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The purpose of this chapter is to provide standards which permit development on hillside areas while conserving and promoting the public health, safety and general welfare by minimizing water run-off, soil erosion and other building and development problems unique to hillside development. Further, these regulations are designed to preserve, enhance and promote the appearance and resources of hillside areas and to retain the sense of image and identity that the hillside areas impart to the City and its residents. These regulations also recognize the unique and sensitive nature of the hillsides within the community and the need to specially address development thereon.
These regulations are designed to achieve, among others, the following objectives:
(a) To protect public and private property owners from damage to human life and safety and property damage that could potentially be caused by increased hillside instability.
(b) To assure access to properties within the Protected Hillside Area by emergency police and fire vehicles to protect persons and property.
(c) To preserve and protect the unique scenic resources in the Protected Hillside Area.
(d) To preserve and protect the valuable hydrologic systems, fragile hillsides and valuable flora and fauna in the Protected Hillside Area.
(e) To permit, subject to the best available technology, development in the Protected Hillside Area while conserving and promoting the public health, safety, convenience and general welfare by minimizing problems due to water runoff and soil erosion problems incurred in adjustment of the topography to meet developmental needs.
(f) To use the best accepted design, landscape architecture, architecture, civil engineering and hydrological engineering to preserve, enhance and promote the existing and future appearance and resources in Protected Hillside Areas.
(g) To preserve and enhance the natural beauty of Protected Hillside Areas by encouraging the maximum retention of natural topographical features such as drainage, swales, streams, slope ridge lines, rock outcropping, vistas from and of hillsides, trees and other natural plant formations and retain the sense of identity and image that the Protected Hillside Area now impart to the municipality.
(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)
As used in this chapter:
(a) “Cut” means a portion of land surface or areas from which the earth has been removed, or will be removed, by excavation; the depth below the original ground surface or excavating surface.
(b) “Develop” or “development” means construction of a building or structure, subdivision of land, or the grading, excavating, removing or destroying of any natural vegetation, or the removing any topsoil, unless otherwise excluded from the application of this chapter by the provisions of Section 1397.04(b).
(c) “Earth moving” means any excavating, cutting or filling, or any stockpiling thereof.
(d) “Erosion” means the general process whereby soils are detached and moved by the flow of surface or subsurface water, wind, ice and gravity.
(e) “Excavating” means removing of soil or other materials, by any means whatsoever, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
(f) “Fill” means depositing of soil, rock or other materials by other than natural means.
(g) “Finish grade” means the final grade or elevation of the ground surface after grading is completed.
(h) “Grade” means the degree of rise or descent of a sloping surface.
(i) “Grading” means any excavating, cutting, filling or stockpiling of land or earth, or any combination thereof, including the conditions resulting from any of the above.
(j) “Hillside area” and/or “Protected Hillside Area” includes land in all zoning districts in the Municipality with slopes having a natural gradient within the limits set forth in Exhibit A, following the text of this chapter and incorporated herein by reference.
(k) “Hillside control measures” means all of the planning work and control that are required and specified by this chapter.
(l) “Impervious surface” means roads, buildings, structures, tennis courts, roofs, driveways, sidewalks, pools, patios, pool decks, decks, parking lots and other similar surfaces.
(m) “Natural ground surface” means the ground surface in its original state before any grading, excavating or filling.
(n) “Natural vegetation” means plant materials which are indigenous to the area and exist on a site prior to any construction or earth-moving activity.
(o) “Owner/developer/builder” means an individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek development of land.
(p) “Run-off” means the part of precipitation which flows over land without filtering into the soil.
(q) “Undisturbed” means that portion of the parcel to be developed which will not be regraded, have any vegetation removed from it or have any impervious surface construction or cover as specified by this chapter.
(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)
(a) The City Engineer, in consultation with such other professionals as hydrological and geological engineers, botanists, biologists and landscape architects, as he or she may deem necessary, shall create a map identifying the Protected Hillside Areas. Said map shall be reviewed by the Planning and Zoning Commission and approved by City Council and shall become a part of this chapter. Copies of the Protected Hillside Area Map shall be made available for reference to property owners and the general public. Said Map shall be published as a convenient reference document and the information contained therein shall be believed to be accurate. However, the City shall not certify the accuracy of the Map and shall assume no liability or responsibility for discrepancies between the Map and the criteria for the Protected Hillside Area as set forth in Section 1397.03(b). Said Map shall become a guide only after it has been reviewed by the Planning and Zoning Commission and approved by legislation of Council, after public notice and hearing.
(b) Protected Hillside Areas shall be those lands within the City which are located within the designated Protected Hillside Areas as designated on the Protected Hillside Area Map or those lands outside the Protected Hillside Areas which contain one or more of the following characteristics:
(1) The lands have exhibited evidence of unstable soil conditions; or
(2) The lands have a natural gradient within the limits set forth in Exhibit A, following the text of this chapter.
(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)
(a) No person, whether as owner, developer, builder or occupant, shall make changes to any land located with a Protected Hillside Area by grading, excavating, removing or destroying any natural vegetation, or removing any topsoil, without first having obtained a permit authorizing such activity as provided herein.
(b) This chapter shall not be interpreted to prohibit normal landscaping, gardening, maintenance or routine arboreal activities or to prohibit small scale planting of ornamental flowers or shrubs or the removal of diseased, dead or damaged trees or trees which are a threat to the health and safety of the owner of the property. However, such activity shall be carried out in conformance with the standards of vegetation or revegetation of this chapter.
(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)
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