hillsides and ridges study

SEVIER COUNTY, TENNESSEE
AND MUNICIPALITIES –
HILLSIDES AND RIDGES STUDY
EMERGING CONCEPTS REPORT
July 2007
Landscape Architects, Architects,
Engineers and Planners, P.C.
Hillsides and Ridges Study – Emerging Concepts
Sevier County and Municipalities Hillsides and Ridges Study –
Emerging Concepts Report
SECTION 1 – INTRODUCTION
SECTION 2 – EMERING CONCEPTS
> Guiding Principles
> Protection Districts Recommended
> Recommended Concepts
APPENDICES
A. Hillside Overlay District Map
B. Critical Slope Floating Zoning Map
C. Summary of Public and Stakeholder Meeting Comments
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Section 1. Introduction
Introduction:
In early 2007, Sevier County and its municipalities undertook an import initiative to develop and
examine a set of recommendations for the effective management of hillside development. As part
of this effort, the client communities have retained Saratoga Associates to facilitate the
recommendation process and to elicit pubic comments. The client communities consist of Sevier
County and the Cities of Sevierville, Pigeon Forge, Gatlinburg, and Pittman Center. In early
June, Saratoga Associates conducted multiple field visits and held several meetings, all well
attended. Meetings were held with a broad range of stakeholders and the public at large.
Comments from both stakeholders and the public indicate clearly a need for additional
protections, oversight, and standards for hillside development. The intensity of this sentiment
was nearly unanimous.
The stakeholder meeting was designed as a kick-off meeting where participants could share their
concerns in detail and to hear the concerns of others. It was designed especially to bring together
a diverse range of perspectives, including professional designers, conservationists, local
residents; property rights interests, local officials, natural resource managers, contractors, and the
National Park Service. Invitations to attend were selected by planning officials from Sevier
County and each municipality within the county. Over 50 offers to participate were extended.
Nearly 40 individuals attended. The list of invitees has been made available for public review.
The public meeting was designed as a parallel process to gather comments from the public at
large and whom may not have had the opportunity to speak at the Stakeholder meeting. During
the public meeting, the offer was extended to include additional participants in the stakeholder
meeting who felt their views were not adequately represented.
Comments from both the public and stakeholder meetings were compiled and are available for
review in Appendix A and B of this report respectively. Public comments were sorted into four
generalized categories: 1.) municipal planning & development patterns; 2.) Public health and
safety; 3.) Visual impacts,; and 4.) Miscellaneous.
In addition to these public forums, a ‘working committee’ was developed which consists of
planning officials from each client community. This group has provided ongoing and important
guidance regarding existing municipal rules. They have also reviewed the range of public
comments made and feel that this format provides a practical way to address specific public
concerns and to develop recommendations that are effective.
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The Emerging Concepts Draft Report outlines a preliminary set of recommendations for
effective hillside management in Sevier County and its communities. The ideas and
recommendations found in this report are intended to reflect the comments received to date. This
report seeks to share our findings with the public and to begin a discussion on specific methods
for protecting the region’s bottom line: protecting public health and safety, promoting thoughtful
hillside development, and preserving the region’s irreplaceable hillside resources. It is important
to emphasize here that the recommendations are in an early stage and offer only a ‘sketch.’
Public feedback at this point is critical in order to refine the Emerging Concepts into final
recommendations for implementation.
As a citizen of Sevier County or its municipalities, please take a moment to examine the
ideas discussed in this report.
In order to gather feedback on this report, a series of meetings for stakeholders and the public
have been planned for early July. During these meetings Saratoga Associates will be available to
answer any questions to the best of their ability and to receive stakeholder and public comments
on the ideas discussed (or omitted) in this report. Comments from these meetings will be used to
refine both the direction and the substance of the recommendations, which will be presented
again in mid-August.
The report opens by discussing four ‘guiding principles’ that should govern the eventual creation
of standards for hillside development and their protection.
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Section 2 – Emerging Concepts
Guiding Principles
> No Project shall result in an undue adverse impact on the region’s significant and unique
natural and scenic resources.
> “Visually subordinate” shall be the standard for assessing visual impacts of proposed
development within scenic regions.
> Density shall decrease as slopes increase.
> Project approval shall take into consideration both adverse and positive impacts, but at
no time shall a Project result in an undue adverse impact on the region’s significant and
unique natural and scenic resources.
