Land disturbing activity on unstable soils (as depicted on Core Graphic 5) is permitted only in accordance with the Comprehensive Plan and in keeping with the following.
(A) The Planning Commission determines the proposed construction cannot be accommodated on a portion of the site that does not contain unstable soils.
(B) The application for the land disturbing activity includes a geotechnical survey report, prepared in accordance with best practices. For land disturbing activity in conjunction with a plan review (preliminary subdivision plan, development plan, conditional use plan, and the like) required by this chapter, a geotechnical report shall be submitted with the application for the required review. Such survey will ordinarily include information obtained by drilling, locating of bedrock, and testing of soils for shear strength. The report shall be prepared by a licensed and state-registered professional engineer, practicing in accordance with KRS 322, and whose area of expertise includes geotechnical engineering. In order for the proposed construction to be approved, the report must:
(1) Conclude the proposed disturbance and/or construction can be carried out in a manner that will minimize impact on the slope and will not adversely impact foundation stability on the subject property and surrounding properties;
(2) Conclude that stable foundations can be constructed on the site and identify the mitigation measures and construction practices, including construction supervision, necessary to assure the stability of buildings and foundations to be constructed on the site; and
(3) Include erosion and sediment control measures necessary to assure compliance with Chapter 156.
(C) The applicant provides a plan, acceptable to the Commission, that specifies how the mitigation measures and construction practices, including construction supervision, necessary to assure the stability of buildings and foundations to be constructed on the site as recommended in the geotechnical report will be implemented.
(D) Prior to requesting a full building permit, the applicant shall provide certification from a professional engineer, having the qualifications described in division (B) above, that site preparation and foundation construction were carried out in accordance with the approved mitigation measures and construction practices.
(E) Prior to requesting a certificate of occupancy for any structure on the site, the applicant shall provide certification from a geotechnical soils engineer certifying that land disturbance and construction were carried out in accordance with the mitigation measures and construction practices, including inspections, set forth in the geotechnical report.
(F) Prior to site disturbance, the applicant shall submit a bond of sufficient amount to cover the cost of site stabilization.
(LDC § 4.7.4) Penalty, see § 155.999