§ 16-576. Hillside development standards.

(a)

Description and purpose.

(1)

Certain areas of the county are characterized by slope, vegetation, drainage, rock outcroppings, geologic conditions and other physical factors and which, if disturbed for proposes of development, can cause physical damage to public or private property, or both. Therefore, the development of such areas and adjacent land requires special care on the part of the public and private sectors.

(2)

The purpose of these regulations is to specify conditions for any type of development in areas where, due to topography, disturbance of the natural environment, or for other reasons, problems are created which are detrimental to the public health, safety and welfare. It is the intent of the regulations of this section to prevent physical damage to public and private property and to aid in the preservation of the natural heritage of the county. It is furthermore the purpose of this section to allow an appreciable degree of development flexibility to protect the environment of hillside areas. Specifically, the objectives of this section are to:

a.

Conserve the unique natural features and aesthetic qualities of the hillside areas;

b.

Provide safe and convenient access to hillside areas;

c.

Minimize water runoff and soil erosion problems incurred in adjustment of the terrain to meet development needs;

d.

Ensure type, distribution and densities of development which are compatible with the natural systems and terrain of the hillside areas;

e.

Ensure that the taxpayers of the county are not burdened by extraordinary costs for services attributable solely to the development of hillside areas.

(b)

Applicability of section provisions.

(1)

No building or structure may be erected, reconstructed or structurally altered on land which is designated on the zoning maps of the county as a hillside area, nor shall such land be subdivided, graded or otherwise disturbed for purposes of development, subdivision or any other purpose unless such construction, subdivision, disturbance or development is undertaken in accordance with the requirements set forth in this article and all other laws of the county.

(2)

Upon written request from a landowner or authorized representative, the community development director and the director of public works may exempt certain property from all or part of the requirements of this section if the subject property is not a characteristic hillside area as described in subsection (a)(1) of this section. The request shall clearly state the rationale for any exemptions and list all exemptions being sought. The directors of the community development and public works departments shall respond in writing to the applicant within 15 working days of receiving an exemption request.

(c)

Land suitability analysis.

(1)

A land suitability analysis shall be required as part of the justification for the proposed development of a hillside area. The analysis shall consist of an evaluation of all physical and environmental factors on the site so that type, density and distribution of development may be established in the most environmentally compatible manner that will minimize land disturbance, protect natural plant and animal communities, and minimize costs and liability to the county. The suitability analysis shall be prepared in conjunction with the sketch plan, and the sketch plan shall be clearly reflective of the analysis. Should any land in a designated hillside area not be planned, the suitability analysis shall be prepared in conjunction with the development plan. The development plan shall be clearly reflective of that analysis in terms of type, density and distribution of proposed development.

(2)

Should any land in a designated hillside area have an existing, approved sketch plan which was adopted without an approved suitability analysis, the landowner may at his option:

a.

Submit a land suitability analysis upon which the sketch plan was based;

b.

In lieu of a land suitability analysis, submit written or graphic material, or both, to the community development department addressing the physical and aesthetic factors of the hillside site and demonstrating how these factors influenced the type, distribution and density depicted by the sketch plan; or

c.

Prior to or at the time that the development plan is submitted, submit written or graphic material, or both, addressing the physical and aesthetic factors of the hillside site and demonstrating how these factors influence the project's design as shown on the development plan.

(d)

Development plan.

(1)

No subdivision plat shall be submitted until such time as a detailed development plan has been submitted and approved as set forth in this section. The development plan shall be a master schematic site plan which shows all phases of the development proposal including lots, streets, drainageways, recreation and open space, parking and proposed building site. The development plan shall be prepared in compliance with this article and shall contain all information required herein unless specifically exempted under subsection (b)(2) of this section.

(2)

Review and approval procedures. The development plan shall be processed in conformance with procedures set forth in section 16-152(c), site plan review criteria. Consideration and approval by the planning and zoning commission shall be in conformance with section 16-52.

(3)

Submittal requirements. In addition to the development plan submittal requirements listed in this article, the following information is required to accompany a development plan in a designated hillside area. The applicant shall not be required to depict actual construction on individual lots in single-family detached residential development. These exceptions shall not apply to zero lot line or single-family attached developments.

a.