Protection Districts Recommended
The following is a general introduction of the two proposed Protection Districts, the Hillside
Overlay District and the Critical Slope Floating Zone.
> The Hillside Overlay District
The Hillside Overlay District (HOD) is designed to provide heightened standards for the
protection of the region’s most significant and unique natural and scenic resources. The HOD
is envisioned to encompass designated portions of Sevier County and its communities where
irreplaceable natural and scenic assets are a community-wide resource and concern.
> The Critical Slope Floating Zone
The Critical Slope Floating Zone (CSFZ) is designed to protect critical natural resources and
the public health and welfare by providing heightened standards for development on steep
slopes. All new development within the CSFZ shall demonstrate that all undue adverse
impacts are sufficiently mitigated to the maximum extent practicable.
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> Applicability
The application of standards will depend on a project site’s location, and may be subject to
either or both sets of standards. It is envisioned that project review and approval will be
performed concurrently.
Recommended Concepts
A. Establish Hillside Overlay Districts and Regulations for each community and the
County.
Hillside Overlay District (HOD). An overlay district is a planning tool that requires specific
standards be applied in addition to the requirements of the underlying zoning district. The intent
of the HOD is to provide development standards that protect the regions significant and unique
environmental and scenic resources. The standards are provided as recommendations contained
in this report. The HOD will consist of lands where two criteria overlap: A.) The project site is
visible from a Scenic and Landscape Resource of Significance and B.) The project site is located
above the following elevations: (see Appendix A elevation map):
>
>
>
>
>
Pittman Center = Over 1,400 ft. AMSL
Sevierville = Over 1,000 ft. AMSL
Pigeon Forge = Over 1,500 ft. AMSL
Gatlinburg = Over 1,400 ft. AMSL
Sevier County = Over 1,500 ft. AMSL
Scenic and Landscape Resources of Significance (SLRS) shall include but not be limited to the
following:
> Public recreation areas including parks, hiking trails, community greenways and
scenic navigable waterbodies;
> Designated segments of State and local ‘Scenic’ highways, byways, Parkways or
other travel corridors identified that provide views of scenic landscapes;
> Buildings and sites listed on the National Register of Historic Places;
> Views of the Great Smoky Mountains National Park from any of the above locations;
and
> Views from designated points within the Great Smoky Mountains National Park.
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1. HOD Applicable standards
a. No new land use and development or new subdivision of land proposed within
an HOD shall be permitted without a demonstration of no undue adverse
impact on the designated SLRS of the City/County.
b. For a Project subject to the jurisdiction of the HOD, the City/County
reviewing body shall issue a Statement of Finding indicating whether or not
the project will have an undue adverse impact on one or more designated
SLRS of the City/County based on a comprehensive impact study; other
materials submitted to the municipal reviewing authority by any person,
including the applicant, state agencies, nonprofit organizations and members
of the public; and the testimony received during any required public
hearing(s).
c. The City/County reviewing authority cannot issue any permit or approval
allowing for the construction of a jurisdictional project unless and until it has
determined that the proposed Project will not result in an undue adverse
impact on one or more designated SLRS.
d. All identified potential adverse impacts on one or more designated SLRS shall
be mitigated to the maximum extent practical.
e. New Development Shall be ‘Visually Subordinate.’
i.
Development shall be Visually Subordinate. The guiding principle for
assessing the visual impacts of new hillside construction and development
shall be “visually subordinate.” The intent of this standard is not to require
the complete screening of all new development on hillsides. The principle
of visually subordinate recognizes that any development will be visible if
sought out by the viewer, but that hillside development will not be the
most defining or memorable image of the hillside. Visually Subordinate
development shall preserve unique visual resources and the natural
harmony of landscape patterns formed by uninterrupted forests, ridgelines,
hillsides, and ravines (Refer to the Figure 1 below). The standards and
practices discussed in this report “Visually Subordinate” shall be defined
in part by applicable visual impact mitigation practices and standards and
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overall visual character of terrain surrounding the Great Smoky Mountains
National Park.
Figure 1 Visual Subordinate
A
B
C
D
Images B and C illustrate the principle of Visually Subordinate: The building is visible, but not a defining
feature of the landscape. Image A (Visual Preservation) and Image D (Visual Dominance) illustrate two ends of
the visual impact spectrum.
f. Siting/LandformingMitigating Visual Impacts
i.
