(A) Intent. This overlay district is established in an area inside and outside the municipal boundaries of the town where historic coal mining activities are presumed to have compromised the stability of the ground to an unknown extent. The intent of the overlay district is to allow most uses as permitted by the underlying zoning district, subject to additional requirements to ensure potential for subsidence and other development challenges resulting from the unknown geologic conditions associated with past mining activities are addressed prior to development of the land with structures and to prohibit uses that may cause dangers to public health and safety. The other requirements of the underlying district apply to the overlay district. The overlay district extends outside the jurisdiction of the town, but is shown on the zoning map to inform the landowners that upon annexation into the town, the overlay district would likely apply to the mapped overlay area and surrounding areas where subterranean coal shafts have been developed.
(B) Electrical utility stations and substations prohibited. To avoid potential ignition of gas emissions, electrical utility stations and substations are prohibited in this overlay district.
(C) Geotechnical analysis.
(1) Along with any zoning conformance permit application for structural development in this overlay district, the applicant shall submit a geotechnical analysis that addresses the past coal mining activities and potential subsidence, and demonstrates any dangers to public health and safety will be overcome with site-specific construction techniques.
(2) Such geotechnical analyses shall be prepared by a licensed engineer or other qualified professional.
(Ord. 329, passed 1-11-2016)