1111.02 TOPOGRAPHY AND NATURAL FEATURES.
Land developments shall be planned to preserve the topography of the land in order to utilize the natural contours and reduce the amount of grading and to minimize destruction of trees, wetlands and natural drainageways. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional elements in the neighborhoods. Detailed topographic maps and aerial photography shall be utilized in the land planning and subdivision process.
(a) Streets and Topography. Land which is relatively flat or of very gentle undulations shall be planned so that the streets follow the natural drainage courses and, insofar as possible, all building sites shall be above the street grade. On more irregular topography, streets should follow the ridges or be planned approximately parallel to contour lines and designed to avoid extensive cuts and fills.
(b) Natural Drainage. All developments, particularly of land of very gentle slopes, shall be designed to take advantage of natural contours so that all the land can be drained with the minimum of reshaping. Unless water courses or drainage ways are enclosed, the plan shall be adjusted so that rear lot lines or areas held as public or private common land shall be approximately parallel to the natural watercourse, and only where such a plan is not practical, may side lot lines be arranged parallel to an open drainage course. Easements for drainage ways and low-lying areas which are subject to flooding may be included as part of the lot but shall not be utilized as a building site. If a watercourse traverses the development at any point, the following language shall be inserted on the preliminary plan and final plat and signed by the property owner(s):
"WATERCOURSE ACCEPTANCE. It is understood and agreed that a watercourse traverses this subdivision and these properties may be subject to erosion and drainage problems as a result, and all property owners, their successors and assigns, by the acceptance hereof, hereby acknowledge the same, and assume the risk thereof, and agree to indemnify and hold the City of Independence harmless from any and all claims for erosion and drainage problems from said watercourse."
In addition, all deeds purporting to convey a parcel that is located partly or wholly in a floodplain area shall contain a statement in bold-face type setting forth that fact.
(c) Natural Features. Natural wooded areas, rock outcroppings, streams and other focal points within the site and distant views outside the subdivision shall be coordinated with the design to obtain natural variety and interest in each neighborhood and the most attractive building sites and views possible. Trees, topsoil and other natural resources shall be preserved and utilized in the development of the subdivision. Certain required dimensions may be adjusted to preserve such features when approved in accordance with the provisions of the Subdivision Code and the Zoning Code.
(d) Wetlands. All wetland areas characterized by hydrophytic vegetation, hydric soils, and wetland hydrology found within any development area shall be maintained to eliminate any further destruction of such wetlands area.
(e) Trees. A developer of an unimproved lot in any district shall submit with his preliminary plan application a photograph of the lot to be developed taken from the street and such other photographs or drawings as may be required to display the trees on the site. A site plan submitted with the application shall locate each tree with a trunk more than thirteen inches in circumference measured at a point thirty-six inches above ground level, and shall indicate those trees which the applicant requests permission to remove. The Planning Commission may require an adjustment to the site plan to prevent the unnecessary destruction of trees. No such trees other than those permitted to be removed may be removed during construction or thereafter outside of the area of actual construction, without the permission of the Planning Commission, unless the tree constitutes a nuisance by reason of disease or injury.
(Ord. 1991-18. Passed 5-12-92.)