Location of a general building area for each lot. This can also be shown by proposing preservation areas on lots where appropriate. Proposed access shall also be indicated (eee subsection (d)(3)f of this section);

b.

Location and species of vegetation (common names are acceptable) and an indication of vegetation to be removed;

c.

Location of rock outcroppings;

d.

A map of proposed road alignments identifying segments at grades of zero to four percent, four to eight percent and above. Centerline profiles shall be required for all road segments which exceed a grade of eight percent. Profiles may be required for segments with grades of less than eight percent if deemed necessary by the public works director;

e.

Where grading is to occur, plans showing the relationship of all cuts and fills to the existing topography and plans for the stabilization, restoration and control of erosion for disturbed areas as required by subsection (f) of this section. A letter of credit or bond shall be required in order to ensure proper restoration of disturbed areas in accordance with the approved erosion control/reclamation plan;

f.

The manner in which access will be provided or restricted due to topographic and other physical constraints, from the access road to each lot; and

g.

Where deviations from those standards contained in the county subdivision regulations are being proposed, a master facilities plan shall be required in accordance with subsection (e) of this section.

(4)

Criteria for review. In addition to development plan review criteria outlined in this article, criteria for review of a development plan in a designated hillside area shall also be as follows:

a.

Is terrain disturbance minimized?

b.

Is natural vegetation preserved and incorporated into the project design to the maximum possible extent?

c.

Have visual impacts upon off-site areas been avoided or reasonably mitigated? Mitigation measures which may be demonstrated on the development plan may include, but are not limited to:

1.

Alternative siting of structures so that there is a mountain or hillside backdrop to the structure from areas where the structure is visible;

2.

Use of existing vegetation to soften structural mass when building sites are located in highly visible areas;

3.

Use of supplementary native landscaping to soften structural mass when building sites are located in highly visible areas;

4.

Designation of special height restrictions for highly visible areas;

5.

Use of visually compatible stabilization measures for cuts and fills.

(5)

Amendments. All amendments to an approved development plan shall be processed in conformance with requirements and procedures set forth in this chapter.

(e)

Master facilities plan. To allow for design flexibility, a master facilities plan shall be required concurrent with the detailed development plan when deviations from county development standards as contained in this article are being proposed. Due to the unique and often fragile nature of hillside environs, certain variances from the hillside standards may be allowed if they will result in superior and more environmentally compatible design. The master facilities plan shall be used to demonstrate that the proposed deviations will not adversely affect the public health, safety or welfare, and shall specify how the unique natural features of the site will be protected through the careful placement of services.

(f)

Grading, erosion control and reclamation plan.

(1)

The primary objective of the grading, erosion control and reclamation plan is to minimize terrain disturbance and to restore and stabilize those areas which are disturbed. Plans for grading and control of erosion shall be submitted by the applicant with the development plan, development plan amendment, or replat, whichever is applicable, in any designated hillside area. No land so design shall be subdivided, graded, otherwise disturbed for purposes of development, or any other purpose until the plan for grading and erosion control is approved by the community development director and the public works director. The grading plan shall meet all the requirements of the public works department. In addition, the grading plan shall show all areas to be disturbed by grading and fill and shall show proposed final contours for these areas. The contour interval shall be two feet and the horizontal scale one inch equals 40 inches unless otherwise approved by the public works department. The erosion control and reclamation plan or program shall state in detail how each type of restoration situation will be dealt with, recognizing that different combinations of slope and material may require varied stabilization methods. No cleared, graded or otherwise disturbed land may be left without temporary protective stabilizing cover longer than three months or without permanent cover as described in the erosion control plan longer than nine months from the date of disturbance. All grading plans prepared and submitted under this section shall include measures for drainage and erosion control to be employed during construction. Such measures shall remain in place after construction has been completed until such time as temporary or permanent protective cover is applied. Whenever possible and wherever appropriate, erosion control and restoration shall incorporate the use of live native plant materials. Criteria for treatment shall include visual compatibility with the surrounding landscape, sustained survivability under arid conditions, and effectiveness in prevention of soil erosion and slope failure.

