Sec. 28-104. Suitability of land.
   (a)   Where land to be subdivided is found by the zoning and planning board to be subject to the conditions of flooding, or improper drainage, or of severe erosion or slides, particularly on steep slopes or to have other characteristics which pose an ascertainable danger to health, safety or property, the subdivider shall take measures necessary to correct said conditions and to eliminate said dangers.
   (b)   It should, however, be noted that due to severe topographic conditions, inadequate road access, distance from services, sensitive natural areas, soils that do not easily support soil drainage systems, or the proximity to existing and incompatible land uses, all land may not be suited to be subdivided for the purpose of dense development.
   (c)   Steep slopes.
      (1)   No residential lot shall be created pursuant to this article unless the average slope of such lot is less than 30 percent or, in the alternative, unless such lot contains a building and grading envelope with an average slope of less than 30 percent.
      (2)   The preliminary plat shall demonstrate compliance with this subsection (c) in the following manner:
         a.   A note indicating the topographic survey confirms all lots in the proposed subdivision have average slopes of less than 30 percent;
         b.   A note, based on the topographic survey, identifying which lots have average slopes of 30 percent or greater and confirming that all other lots have average slopes of less than 30 percent; or
         c.   Lots with average slopes of 30 percent or greater shall have depicted thereon a building and grading envelope meeting the requirements of chapter 36, article XII.
      (3)   No development activities shall take place outside the bounds of any such building and grading envelope except as authorized by chapter 36, article XII.
      (4)   For the purpose of demonstrating compliance with this subsection (c), the formula contained in section 36-398(7) shall be used to determine slope.
(Code 1989, § 91.55; Ord. of 3-22-1994; Ord. of 10-10-2006; Ord. of 6-10-2008; Ord. of 11-18-2008)