Setdowns from
Ridgelines. Units shall
not project above
significant ridgelines.
No units shall be built
on ridges.
ii. Forest canopy of
ridgeline should be
thick, natural, and
unbroken.
iii. Major ridgelines are
skyline ridges (sky is
background).
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Figure 2 Ridgelines
Avoid
Promote
In the top image, homes are constructed on the
ridge, where they will be highly visible and
severely diminish the visual integrity of the
ridgeline and natural aesthetics. The bottom image
protects the ridgeline and the vegetation around
the crest of the ridge. Homes are recessed into the
hillside and built below the tree crowns.
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iv.
Minor ridgelines are prominent, non-skyline ridges (hillside is
background).
v.
Minor and Major Ridgelines are ridgelines visible from SLRS.
vi.
Set into hillside. Step buildings into the side of the hill, avoid pushing
units up and out, away from the hillside. Avoid perching on highpoints,
outcroppings or prominent knolls. Encourage split development pads,
‘stair-stepping.’ Orient length of structures along, not across, the
topography.
vii. Retaining walls. Retaining walls shall be designed and constructed parallel
to pre-disturbance slopes.
Figure 2 Retaining Walls
Promote
Avoid
The image on the left illustrates an ideal landforming design for hillside grading. The image on the right
illustrates how inappropriate grading practices can exaggerate visual impacts.
viii. Cut & Fill. Contour landscaping shall be required to the greatest extent
practical. Contour grading results in rounded edges and slopes, both
vertically and laterally, and allows for the gradual blending of artificial
and natural surfaces which may help to reduce the visual impacts of
hillside grading.
Roads and Driveways. Roadways and driveways shall be constructed
following the natural topography and not across. The footprint of roads
shall be limited to the maximum extent practical.
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Figure 3 Driveways
Promote
Avoid
g. Design Standards- Materials/Orientation.
i.
Lighting. Use shielded, downcast (45 degrees) lighting in functional areas
only. Flood lights shall be motion activitated. No lighting above the eaves
or parapets. No landscape lighting or continuous lighting over 75 watts.
Limit subdivision street lighting to intersections.
ii.
Color. On building faces visible from SLRS. Use exterior (roofing, siding,
fascia, window treatments) building materials with muted, dark earth
tones. Avoid unbroken expanses of color- create variety in tones through
the use of other colors. Avoid white.
iii. Massing/articulation. Walls/Rooflines - Avoid continuous rooflines over
40 feet in length. Use smaller roof components that imitate the natural
slope of the terrain. Major rooflines should parallel the topography of the
hillside.
iv.
Building and Retaining Walls. Reduce the visual scale of the
building/retaining wall. Avoid uniform/blank massing or surfaces.
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v.
Terrace retaining walls/constructed slopes. Retaining walls shall be
finished using materials of a color and texture that are similar to local
natural conditions. Shorter walls should be staggered/terraced to the
maximum extent practical in place of one larger wall to allow for the
planting of vegetation that will provide screening of the slope cuts. See
Figure 4 Terracing.
Figure 4 Terracing
h. Reflectivity. Windows: Non-mirrored, tinted, and low-reflectivity glass shall
be used where practical for all windows visible from a SLRS. Avoid
uninterrupted expanses of windows. Use overhangs, eaves, porches and patios
to shade windows. Limit uses of reflective material for roofing, fascia, and
soffits.
i. Signage. No signage within a HOD shall be visible from a SLRS.
j. Screening and Landscaping Requirements.
i.
The intent of the following measures is to avoid development that
dominates the viewshed and unnecessarily draws a viewer’s attention to
the development and away from the undeveloped hillsides and ridgelines.
As stated previously, the intent of these rules is to require development
within the HOD to be visually subordinate. See Figure 1 “Visually
Subordinate.”
ii. Without additional review and approval, no vegetation removal shall be
permitted except vegetation required to be removed from the proposed
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road right-of-way and a maximum of 40 ft. from each side of a proposed
primary and secondary structure (the building envelope) while only a
maximum of 25 ft. from the downhill side of the proposed structure. Refer
to Figure 5 “Clearing Prescription.”
