It is recognized that certain areas in the city, due to environmental or geologic conditions, may pose problems providing safe development where such conditions are encountered on the land to be developed. These areas are defined and described as follows.
(A) Environmentally sensitive area. This term applies to any area which, due to its natural or physical setting, may have environmental problems with regard to their development. This is not to say that the land cannot be developed, but if it is determined that development can occur, then some safeguards such as detailed site planning will be necessary to overcome the physical limitation of the land. Lands in question shall include, but not be limited to, areas of poor soils, improper fill, wetlands, significant areas of tree stands, aquifer recharge areas, well-head protection areas, riparian areas, streams, creeks, lakes and other natural waterways.
(B) Geologic hazard areas.
(1) A geologic hazard area differs from an environmentally sensitive area in that the environmental problems are so numerous that development, even with severe limitations, would pose a severe problem to the immediate area or the surrounding areas. Examples of these areas are areas of excessive floodplain, areas that have clustering of sinkholes, areas of severe slope (over 20%) and areas that have potential collapse problems due to caves underneath the rock strata but close to the surface.
(2) Location of most of the environmentally sensitive and geologic hazard areas are shown in the Hardin County Soil Survey prepared by the U.S. Soil Conservation Service. Additional maps and other information regarding such areas are on file with the city.
(C) Procedures. The developer shall submit the following materials to the Department for any development involving an environmentally sensitive or geologic hazard area: an application, containing a general statement of development activity and mitigation plans; a development plan or subdivision plat as required by the zoning regulations, which shall locate and identify such areas. Additionally, the following materials may be required after initial review by the Department: engineering studies of sub- surface conditions, erosion and sedimentation control plans, drainage plans, soil analysis or grading plans.
(D) Standards. Whenever a development is proposed on land containing such areas the following requirements shall apply.
(1) Environmentally sensitive areas.
(a) All such areas shall be protected by special design measures taken by the developer to attempt to minimize the developments impact.
(b) Acceptable design measures are:
1. Non-disturbance of area;
2. Provisions of additional building setbacks (at a minimum, a 50-foot setback), so that site disturbance is minimal;
3. Provision of easements in such areas as may be appropriate, so that an open space area is provided;
4. Provision of storm water retention areas; and
5. Re-contouring and excavation of the area, only when an erosion control plan is approved by the Storm Water Management Department and when appropriate performance surety has been posted with the city.
(2) Geologic hazard areas. All such areas shall be protected by generously designing the development such that a geologic hazard area shall be left in its natural state as a permanent open space for a distance of 100 feet from such areas.
(E) Commission review. After review of the applications general statement and applicable plans, if the Department finds that questions remain concerning the developments impact on the environmentally sensitive area or the health and safety of future users of the area, the plan will be referred to the Commission for action. The Commission shall refuse to fully approve a plan or plat until it is satisfied that the hazards have been eliminated or adequate safeguards have been provided to ensure the least negative impact on the area.
(Ord. 06-2008, passed 6-16-2008, § 9.4)