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§ 150.70 PURPOSE.
   (A)   The purpose of this subchapter is to regulate development on steep slopes in order to preserve Chimney Rock Village's unique visual character, to preserve scenic views and vistas that are inherent to the character of the village, conserve the public health, safety, and general welfare, and promote environmentally sound design and planning, to promote public safety by ensuring that development on steep slopes areas addresses slope stability in an effective manner, provide opportunities to reduce the length of roads, of utilities, and amount of grading and paving. The mountains and steep slopes constitute a significant natural topographic feature of the community and create a desirable setting, visible to the residents, the visiting public, and the tourist community which constitutes the village's sole economy. In order to insure the preservation of the mountains and steep slopes, the regulations of this subchapter are established to recognize that development of land on steep slopes or mountainous areas involves special considerations and unique situations which result from the slope of the land. These special considerations and unique situations include, but are not limited to, increased hazards to development from rock falls, earth movement, storm water runoff, and geologic hazards. In addition, steeply sloped land presents design limitations to roadways, cuts and fills, and buildings, and difficulties in providing public services.
   (B)   The following objectives shall serve as general guidelines to fulfill the purpose of this section:
      (1)   To protect life and property from all potentially hazardous conditions particular to steep slopes;
      (2)   To preserve and enhance the scenic and environmental resources of the landscape by encouraging the maximum retention of prominent natural topographic features;
      (3)   To encourage innovative site and architectural design and planning in order that the development adapts to the natural terrain and is harmonious with the character of the area;
      (4)   To minimize grading and cut and fill operations consistent with the retention of the natural character of the steep slope;
      (5)   To minimize storm water runoff and erosion problems incurred by the development on and off the site;
      (6)   To preserve, where possible, natural streams, ponds and associated riparian vegetation;
      (7)   To encourage the on-site retention of significant tree and other vegetation which stabilizes steep slopes, retains moisture, prevents erosion, and enhances the natural scenic beauty; and to encourage the retention of vegetation throughout the site instead of just in the periphery area of the development;
      (8)   To encourage minimal grading which relates to the natural contour of the land;
      (9)   To provide land use densities to promote the best possible development of steep slopes in order to retain significant natural features;
      (10)   To encourage road design which follows the natural topography wherever possible in order to minimize cutting and grading; and
      (11)   To preserve predominant views from and of the steep slopes in order to retain the sense of identity and imagery that the river, the creeks, the hills and mountains now impart to Chimney Rock Village.
(Ord. passed 10-16-2007)
§ 150.71 DEFINITION.
   (A)   Steep slope defined. For the purposes of this subchapter, a STEEP SLOPE is defined as any lot, parcel, plot, or tract of land which meets all the following standards:
      (1)   Is located within any zoning district of Chimney Rock Village and its extraterritorial jurisdiction; and
      (2)   Has an average slope of its natural terrain of 15% or greater; and
      (3)   Has an elevation of 1200 feet above mean sea level or greater, provided only that portion of a lot, parcel, plot, or tract which has an elevation of 1200 feet above mean sea level or greater shall be defined as a "steep slope" and any portion below said elevation shall not be defined as a "steep slope".
   (B)   Previously approved developments exempt. Any portion of the lot, parcel, or tract of land which has been approved as a subdivision prior to the adoption of this subchapter or developed prior to the adoption of this subchapter shall not be included within the definition of a steep slope if no further development is proposed within that portion of the lot, parcel, or tract of land.
(Ord. passed 10-16-2007)
§ 150.72 AVERAGE SLOPE DETERMINATION.
   To verify the average slope of the land falling under the Steep Slope Ordinance determination, the subdivider shall obtain a professional survey and apply the procedures set forth in the Appendix following this chapter.
   (A)   Contour map required. Each application for a development which meets the standards set forth in the steep slope definition shall include a contour map which includes a scale and contour interval on the site plan to determine the average slope of a lot, parcel, plot, or tract of land in its natural state.
   (B)   Calculation of natural average slope. The natural average slope is calculated using the following formula:
   S= 0.0023 x I x L/A
   Where:
   S = Average natural slope of parcel in percent
   I = Contour interval of map in feet, with said contour intervals to be five feet or less
   L = Total length of the contour lines within the parcel in feet
   A = Area of the parcel in acres
   0.0023 = Constant which converts square feet into acres
   Once "S" or the average natural percent is calculated and rounded off to the nearest whole number, that number shall be used to determine development requirements.