Figure 5 Clearing Prescription
iii. After construction is complete and compliance with the cutting restrictions
listed above have been verified, a vegetative cutting plan can be submitted
for review and approval of any additional cutting. Regardless of the
submission of a vegetative cutting plan, the following additional cutting
standards shall apply.
iv.
Down slope buffer area: In order to develop a view, additional trees and
natural shrubbery may be removed beyond the down-slope boundary of
the building envelope by the following standard.
> Trees less than 6 inches diameter at breast height (dbh) may be
removed beyond the building envelope until the tops of the trees
remaining are at or above the level of the downslope building
envelope for a width not to exceed twenty-five (25) ft. and
extending outward therefrom at an angle of forty-five (45) degrees
or less on both sides. One twenty-five foot opening may be at any
point along the down-slope boundary. Refer to Figure 5 “Clearing
Prescription.”
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v.
Roadways and Utilities: In the development of roads and/or clearing of
utility easements, removal of trees shall be only to the maximum extent
practical.
vi.
Perimeter Buffer Area: In subdivisions and in the development of building
lots, a minimum buffer area of thirty (30) feet wide between the building
envelope and property lines shall remain undisturbed except for driveways
and utility lines. The specific intent of this requirement is that there shall
be no continuous strip clearing along contiguous lots.
k. Mitigation Procedures.
i.
Mitigation. When the existing vegetation does not allow the screening of
the proposed structures from any SLRS. A mix of vegetation matching
both in species and density, indigenous to the area and within good soil
shall be planted such that, within two years, they can reasonably be
expected to screen all new proposed buildings from SLRS. All planted
vegetation shall be no smaller that four (4) inches DBH and no less than
ten (10) feet in height at the time of planting. All vegetation shall be
planted in a manner representative of surrounding conditions and shall not
have the appearance of a suburban style hedgerow.
ii. Mitigation when the proposed structure cannot be fully screened from any
SLRS by the planting of additional vegetation. When the use of additional
vegetation will not create a 75% screen of proposed structures, the
applicant shall be required to utilize each of the following mitigation
strategies shall be incorporated to the maximum extent practicable: design
and siting, screening, relocation, camouflage, low profile, downsizing,
alternate technologies, non-specular materials, lighting, and
maintenance/decommissioning.
iii.
The use of earth berms not in character with the immediate natural
surroundings to screen a structure shall be prohibited.
l. Definitions
i. New Land Use and Development: Means any land use or development
that is not a preexisting use.
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ii. New Subdivision of Land: Means any subdivision of land that is not a
preexisting subdivision.
iii. Adverse: Means a negative impact on an identified resource.
iv. Undue Adverse: Means that a jurisdictional project will result in an
adverse impact that cannot be mitigated to the maximum extent practical.
v. Maximum Extent Practical: The use of all available mitigation measures
within reason given the scale and scope of the Project.
B. Establish Critical Slopes Floating Zones and Regulations
A floating zone is ‘grounded’ when a “proposed area of disturbance” meets one or more
specific criteria. The intent of the Critical Slopes Floating Zone of “CSFZ” is to provide
standards that promote safe and environmentally sound development. All land having slopes
in excess of 15% shall fall within the CSFZ. All new land use and development and all new
subdivisions proposed on lands in excess of 15% shall be required to comply with the
requirements of the CSFZ. The criteria for the Floating Zone will be based on the slope of
the “proposed area of disturbance.” Refer to Appendix B – Sevier County Slope Map.
The purpose of the CSFZ is to minimize the affects of development on steep slopes by
properly managing disturbance. This is accomplished by limiting the density and intensity of
development on steep slopes, retaining vegetation, and implementation of erosion and
sediment control plans. The CSFZ seeks to regulate the intensity of use in areas of steeply
sloping terrain in order to limit soil loss, erosion, excessive storm water runoff, the
degradation of surface water and to maintain the natural topography and drainage patterns of
land. Moderately sloping lands (15 to 25 percent) and steeply sloping lands (over 25 percent)
are prone to severe erosion if disturbed. Erosion and the resulting overland flow of soil
sediments into streams, ponds and public roads, are detrimental to water quality and aquatic
life, and a potential hazard to public safety.
1. Applicable Standards
a.
