A.   This section is designed to ensure when development is proposed in those areas of the community which have physical characteristics limiting development (hillside slopes of twenty (20) percent or greater and/or certain soil and bedrock conditions) that said development shall occur in a manner harmonious with adjacent lands so as to minimize problems of drainage, erosion, earth movement, and natural hazards.
   B.   Areas of land on which development is physically restricted due to excessive hillside slopes shall be limited according to the following requirements, notwithstanding any other section of this or any other ordinance adopted by the City.
      1.    Review and approval by the City Engineer shall be required for:
         a.   All land areas identified in the Comprehensive Plan For Development, Newport, Kentucky, Environmental Constraints as having the following combination of soils and bedrock:
            (1)   Eden Soils on Slopes of twelve percent (12%) to thirty five percent (35%); and,
            (2)   Kope Formation Bedrock; and,
         b.   Any other areas, which have slopes of twenty percent (20%) or greater.
      2.   No excavation, removal or placement of any soil, foundation placement, or construction of buildings or structures of any nature within the area identified in (1) above, may occur until plans and specifications for such work have been submitted in the form of a development plan as regulated by Section 9.19 of this Ordinance. In addition to development plan requirements, the following shall also be submitted:
         a.   Plan(s) which show existing topography and the proposed physical changes necessary for construction, indicating grading (cutting and filling), compaction, erosion ponds, areas to be defoliated, and any other pertinent information which will change the natural physical features of the site or general area. The source of topographic information shall be indicated in the plan.
         b.    Subsurface investigation of the area under consideration, including test borings, laboratory tests, and engineering analysis shall be made by a qualified professional engineer of the appropriate discipline, (such as or including, but not limited to, geotechnical, structural, civil, materials, environmental, or utility engineers) indicating that the building and physical changes proposed in the area will be completed in a manner which will minimize hillside slippage or soil erosion.
      3.   The Development Plan, cut and fill permit, and other information required in Section 9.24 B. 2 of this Section of the Ordinance shall be reviewed by the City Engineer who will recommend to the Planning and Zoning Commission, or its duly authorized representative, what effect the proposed development will have on hillside slippage and soil erosion. After consideration of the recommendations of the City Engineer, the Planning and Zoning Commission, or its duly authorized representative, may grant a permit for use of the site in accordance with the submitted plans.
      4.   If, after review of the plans required by this section of the Ordinance, the Planning and Zoning Commission, or its duly authorized representative, determines that said proposed plans will not minimize hillside slippage, the Planning and Zoning Commission shall deny a permit for the development of said land and the site shall be limited to those open type uses, excluding structures, as permitted or conditionally permitted in the Conservation Zone.
(Am. Ord. O-2020-006, passed 3-10-2020)