(a) Purpose. The specific purpose of these provisions is:
(1) To regulate the subdivision and/or development of land within an area defined as a hillside development area in order to promote the general health, welfare and safety of the community.
(2) To require that each subdivision lot in hillside developments be provided with a safe building site with adequate access;
(3) To require that developers of hillside properties leave a minimum portion of the tract in its natural state;
(4) To protect individuals from buying lands which are unsuitable for use because of hillside slope, by prohibiting the improper subdivision and/or development of unprotected lands within defined hillside developments.
(b) Hillside Development. A hillside development is a residential development with an average slope of ten percent (10%) or more. Developers of this type of subdivision shall leave a minimum portion of the tract in its natural state, according to the average slope of the tract.
The minimum portion of land which shall be left in its natural state is:
Average Percent Slope | Minimum Portion of Land in Each Slope Category to Remain in Natural State |
10.0 to 14.9 | 25% |
15.0 to 19.9 | 40% |
20.0 to 24.9 | 55% |
25.0 to 29.9 | 70% |
30.0 and above | 85% |
For the purposes of this section, “natural state” means no clearing, cutting or filling, or other substantial changes in the natural conditions of the slopes.
(c) Municipal Liability. The grant of a permit or approval of a plan for any proposed subdivision and/or land development to be located within any area defined as a hillside development area shall not constitute a representation, guarantee or warranty of any kind by the City or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the City, its officials or employees.
(Ord. 98-32. Passed 10-1-98.)