No new land use and development or new subdivision of land proposed
within the SSFZ shall be permitted without a demonstration of no undue
adverse impact on the CSFZ Environmental resources of the City/County.
b.
The City/County reviewing authority shall issue a finding of whether the
jurisdictional project will likely have undue adverse impact or no undue
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adverse impact on the CSFZ Environmental Resources (see (c) below) of the
City/County based on a comprehensive impact study required by the
Applicant; other materials submitted to the municipal reviewing authority by
any person, including the applicant, state agencies, nonprofit organizations
and members of the public; and the testimony received during any required
public hearing. The City/County reviewing authority may issue the permit
for the jurisdictional project only if it determines that there is likely to be no
undue adverse impact.
c.
d.
All identified potential impacts on CSFZ Environmental Resources shall be
mitigated to the maximum extent practicable.
SSFZ Environmental Resources:
i. Surface Soils and Geology
ii. Water Resources
iii. Air Resources
iv. Terrestrial and Aquatic Ecology
v. Transportation
vi. Land Use and Zoning
vii. Water Supply
viii. Sewage Treatment
ix. Utilities
x. Solid Waste Disposal
xi. Community Services
> Police Protection
> Fire and EMS
e.
Each community should maintain a Slope Map that would allow Applicants
and Planning Staff to determine (initially) if a project is proposed on land
having slopes in excess of 15%.
f.
Applicants proposing projects on slopes in excess of 15%, shall be required
to provide a topographic survey showing contours at 2 ft. intervals.
g.
Communities may allow Applicants to map two-foot contours in the area of
proposed disturbance while locations of proposed disturbance areas could be
mapped at 5-10 ft. contours.
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h.
The Applicants shall then be required to conduct a slope analysis, identifying
slopes in the following categories or a variation of these categories:
> 0-15
> 15.1-25
> 25.1-40
> 40.1-60
> +60
i.
Slope Calculation. Applicants shall be required to utilize industry-accepted
computer-aided-design software to calculate slopes in the above-listed
categories.
j.
Cut and Fill Standards
i. Finished Artificial slopes. Finished artificial slopes (cut & fill) shall have a
grade no greater than 2:1 (200%, 63 degrees). Each cut or fill area
exceeding a rise of 15 feet shall be terraced. Terracing shall be designed
and constructed to create ‘natural’ contours and to avoid overall uniformity
in either slope, rise, or bench depth. Benches shall be suitable for the
permanent establishment of trees. Runoff shall be conveyed or detained in
a manner that will not destabilize or erode artificial or natural slopes.
ii. Retaining Walls and Terracing. No retaining wall shall exceed a rise of
more than 15 feet. No more than three retaining walls shall be constructed
over a vertical rise of 45 feet. Benches between staggered retaining walls
shall not be less than 5 feet in depth. Benches shall be suitable for the
permanent establishment trees. Runoff shall be conveyed or detained in a
manner that will not destabilize or erode artificial or natural slopes
iii. Slope design/compaction. Slopes shall be designed and prepared with
materials/practices/standards that are in conformance with conventional
professional standards and certified by a State of Tennessee Licensed
Engineer to ensure a high degree of stability and public safety.
iv. Disposal of cut material. Disposal of cut material, if on site, shall be away
from ravines and setback sufficiently from property lines to avoid adverse
impacts on neighboring properties.
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v. Mass Grading Prohibited. Mass grading of hilltops, ridges, and ravines
shall be prohibited.
k.
Site Access/ Road Design
i. Public and Private Roadways. Maximum grade permitted: 15%. Roads
over 12% shall not be allowed to run more than 200 linear feet.
ii. Driveways. Maximum grade Permitted: 25%. Within 50 feet of
public/private road, driveway slopes shall be at a grade sufficient to allow
for safe ingress and egress.
iii. The use of shared driveways to limit cuts and disturbances shall be
promoted. No more than 2 residences per shared driveway allowed.
iv. Switchbacks. Switchbacks shall be avoided. If proposed, the applicant shall
demonstrate that no other feasible alternative exists to achieving the
desired access. Maximum road grades shall at no time be exceeded if a
switchback is proposed.
v. Emergency Access. Alternative access and emergency evacuation routes
shall always be considered. The following standards shall be required:
> Pull offs to allow for vehicle turnaround and emergency vehicle
staging areas.
> Short looping roads to provide alternative means of ingress and
egress.