(2)

All grading plans prepared and submitted under this section shall include plans for limiting ecological damage through restrictions on the use of construction equipment and placement of supply and equipment storage areas.

(3)

Revisions of any approved grading plan shall be submitted to the community development department for review and shall be acted upon by the community development director and public works director within 15 working days of receipt.

(4)

A letter of credit or surety bond shall be required in order to ensure proper restoration of disturbed areas in accordance with the approved erosion control and reclamation plan. This letter or bond need not be submitted for the final plat to be approved, but shall be submitted prior to any land disturbance, including removal or alteration of vegetation, or prior to issuance of any building permit, whichever occurs first.

(g)

Issuance of building permits. No building permits shall be issued in any designated hillside area until such time as:

(1)

The final plat is recorded;

(2)

The surety bond or letter of credit is posted by the developer in accordance with subsection (f)(4) of this section; and

(3)

A plan for grading and erosion control for the individual lot is approved by the community development department. This plan shall consist of the following:

a.

Plot plan drawn to scale;

b.

Two-foot contours, existing and proposed;

c.

All existing vegetation and rock outcroppings;

d.

All areas of cut or fill, or both, including driveways;

e.

Erosion control/stabilization methods for cuts and fills; and

f.

Restrictions on equipment use and supply storage areas so that disturbances and ecological damage are minimized.

The community development department shall respond to this plan within 15 working days of receipt.

(h)

Restoration and maintenance.

(1)

Restoration. Unpermitted land disturbance or alteration. If any land disturbance or alteration including, but not limited to, grading or otherwise disturbing natural ground cover occurs in a hillside area which is not in accordance with the properly approved plans as required by this article, a stop order may be issued prohibiting all further activity until all required plans have been submitted and properly approved. The landowner shall have 45 days after such a stop order is issued to submit a plan for restoration pursuant to subsections (d) and (f) of this section. The community development director, with the concurrence of the public works director, may extend this time period for an additional 45 days for good cause shown. The community development director and public works director may also condition their approval of any restoration measures upon the applicant's supplying a satisfactory bond, letter of credit or other suitable guarantee for the performance of any proposed restoration. Such plan shall require that restoration commence within 30 days after the plan approval and proceed with due diligence to completion.

(2)

Maintenance.

a.

Obligation to maintain. All facilities, vegetation and other items required by the approved grading, erosion control and reclamation plan shall be properly maintained by the owners of the property. Such maintenance shall include, but not be limited to, keeping all erosion control facilities in good order and functional, repairing any erosion damage that occurs, keeping all vegetation healthy and in growing condition and replacing any dead vegetation as soon as practicable. This obligation to maintain shall not apply to individual lots except as the individual lots may be subject to maintenance obligations incurred under the approved grading, erosion control and reclamation plan and except for obligations incurred under subsection (g) of this section.

b.

Failure to maintain. If the public works director or the community development director determines the maintenance required under subsection (h)(2)a of this section has not been performed in the manner required, the community development director or the public works director with the concurrence of the other may give notice to the property owner specifying the maintenance determined to be required under this section. The community development director with the concurrence of the public works director may extend this 45 days for an additional 45-day period. If the maintenance specified in such notice is not satisfactorily performed within 45 days or an additional 45-day extension after delivery of this notice, the county may proceed with a formal notice and order to correct as set forth in subsection (h)(3) of this section.

(3)

Formal notice and order to correct; county performance of restoration and maintenance work. If the approval as required by subsection (h)(1) of this section has not been obtained within the time required or if work is not commenced within the time required or if maintenance required under subsection (h)(2) of this section has not commenced or concluded within the time required, or at any time prior to approval or commencement of such work that the public works director determines there is either imminent or existing erosion damage, drainage damage, dust pollution or other hazardous condition for which immediate action is necessary, the public works director may cause corrective proceedings to be undertaken and shall submit a notice and order to correct.

(i)

Appeals. Appeals of any administrative action under the provisions of this section shall be made in accordance with article XII of this chapter; provided, however, that whenever the public works director issues a notice and order to correct under the authority of subsection (h)(3) of this section, this section shall apply to any matters subject to this notice and order to correct.

(Ord. No. 85-210, § 3, 1994; Code 1985, § 17.34.070)