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08-23-2004 Council Packet
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08-23-2004 Council Packet
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w <br />Ji <br />provisions of all applicable statutes. <br />(Code 1984, § 10.55(11)) <br />Sec. 78-1118. Land development and platting. <br />No part of any lot within the floodplain and wetlands conservation area shall be <br />platted for residential occupaney or for other uses which will increase the danger to <br />health, life, property or the public welfare. All lots containing land within the floodplain <br />districts shall contain a building site above the regulatory flood protection elevation. All <br />subdivisions shall have water and sewage disposal facilities that comply with the <br />provisions of this article and have road access no lower than two feet below the <br />regulatory flood protection elevation. Whenever a portion of the floodplain and wetlands <br />conservation area is located within or adjoins a land area that is being subdivided, the <br />subdivider shall dedicate to the city an adequate perpetual easement over the land within <br />the protected area and along each side of such area for the purpose of improving or <br />protecting the area for drainage or other purposes expressed in this article and other <br />recreational uses, as detentiined by the council. Public or private streets, driveways, <br />drainage openings and culverts shall not be constructed unless their design has been <br />approved by the city; and such structures shall be designed so as not to restrict the flow of <br />water. SuDdivision applicants shall provide all certified engineering data, surveys, site <br />plans, flowage calculations and other information as the city may require in order to <br />deteniiine the effects of such development on the affected land and water areas. <br />(Code 1984, § 10.55(15)) <br />See. 78-1119. Removal of artificial obstruction. <br />If an artificial obstruction is found after investigation by the city, an order shall be <br />issued to the owner, following ten days' written notice and hearing, for removal within a <br />reasonable time as may be prescribed by the condition and type of artificial obstruction. <br />If the owner shall fail to remove the artificial obstruction or if the owner cannot be found <br />or detennined, the city shall have the power to make or cause such removal to be made, <br />the cost of which shall be borne by the owner or specially assessed against the lands in <br />the same manner as prescribed by law for the levy of special assessments for municipal <br />improvements, notwithstanding section 78-1116. The special assessment shall be <br />c.rtified to the county auditor for collection in the same manner as the ad valorem real <br />property tax of the city <br />(Code 1984, § 10.55(i 7)(A)) <br />Secs. 78-1120-78-1140. Reserved. <br />DIVISION 2. <br />ADMINISTRATION AND ENFORCEMENT* <br />Cross Rcfci cnees: Administration, ch. 2.
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