[Added 11-17-2010 by Ord. No. 8-10]
Applicants for a grading permit and all applicants
for minor subdivision, preliminary major subdivision, or preliminary
major site plan approval with respect to property located in the R-1
and RR Zone Districts, shall demonstrate compliance with the provisions
of this section.
A.
Slope classifications. Land within the Township shall
be classified into the following slope classes:
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0% to 7.9%
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8% to 11.9%
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12% to 15.9%
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16% to 19.9%
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20% to 24.9%
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25% to 29.9%
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30% and greater
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B.
For classification purposes, slope areas shall be computed for the various slope categories in Subsection A above between two-foot or five-foot contours in accordance with § 225-90B(3) above. The percent of slope (rise in feet per one-hundred-foot horizontal run) shall be established by measurement of run perpendicular to the contours.
C.
No soil or vegetation shall be disturbed nor shall
any building or structure be erected, constructed or substantially
enlarged unless and until it can be demonstrated by information, plans
and other documentation furnished by an applicant that the requirements
of this article are met.
D.
Grading, clearing, and development restrictions.
(1)
No grading, clearing, or development shall be permitted in areas with slopes exceeding 25% except as provided in Subsection D(1)(a) and (b) below.
(a)
As necessary for roads, driveways, or utility
crossings.
(b)
When the grading is not associated with roads,
driveways or utility construction and the total graded area of the
land with slopes exceeding 25% is the lesser of 1% of the total lot
area or 1,500 square feet.
(c)
A subsurface sewage disposal system is not a
utility for the purposes of this section.
(2)
No grading shall be permitted within 20 feet of the
perimeter of a side or rear property line, except as necessary for
the construction of roads, driveways, sight distance requirements,
or the installation of utilities.
(3)
The area permitted to be graded on a lot shall be
computed in the following manner:
(a)
Calculate the land area proposed for grading
within each slope class on the site in square feet.
(b)
Multiply the land area proposed to be graded
in each slope class by the applicable slope adjustment factor listed
below. The result is the adjusted graded area.
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Slope Category
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Slope Adjustment Factor*
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|---|---|---|
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0% to 7.9%
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1.0
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8% to 11.9%
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1.5
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12% to 15.9%
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2.6
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16% to 19.9%
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3.8
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20% to 24.9%
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5.5
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25% to 29.9%
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7.5
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30% and greater
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8.6
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NOTES:
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|---|---|
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* The Slope Adjustment Factor is directly related
to the Topographic Factor (LS) expressed in the Universal Soil Loss
Equation developed by the Natural Resources Conservation Service,
U.S. Department of Agriculture.
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(4)
In no event shall the total adjusted graded area exceed
80% of the lot area.
(5)
If the total adjusted graded area proposed is in excess
of that allowed above, the applicant may investigate alternative lot
grading concepts including the use of retaining walls, innovative
building types that relate to slope conditions, or the relocation
of the proposed use within the site to avoid disturbance of steeply
sloping areas. No grading permit, subdivision, or site plan shall
be approved unless the applicant demonstrates compliance with the
provisions of this article.
E.
Special standards for development in sloping areas.
(1)
Wherever possible, roads and driveways shall be planned
to follow the natural terrain.
(2)
Whenever road, driveway or utility improvements are
proposed in areas containing slopes in excess of 25%, a landscape
plan for revegetating the disturbed areas after construction shall
accompany any application for minor subdivision approval, preliminary
subdivision or site plan approval, or if such approval is not required,
prior to the issuance of a grading permit.
(3)
All slopes of 25% or greater shall be protected from
disturbance except as permitted in this article.
(4)
A slope transition buffer strip of 25 feet in width
shall be established adjacent and parallel to all slopes of 25% or
greater. To the extent feasible, this area shall remain free of all
structures, parking areas, driveways or utility improvements except
as may be incidental to and approved pursuant to this article.
(5)
A slope area of 25% or greater or a slope transition area adjacent thereto which is a man-made or minor isolated topographic condition, may be disturbed in accordance with a grading plan approved pursuant to this article, provided that the disturbance will not result in significant modification to the drainage pattern of the area or the visual character of the property. Permanent changes to grades or clearing activities shall be limited in accordance with Subsection D(1) above.