(Ord. passed 10-16-2007)
§ 150.73 DEVELOPMENT REGULATED.
   Developments which meet the standards set forth in the definition of steep slope shall further be regulated with regard to the permitted density on the site. The permitted density for residential uses shall be determined by the average slope of a site to be developed for residential use. If historic grade cannot be calculated due to prior grading or development activities, it shall be estimated using best available resources by the Zoning Administrator whose determination shall be final.
(Ord. passed 10-16-2007)
§ 150.74 MANUFACTURED SLOPE AND NEW ROADWAYS.
   Manufactured slopes are slopes created by grading operations. Manufactured slopes shall be modulated by landscaping to create natural appearing slopes and hillsides. The minimization of retaining walls and preservation of trees is a priority for maintaining the natural appearance of manufactured slopes. Manufactured slopes shall not exceed 2:1 cut slopes and 2:1 fill slopes. Roadway grades shall not be established to a grade point higher in elevation than a minimum of 20 feet below a mountain ridge line.
(Ord. passed 10-16-2007)
§ 150.75 STRUCTURE HEIGHT AND LOCATION.
   (A)   The maximum height of principal structures in the Steep Slope Overlay District shall be limited to 2 stories (maximum 25 feet to top of roof/ridge) on the uphill side of the structure and 3 stories (maximum 35 feet to top of roof/ridge) on the downhill side of the structure, regardless of height allowances elsewhere in this code. For development sites where structures are not located so as to have an uphill or a downhill side, the maximum height of principal structures shall be limited to 2 stories (maximum 25 feet to top of roof/ridge). Accessory structures shall not exceed 20 feet in height to top of roof ridge on any side.
   (B)   In any case, neither the roof/ridge of any building, nor of any accessory structure, nor shall any portion of a building or structure shall be constructed on, extend above, or be visible above a mountain ridge.
(Ord. passed 10-16-2007)
§ 150.76 DENSITY.
   As the definition of steep slope indicates, any proposed development whose average natural slope is less than 15% is not subject to the regulations for permitted density as set forth herein. Any proposed development which meets the definition of steep slope and whose average natural slope is above 30% is subject to the most restrictive site density.
   (A)   15.0% to 19.9% slope: 1 dwelling unit per 3 acres.
   (B)   20.0% to 24.9% slope: 1 dwelling unit per 5 acres.
   (C)   25.0% to 29.9% slope: 1 dwelling unit per 7.5 acres.
   (D)   30.0% slope and greater: 1 dwelling unit per 10 acres.
(Ord. passed 10-16-2007)
§ 150.77 STEEP SLOPE DEVELOPMENT REVIEW PROCESS.
   (A)   Information required. Compliance with this subchapter and the subdivision review process.
   (B)   Additional information. In addition to the application information required for a site plan review or subdivision review, those proposed developments which meet the standards of the steep slope definition must include the following information:
      (1)   A site plan which includes the boundaries and acreage of the parcel, the scale and contour
interval, existing and proposed contours, the limits and area of grading, and percent of site to be graded;
      (2)   Average natural slope calculations which include the average natural slope in percent, contour intervals of 5 feet or less, individual and total length of contour lines in feet and area of the parcel in acres;
      (3)   Other information or descriptions or maps which may be requested by the Zoning Administrator, and/or the Chimney Rock Village Planning Board to address concerns regarding geologic hazards, soil stability, building-to-site relationships, and similar characteristics.
      (4)   A geological survey prepared by a professional geologist and a geotechnical engineer.
(Ord. passed 10-16-2007)
§ 150.78 ISSUANCE OF GRADING PERMIT.
   No land disturbance permit, grading permit, or any other permit which would permit development of the site shall be issued for a parcel of land or subdivision which meets the standards set forth in the definition of steep slope until the site review and subdivision plat review have been completed.
(Ord. passed 10-16-2007)
§ 150.79 EXISTING LOTS OR PARCELS.
   Construction of a single-family residence shall be permitted on any lawfully established lot or parcel existing as of the date of adoption of this subchapter, even if the parcel does not meet the maximum density requirements listed in the table above. In such cases, however, the requirements of §§ 150.71, 150.74 through 150.78 and 150.80 shall still apply.
(Ord. passed 10-16-2007)
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