> No single continuous stretch of road shall exceed 600-800 ft. in
length without a second permanent means of egress from the site
or the use of one or more of the above mentioned standards.
> An emergency access and evacuation plan shall be prepared during
the review process with review and signoff from local emergency
service providers.
l.
Stream Buffers
i. Stream/Creek buffers.
> A buffer of 100 feet from the mean high water mark of all
intermittent and permanent streams identified on the 7.5 minute
USGS quadrangle shall remain undisturbed.
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> Exceptions shall be limited to construction of access roads/utilities
and limited to the minimum necessary to provide safe access to
‘approved’ buildable areas.
m. Utilities
i. Utility installation. Utilities shall be incorporated in common trenches,
utilizing duct banks. Utility cuts shall be restored to the natural grade and
re-vegetated to conform to the character of the surrounding natural terrain.
n.
Stormwater/Erosion
i. Promote the use of pervious surfaces. Pervious surfaces shall be
maintained to the maximum extent practical.
ii. Limit upslope runoff across artificial slopes. Runoff from roadways,
driveways, and rooftops should be directed away from fill slopes and
managed to prevent erosion/destabilization. The rilling/gullying of
artificial slopes shall be avoided. All artificial slopes shall be revegetated.
iii. Natural acidifying soils/rock formations. Disturbances of naturally
acidifying soils/rock formations should be avoided to the maximum extent
practicable. Certain naturally occurring soils, when exposed through
construction activities to the atmosphere and surface water, will acidify
water. Acid runoff can dissolve heavy metals from the native soil and
pollute nearby waterways.
o.
Construction Practices
i. Commencement of disturbance. Existing natural vegetation shall not be
removed, cut, or otherwise destroyed more than 15 days prior to the
initiation of approved new land use and development or new subdivision.
Upon final grading, exposed areas shall be stabilized and vegetated
according to an approved replanting/landscaping plan.
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p.
Project Review Requirements
i. “No Guarantee of Maximum Development.” Land Use Regulations shall
advise that the maximum permitted density is not guaranteed, but rather
dependent on physical conditions found on the site and conformity with
applicable regulations.
ii. Pre-Application Conference/Preliminary Review. All applicants shall be
required to meet with the City/County Planning Staff to review a
conceptual plan. The conceptual plan, although general in nature, shall be
consistent with applicable requirements.
iii. Enhanced Site Plan- Existing Features and Fonditions.
> Existing/Proposed structures;
> Location/design of septic system;
> Driveways- length, grade, surface type;
> Perennial/intermittent waterways; springs; seeps; wetlands; culverts;
> Existing/Proposed road grades;
> Soil types/erodability/acidifying;
> Applicable setbacks from ridgelines/watercourses/property lines;
> Sensitive habitats for flora/fauna;
> Signed, sealed by appropriate state registered/certified professionalengineer, surveyor, LA, ecologist.
iv. Geotechnical Analysis - required for all new land use and development and
all new subdivisions on slopes in excess of 25%.
> Soil type;
> Depth to bedrock;
> Strike and dip of bedrock; joints/faults/slip planes;
> Bedrock material/strength/load bearing capacity;
> Cut material suitability as fill material- compaction/water content
(calculations, assumptions);
> Perennial/intermittent waterways;
> Seeps; springs; wetlands;
> Slope aspect;
> Natural hydrologic drainage;
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> Locations within 100’ laterally/500’ vertically of proposed area of
disturbance with evidence of mass wasting/landslides/soil-rock creep,
and
> Signed, sealed by state registered/certified engineer/geologist.
v. Enhanced ‘Land Disturbance’ Permit Requirements (In addition to current
State Stormwater requirements – SWPPP) for all new land use and
development and new subdivisions proposed on slopes in excess of 25%.
> Erosion & Sediment Control Plan:
1. Narrative and maps identifying potential sources and kinds of
water pollution (specific point/non-point sources);
2. Location of naturally acidifying soils, if any;
3. Location of staging/waste/equipment storage areas, and
4. Pollution prevention measures for construction site waste (litter,
chemicals, debris, soil/rock fill).
