(A) General. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure 10.1.
Figure 10.1: Setback Requirements
(B) Top of cut slope. The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the vertical height of cut with a minimum set back distance of 2 feet unless approved in writing by the adjoining property owner. The setback may need to be increased for any required interceptor drains.
(C) Toe of fill slope. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of set back distance of 2 feet and unless approved in writing by the adjoining property owner. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the Town Engineer deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:
(1) Additional setback distance;
(2) Provisions for retaining or slough walls;
(3) Mechanical or chemical treatment of the fill slope surface to minimize erosion; or
(4) Provisions for the control of surface waters.
(D) Modification of slope location. The Town Engineer may approve alternate setbacks. The Town Engineer may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied.
(Res. 1637, passed 2-28-02; Am. Ord. 782, passed 6-3-10; Am. Res. 2871, passed 9-17-15; Am. Ord. 872, passed 9-17-15)