§ 64-2404. Steep slopes.

(a)

Purpose. It is the purpose of this section to provide development regulations applicable to steep slopes to ensure that such development occurs in a manner that:

(1)

Protects the natural and topographic character of hillsides;

(2)

Prevents inappropriate development on steeply sloping sites and in geologically hazardous areas;

(3)

Protects fragile steep slopes and other environmental resources;

(4)

Preserves the aesthetic and scenic qualities of steep slopes;

(5)

Ensures the public health, safety, and general welfare.

The provisions of this section are intended to prevent developments that will erode steep slopes, result in sedimentation of lower slopes, cause damage from landslides or create potential for damage from landslides, flood downhill properties or result in the severe cutting of trees or the scarring of the landscape.

(b)

Compliance. No land to which this section applies shall hereafter be subdivided, cleared, developed or used, and no building or structure shall be constructed, placed, extended, converted or structurally altered, except in full compliance with the regulations of this section.

(c)

Definitions.

Buildable area means a contiguous area, excluding septic drain fields and driveways, for the placement of a building or structure and which meets the requirements of this ordinance and zoning/land use, subdivision and land development regulations of the city.

Steep slope means any slope equal to or greater than 33 percent as measured over any minimum run of ten feet. Steep slopes are determined based on contour intervals of two feet or less.

Table land means a land area having a relatively level surface considerably raised above adjoining land on at least one side.

(d)

Applicability.

(1)

This section shall apply to any development proposal for property with a natural slope of 33 percent or more with a minimum of 5,000 square feet or more of contiguous area.

(2)

This section shall apply, and the community development department and the public works department shall apply and enforce the provisions of this section, to the earliest application for development or building approval required of the applicant, whether that is an application for a land use petition, building permit, application for preliminary plat, or application for land disturbance permit.

(e)

Dispute of slope calculation. Whenever an applicant disputes a determination by the public works director as to the slope of the property, the applicant shall be entitled to submit a determination of the slope prepared by a registered land surveyor using standard surveying practices. Submission of the slope determination by a registered land surveyor shall be determinative and binding on the public works director and applicant.

(f)

Exemptions.

(1)

The following land uses or activities are exempt from the requirements of this section:

a.

Agriculture and forestry. Agriculture and forestry, provided that they are consistent with the best management practices established by the Georgia Forestry Commission or the Georgia Soil and Water Conservation Commission, consistent with all state and federal laws, and all applicable regulations promulgated by the Georgia Department of Agriculture.

b.

Landscape maintenance. Landscape maintenance activities, including the removal of diseased, dead or damaged trees; provided, however, that such activities shall be carried out in conformance with applicable regulations.

c.

Prior development plan approval. Any land, or part of any land, which was contained in or subject to any development plan, and which was filed with the community development director and approved by the city prior to the effective date of this section.

d.

Additions to single-family residences. On legal lots of record with existing residences that were approved prior to the effective date of this section, said existing residences may be expanded without demonstrating compliance with this section, provided that the height of the building addition does not exceed the existing height of the building, no land disturbance is required to accomplish the building addition in excess of 5,000 square feet in area, and the building addition is in conformity with the purposes and intent and consistent with regulations and guidelines of this section as determined by the community development director.

(g)

Grading and land disturbance.

(1)

General grading provisions.

a.

All grading, retaining wall design, drainage and erosion control plans for development subject to this section shall be designed by a design professional of record.

b.

No grading, filling, clearing or excavation of any kind in excess of 5,000 square feet in area shall be initiated on property subject to this section until a grading plan is approved and a land disturbance permit is obtained from the community development director.

c.

Projects subject to this section involving more than one use or phase should be phased into workable units in a way that minimizes the amount of soil disturbance at any given point in time.

(h)

Cut slopes. No cuts shall be permitted solely for the purpose of obtaining fill.

(i)

Fill slopes. Fill slopes should not exceed a total vertical height of 20 feet, as measured on a vertical plane from the high point of the cut or fill to the bottom-most point. The toe of any fill slope area not utilizing an engineered retaining structure should be a minimum of six feet from any property line.

(j)

Retaining walls.

(1)

Retaining walls and other structures that are necessary for slope stabilization may be constructed within the area required for stabilization within the development if approved by the community development director with the following standards:

a.

Retaining walls shall not be used to increase table land.

b.

Retaining walls shall comply with section 64-2403 of this article.

(k)

Clearing and improvement limits on steep slopes. All lots shall contain a building envelope with a natural slope of 33 percent or less and shall meet the lot size minimum based on slope as provided in this subsection below. Existing parcels without adequate buildable area less than or equal to 33 percent cannot be subdivided but shall be considered buildable for one unit. Subdivision of land, land disturbance, and development of lands that are subject to this ordinance shall meet the requirements shown below:

Average Slope of Lot To Be Developed (%)	Minimum Lot Size of Any Lot (acres)	Minimum Percent of Lot that Must Remain Undisturbed (%)	Maximum Percent of Lot that May Be Disturbed (%)	Maximum Percent of Lot that May Be Impervious Surface (%)
33—39%	1.5	50%	50%	20%
40% or more	2.0	60%	40%	15%

 

(l)

Revegetation.

(1)

Plan required. Revegetation according to a planting plan approved by the community development director shall be required for all disturbed areas outside of roadways, driveways, building sites and minimal yard areas.

(2)

Installation. When revegetation is required, all required revegetation shall be installed prior to approval by the community development director to occupy the activity, development or building.

(m)

Drainage. Stormwater facilities are not permitted in areas with slopes exceeding 50 percent.

(n)

Roads. No new street shall be constructed on lands equal to or greater than 35 percent slope; provided, however, that a portion of a street on land equal to or greater than 35 percent slope may be constructed if it does not exceed a length of 100 feet.

(o)

Building requirements and guidelines.

(1)

Building pads. Building pads on property subject to this section shall be of minimum size to accommodate the structure and the minimal amount of yard space required by the zoning ordinance. Building pads on property subject to this ordinance are expressly prohibited from including excessive clearing for such development as tennis courts, swimming pools and large lawns.

(2)

Foundations. All buildings and structures on lands with slopes of 33 percent or greater shall have foundations which have been designed by a design professional of record.

(p)

Variance. If an applicant asserts that application of this ordinance would deny the reasonable use of property, the applicant may apply for a variance. A variance is intended to provide a remedy to address those cases in which the application of this ordinance unreasonably restricts all economic use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions. A variance to the provisions of this section may be considered in accordance with article X of chapter 64 of the city Code.

( Ord. No. 17-03-302 , § 1, 3-6-2017)