(A) Preservation of trees and natural features encouraged.
(1) Significant forest stands, natural vegetation, specimen trees, severe natural topography, drainage features and water courses are encouraged to be preserved to the extent that is reasonable and practical while otherwise not reasonably prohibiting development.
(2) Forested and vegetated areas whose physical site conditions render them unsuitable for development should be set aside as conservation areas or as open space. Wooded sites should be developed with careful consideration of the natural characteristics of the site. When portions of forested stands must be developed, careful consideration should be given to preserving wooded perimeters or the most desirable natural features in order to retain the aesthetic or visual character of the site. Isolated pockets of existing trees or specimen trees should be protected as a valuable asset of the property.
(B) Environmental survey.
(1) Environmental surveys are required at the preliminary plat stage for all major subdivisions. Identification of existing trees, known endangered species, wetlands, streams and creeks, floodplains and topographical features on a site prior to the advanced preparation of development plans enables the reasonable and practical planned preservation of existing vegetation while considering unique site conditions. An environmental survey is intended to identify forest stands, distinctive tree lines or forest edges, existing watercourses, and previously documented endangered species habitats.
(2) An environmental survey shall be completed as part of the preliminary plat in accordance with § 153.48 above. Photographs representative of the properties features shall also be presented. The Planning Board, upon review of the environmental survey and findings that it is inaccurate or poorly done, may request the survey be redone by a professional environmental engineer.
(C) Steep terrain health protection.
(1) Purpose.
(a) The purpose and intent of this section is to regulate development in steep slope areas in order to preserve the public health, safety and general welfare of citizens, as well as preserve the unique character of the town.
(b) The town is unique in its topography because it has mountainous terrain, substantial rolling hillsides, as well as smaller foothills. There is a higher risk associated with storm water drainage and a greater need for stronger erosion control measures in the mountainous terrain and substantial rolling hillsides.
(c) This section is intended to promote environmentally sound site planning, as well as design practices that will significantly reduce risks associated with storm drainage, ground water contamination and improper disturbances in steep slope areas that cause erosion, structural failure of structures and roads and other hazards.
(d) Development in steep slope areas within the town has an impact on woody and herbaceous vegetation that provides a filtering effect that directly affects water quality for all residents.
(2) Objectives. The following objectives serve as guidelines to fulfill the purpose of this section:
(a) To protect life and property from potentially hazardous conditions particular to mountains and hillsides such as storm water runoff, erosion, slope failure and water contamination;
(b) To protect vegetation that serves to stabilize steep hillsides, retain moisture, prevent erosion and enhance the town's natural scenic beauty;
(c) To encourage innovative site design and planning in order for development to adapt to the natural terrain as well as be in harmony with the character of the area; and
(d) To encourage road design that follows the natural topography wherever possible in order to minimize erosion, slope failure and other hazards.
(3) Applicability and exemptions.
(a) Except as exempted below, this section shall apply to all lots having any slopes at 20% (five:one) or greater in a subdivision.
(b) Unless otherwise noted elsewhere, all subdivision regulations and applicable ordinances are in addition to those set forth in this section.
(c) On the effective date of this section, property being subdivided in phases and those contiguous properties having been purchased or under contract for purchase as a part of the same subdivision shall not be required to meet the applicability of this section if:
1. The entire tract of property to be subdivided is contiguous to an ongoing phase of a subdivision owned and developed by the same person or entity;
2. A master plan of the contiguous property phases is submitted for approval by the Planning Board no later than June 1, 2007. The master plan shall follow the requirements of § 153.32; and
3. The contiguous property was the legal property of the person or entity or under contract for purchase by the person or entity on or before June 1, 2007.
(4) Establishment of steep terrain area.
(a) Steep terrain areas shall be identified on all site plans by a surveyor licensed to practice in the state with accurate calculations as to the acreage within each individual lot having a slope of 20% or greater. See the slope description diagram below.
(b) The master plan or preliminary plat provided by the person or entity subdividiing said property shall include the calculations for review by the Administrator.
(c) The County GIS system shall be an additional resource for the Administrator's determination of acceptability.
(5) Regulated activity and authority.
(a) For any portion of the acreage with a 20% slope or greater, the slope area at or above 20% grade shall be counted at 50% of its area. For example, in an area where the minimum lot size is two acres:
1. A two-acre lot with one acre having a 20% or greater slope would be calculated as being one and one-half acres in area and would thus require additional acreage to meet the two-acre requirement; and
2. A lot of five acres with two acres having a 20% or greater slope would be calculated as being four acres in area and would therefore meet the ordinance requirement.
(b) A simple calculation method is to take the portion of property within the lot in question that has a slope of 20% or greater and divide it by two. The resulting sum plus the balance of the property having a slope less than 20% must equal at least the minimum lot required as described by the Zoning Ordinance.
1. Subdivisions subject to this section if choosing to light the streets, shall install light fixtures of a type to emit the light toward the ground below and should be constructed and placed in a manner as to cause the least emission of lumens toward surfaces other than those directly beneath the fixture.
2. Subdivisions subject to this section shall comply with those road specifications set forth in the current ordinance and use stabilizing techniques to strengthen banks of roadways within the subdivision.
a. The techniques include any of the following approved by an engineer: retaining walls of materials sufficient to enhance both the safety of the roadway and appearance; or appropriate hydro seeding to stabilize the surface to both enhance the safety of the roadway land appearance; or any other method approved by the Administrator.
b. Where the possibility of slope failure is deemed sufficiently likely by an engineer, the Administrator is authorized to require the construction of a "bench" road, where no part of the road is built on fill.
(D) Solid waste and soil safety.
(1) Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the District Health Department, a structural engineer and a soils expert determine that the land is suitable for the purpose proposed.
(2) Areas that have been used for domestic sludge application shall be required to have a soils test performed by a certified testing laboratory prior to the subdivision of land. The results of the soils test must confirm that the land is safe for the purposes proposed.
(Ord. passed 5-17-2007)