Section 10.04 Criteria for Development Review Evaluation

   (1)   The Development Review Board shall have the authority to review and approve or deny new Mountainside development as specified in this Article.

   (2)   The Board’s evaluation shall be based upon the following:

      (A)   Identification of environmentally sensitive features through:

         1)   A slope analysis as identified in Section 10.03.

         2)   A site analysis as identified in Section 10.03.

         3)   A composite map graphically illustrating the highest environmentally sensitive and the lowest environmentally sensitive areas based upon the combination of the slope and the site analysis. This composite map shall be known as the Environmentally Sensitive Features Map.

         4)   The Development Review Board shall have the authority to approve, deny, or require modifications of the Environmentally Sensitive Features Map to further clarify the identification of environmentally sensitive features.

      (B)   The applicant shall overlay (on a separate plan) the location of all site improvements relative to the identification of environmentally sensitivity features. This plan shall be known as the Development Plan.

         1)   If any site improvements encroach within areas defined as the most environmentally sensitive in the approved Environmentally Sensitive Features Map, any relaxation of the underlying standards specified in Section 10.06 shall not be applicable. Such encroachment shall provide appropriate engineering to ensure that public health, safety, and welfare are not compromised. The Development Review Board shall have the authority to approve, deny, or require modifications of respective improvements to ensure public health, safety, and welfare are not compromised.

         2)   If the site improvements are located within portions of the property that are determined by the approved Environmentally Sensitive Features Map to be the least environmentally sensitive, the applicant may use the relaxation of the standards specified in Section 10.06. To ensure that future development does not infringe on the identified environmentally sensitive features, the Development Review Board shall approve or modify the location and the dedication of a conservation easement. Such conservation easement shall be defined on the Development Plan with a legal description and the area identified in square feet. This easement shall be recorded with a respective subdivision, lot split or tie, and/or deed to the subject parcel or lot.

Figure 10.02: Flow chart illustrating process of Mountainside Regulations.