A. This section is designed to ensure, when development is proposed in those areas of the community which have physical characteristics limiting development (hillside slopes of 20% or greater) that said development will occur in a manner harmonious with adjacent lands so as to minimize problems of drainage, erosion, earth movement, and other natural hazards.
B. Areas of land on which development is physically restricted due to excessive hillside slopes shall be limited according to the following requirements:
1. Development proposed on land areas identified on the Comprehensive Plan as physically restrictive development areas and any other areas, which have slopes of 20% or greater shall require approval before development may occur. In those areas which are identified in the Comprehensive Plan as physically restrictive development areas and containing slopes less than 20%, the requirements contained herein may be waived; if, after review of the proposed site plan by the engineer it is determined that the development will not result in hillside slippage or soil erosion.
2. No excavation, removal, or placement of any soil, foundation placement, or construction of buildings or structures of any nature within the area identified in B.1. above, may occur until plan specifications for such work have been submitted in the form of a site plan as regulated by § 9.19. In addition to site plan requirements, the following shall also be submitted:
a. Plans which show existing topography and the proposed physical changes necessary for construction, indicating grading (cutting and filling) compaction, erosion ponds, areas to be defoliated, and any other pertinent information which will change the natural physical features of the site or general area.
b. Information defining results of subsurface investigation of the area under consideration, including test borings, laboratory tests, engineering tests, and a geological analysis. The investigation shall be made by a qualified registered civil engineer and a geologist, indicating that any structural or physical changes proposed in the area will be completed in manner which will minimize hillside slippage or soil erosion.
3. The site plan and other information required in § 9.19 shall be reviewed by the engineer and the Northern Kentucky Area Planning Commission staff, who will recommend to the Planning Commission, or its duly authorized representative, what effect the proposed development will have on hillside slippage and soil erosion After consideration of the recommendation, the Planning Commission, or its duly authorized representative, may authorize use of the site in accordance with the submitted plans.
4. If, after review of the plans required by this section, the Planning Commission, or its duly authorized representative, determines that the proposed plans will not minimize hillside slippage, the Planning Commission shall deny a permit for the development of the land.
(Ord. 2017-6, passed 4-4-17)