7.3.1 Unsuitability

If the Planning Commission or Town Board finds lands unsuitable for commercial development due to natural hazards, flooding, improper drainage, fire, steep slopes, rock formations, geologic hazards, potentially toxic wastes, adverse earth formations or topography, wetlands, utility easements, wildlife habitats that cannot be reasonably mitigated, or other natural features, including ridge lines and hilltops, which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the development or surrounding areas, the land shall not be developed. The development may be made suitable if adequate methods are formulated by the developer and approved by the Town, upon recommendation of a qualified planner or engineer hired by the developer, and approval of the Town Engineer, to solve or remedy the problems created by the unsuitable land conditions. The burden of the proof shall lie with the developer to establish the viability of development in these sensitive or unsuitable areas. Unsuitable land shall be set aside or reserved for uses that do not involve such a danger or severe environmental impact. Lands located in sensitive lands areas may be further regulated by chapter 8 of this Code. 2 Town of Wallsburg Development Code Additionally, consideration must be given to soil conditions and ground water existence, and may include appropriate setbacks and conservation requirements.