(a) A person commits an offense if, within the escarpment zone, he:
(1) removes or injures any tree or vegetation; or
(2) alters the physical condition of the land in any way. Examples of alterations to the physical condition of the land include, but are not limited to dumping, excavation, storage, and filling.
(b) It is a defense to prosecution under Subsection (a) that the act was:
(1) the construction of a public improvement authorized by the city and performed in accordance with the requirements of this division; or
(2) the modification of a single family or duplex structure existing on the date of passage of this ordinance, and the modification did not:
(A) change the use of the structure;
(B) cause the size of the structure to exceed by 50 percent or more the size of the structure as it existed on the date of passage of this ordinance; or
(C) cause the market value of the structure to exceed by 50 percent or more the market value of the structure as it existed on the date of passage of this ordinance.
(c) The construction of public improvements in the escarpment zone requires an escarpment permit. The performance standards for development in a geologically similar area apply to the construction of public improvements in the escarpment zone. (Ord. Nos. 19455; 26000)