(A) If slopes of over 30% are present in areas that potentially may be affected by grading or construction of buildings, driveways, roads or vehicle parking areas, then the applicant shall submit a site plan that designates the maximum total portions of the lot that will be graded due to construction of a principal building(s), driveways, roads and vehicle parking areas. Note: In many cases, an applicant may be able to avoid the requirements of this section by restricting construction to the less steep portions of a lot.
(B) Based upon the site plan, a new principal building and/or vehicle parking areas shall only be permitted to be constructed on areas with a natural slope over 30% if all of the following requirements are met:
(1) The lot shall include a minimum lot area of 4 acres, except as provided by division (C) of this section;
(2) A maximum total of 2% of the lot area that exceeds 30% slope shall be covered by all buildings, paving and stone surfaces;
(3) The applicant shall establish to the satisfaction of the staff of the Garrett County Department of Planning and Land Development that there is no reasonable alternative to construction of buildings and/or parking areas upon the over 30% slopes that would still provide for a reasonable use of the lot;
(4) A grading plan shall be prepared by a qualified professional in a manner that holds grading of slopes over 25% to a reasonable minimum.
(5) No additional fill material shall be placed on steep slope areas.
(C) Grandfathering. This § 156.04 shall not apply to any lot of record less than 4 acres in gross area that existed prior to July 1, 1997, has not been further subdivided since that date, and meets all other requirements of this chapter.
(D) If the footprint of a new principal building(s) in addition to the area covered by driveways, roads and vehicle parking areas would affect a total of less than 200 square feet with a natural slope over 30%, then the requirements of this section shall not apply to the lot.
(E) Developers are encouraged, but not required, to direct development away from areas with natural slopes of 25 to 30%. The Cluster Housing options in County Subdivision Ordinance, Article 3 and the Deep Creek Lake Watershed Zoning Ordinance, Article 5 provide attractive incentives (including reduced lot sizes) that can help accomplish this objective.
(F) The slope provisions of this chapter shall apply to slopes that existed as of July 1, 1997. An applicant shall not regrade land prior to submitting an application in order to circumvent this chapter.
(G) Man-made slopes.
(1) Structures shall not be constructed or placed on slopes exceeding 30% grade that result from development activity.
(2) Steep slopes that resulted front development activity may be re-graded or altered in connection with redevelopment of a site in accordance with an approved site plan.
(Ord. —, passed 6-24-1997, eff. 7-1-1997; Am. Res. 2010-6, passed 5-25-2010)