(A) Land disturbing activity on slopes greater than 20% is permitted on lots existing prior to the effective date of this regulation and on lots created by minor plats submitted for review after the effective date of this regulation, only if the activity is in keeping with the Comprehensive Plan and the proposed activity complies with the following standards.
(1) The Planning Director finds that the design and configuration of the development results in the minimum disturbance of slopes greater than 20% necessary to accommodate the proposed use of the site.
(2) Compatible on-site utilities (electric, phone, cable) are placed in a common trench.
(3) Shared access driveways serving single-family residences are used when this technique reduces pavement and grading of steep areas.
(B) Land disturbing activities on slopes greater than 20% are permitted on lots created by major subdivision after the effective date of this regulation only if the activity is in keeping with the Comprehensive Plan and the proposed activity complies with the following standards.
(1) The Commission finds that the design and configuration of the development results in the minimum disturbance of slopes greater than 20% necessary to accommodate the proposed use of the site.
(2) Compatible on-site utilities (electric, phone, cable) are placed in a common trench.
(3) (a) Land disturbing activities on slopes greater than 20% and less than 30% shall be required to prepare a geotechnical survey report if the staff of the USDA Natural Resources Conservation Service determines such a study is warranted, given the site’s soil and geologic characteristics. A geotechnical report shall be submitted for land disturbing activities on slopes greater than 30%. The geotechnical survey report shall be submitted with the application for land disturbing activities and with the application for a plan review (preliminary subdivision plan, development plan, conditional use plan, and the like) required by this chapter and shall be prepared in accordance with best practices. 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. The report shall include mitigation measures as needed to ensure stability and minimize environmental impact during site preparation and construction phases of the regulated activity. In addition, the report shall include erosion and sediment control measures necessary to assure compliance with Chapter 156.
(b) The Planning Commission may approve the activity if the report opines and demonstrates that:
1. The slope’s ground surface and subsurface are not unstable;
2. Development of the slope and associated mitigation measures will not increase the degree of risk of slope instability both on-site and on adjacent lands; and
3. If a geotechnical report is required, 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.
(LDC § 4.7.5) Penalty, see § 155.999