(A) In the subdividing of any land, due regard shall be shown for the protection of all natural terrain features of the site, which if preserved as required herein, will add to the attractiveness and stability of the proposed development.
(B) No subdivision or plat shall be approved which fails to meet the following requirements and standards:
(1) Proposed filling in a wetland shall only be permitted upon recommendation of the City Engineer and approval by the city.
(2) Dredging of water bodies shall only be permitted upon recommendation of the City Engineer and approval by the city.
(3) No development shall be permitted on land having a slope before alteration in excess of 12% unless the applicant shall prove that the following conditions are met:
(a) The foundation and underlying material of any structure including roads, shall be adequate for the slope conditions and soil type.
(b) Adequate controls and protection exist uphill from the proposed development such that there is no danger of structures or roads being affected by mud, uprooted trees or other materials and the soil shall be controlled.
(c) All structures other than buildings and roadway surfaces, but including retaining walls shall meet the following design criteria:
1. Retaining walls or terrace contours shall not exceed 30 inches in height unless approved by the city.
2. Construction shall be of a matter approved by the city.
3. The minimum space between terraces and retaining walls shall be ten feet.
(4) Wetlands and other water bodies shall not be used as primary sediment traps during or after construction.
(5) The proposed development will not increase the runoff rate of storm water beyond that allowed for in the city’s comprehensive storm sewer plan so as to cause an adverse effect upon adjacent lands.
(6) Erosion protection measures shall make maximum use of natural in-place vegetation rather than the placing of new vegetation on-site as erosion control facilities. The use of natural erosion control devices shall be preferred to the maximum extent over the construction of artificial drainage devices including culverts, holding ponds and ditches.
(7) The development shall be located in a manner as to minimize the removal of vegetation and alteration of the natural topography.
(8) Any and all erosion control, storm water runoff, utility access and similar structures shall be designed to be maintained, cleaned out and otherwise operated without requiring the crossing of private lands with or by the operation of motorized heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes on slopes in excess of 8%. As used in this section, private lands includes any outlots.
(9) Trees, other than diseased or damaged trees, shall only be cut or removed to accommodate acceptable elevations for streets, building sites, driveways or utilities. The applicant shall demonstrate that all grading which takes place will be conducted in a manner that preserves the root zone aeration and stability of existing trees and provides an adequate watering area equal to at least one half of each tree’s crown cover. The size and species of trees used in reforestation shall be approved by the city.
(10) The applicant shall be required to furnish and install fences wherever the city’s Community Development Director determines a hazardous condition may exist or an environmentally sensitive area needs to be protected during construction. The applicant, of his or her own volition, shall provide fencing wherever a hazardous condition may exist during construction prior to any determination made by the city.
(11) No cut trees, timber, debris, earth, rock, stones, rubbish or waste materials of any kind shall be buried in any land or left or deposited on any lot or street without the approval of the city’s Community Development Director. Debris shall also be removed no later than the time when the performance bond shall be released by the city or at an earlier time as determined by the city’s Community Development Director.
(12) Topsoil removed from lots during construction shall be stockpiled for respreading over lots and shall not be sold or otherwise removed from the subdivision area unless the removal of excess topsoil is approved by the city.
(13) Topsoil shall be respread so as to provide at least six inches of cover originally existing on the site or a minimum of four inches of cover if the original cover was less. The site shall also be stabilized by seeding and/or sodding.
(14) On grades or exposed areas which are not sodded, lawn grass seed shall be sown at not less than four pounds to each 1,000 square feet of land area. In the spring, the seed shall be sown between March 15 and May 15; and in the fall, the seed shall be sown between August 15 and September 30. The seed shall consist of a maximum of 10% rye grass by weight and a minimum of 90% of permanent bluegrass and/or fescue grass by weight. All seed shall have been tested for germination within one year of the date of seeding and the date of testing shall be on the label containing the seed analysis. All lots shall be seeded from roadside edge of the unpaved right-of-way back to a distance of 25 feet behind the principal residence on the lot. No property shall be occupied until respreading of soil and seeding of lawn has been completed; except that between October 1 and March 15, and between May 15 and August 15, the applicant shall submit an agreement in writing signed by the developer and the property owner, with a copy to the Director of Public Works, that respreading of soil and seeding of lawn will be done during the immediate following planting season as set forth in this section and leave an amount in the performance bond accompanying the plat to guarantee the seeding.
(‘81 Code, § B1-43) (Ord. 293, passed 4-21-83)
Cross-reference:
Tree preservation requirements, see § 152.46