to serve an entire area. Therefore, some municipalities require subdividers to contribute feeS for