> Stormwater Management Plan:
1. Identify all locations and describe phasing of construction/postconstruction stormwater practices;
2. Proposed final ground cover, by type;
3. List of parties responsible for implementation of SWPPP;
4. Before grading commences, SWPPP signed by the applicant, all
contractors and subcontractors responsible for implementing
SWPPP provisions, and
5. When there is a change in the design, construction, or operation
that will increase the potential for stormwater discharges, the
SWPPP shall be amended and reviewed by the local review
agency.
q.
Definitions
i. Slope. The degree of deviation of a surface from the horizontal, usually
expressed in percent or degrees.
ii. Major Subdivision. A proposed subdivision involving the creation of more
than five new lots.
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iii. Minor Subdivision. A proposed subdivision involving the creation of five
or fewer lots
iv. Proposed Area of Disturbance. Proposed area of disturbance means those
areas of a parcel where clearing, grading, or construction is proposed.
C. General Recommendations for HOD and CSFZ Projects
1. Density, Density Bonuses and Transfer of Development Rights
a.
Each Community and the County shall institute density requirements that limit the
density and intensity of development on steeper slopes. As slopes increase, the
density of development shall decrease.
b.
To discourage development on steep slopes, a program to allow for density bonuses
on slopes less than 25% should be considered.
c.
In an effort to reduce development on steep slopes, a Transfer of Development Right
Program should be considered. Areas above specific slope should be designated as
“sending areas” while areas in each Community and the County having more
suitable slopes and the ability to accommodate additional development could be
designated as receiving areas.
2. Enforcement/Phasing
a.
Public posting of permits. Copies of all permits issued for proposed projects subject
to the requirements of the HOD and CSFZ and all approved site plan maps and
subdivision plats shall be publicly and conspicuously posted.
b.
Certification of conformance with Grading Permit. Following commencement of
grading activities, qualified professionals shall perform inspections every seven
days. Indicate on map extent of areas of disturbance/clearing; areas undergone
temporary/permanent stabilization; inspect and verify the integrity of all erosion and
sediment control practices; identify evidence of rill/gully erosion, loss of vegetation,
excessive sedimentation/deposition along barrier systems and natural creeks/ravines.
c.
All records of inspections and documentation kept in a log onsite; monthly
summaries submitted, signed, sealed by qualified professional; a summary log shall
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be publicly posted; compromised structural measures shall be stabilized as soon as
practicable within 14 days of identification.
d.
Certification of Artificial Slopes. Artificial slopes/retaining walls shall be inspected
and the results documented, signed, sealed by state registered/certified engineer and
submitted to the City/County reviewing agency upon completion of artificial slope.
e.
“Green Light” for Phasing Commencement. Subsequent phases contingent on
adequacy of previous phases. Vegetation, screening, fire mitigation practices,
stormwater practices, visual impacts, etc…
f.
Notice of Violation. Refusal of the applicant (or their agents) to conduct required
inspections/certifications, provide requested information, make requested repairs, or
take actions necessary for conformance shall constitute a violation. Inspections;
notice; fines; stop work orders and appeals shall be on record for 5 years. All
approvals and permits may be suspended or revoked for violations.
g.
Deed Record. All current and future property owners are legally responsible to
comply with all approval and permit conditions.
h.
Penalties. Each Community and the County shall consider the harm created, the cost
of repairs, the amount saved by the violator for non-conformance, willfulness of act,
and record of prior violations when levying a fine.
3. Fire Safety
a.
Building materials. Use inflammable/fire retardant materials for fire prevention on
soffits/roofs/vents/exterior walls; use skirting to screen areas around foundations and
under the structure and avoid vinyl exterior fixtures.
b.
Build fire management into the site design. Defensible space (30 feet), Fuel
management zone for 100’ perimeter.
c.
Establish a Firewise Committee. Become a Recognized Firewise Community and
Develop a Community Wildfire Protection Plan (CWPP).
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4. Clustering/PUD
a.
A Planned Unit Development “PUD” shall promote mitigation and innovation. A
PUD development can be a valuable community planning and design tool. Many
communities across the country have used PUDs to design innovative
neighborhoods and protect important community assets. The PUD should remain an
option for communities and applicants. PUDs provide a framework bound by
community standards and widely accepted professional standards and practices for
mitigating impacts from development. The primary benefit of the PUD process is
the promotion of flexibility and innovation, and shall not be considered a blank
check. The final PUD design should be the result of ongoing dialogue between the
applicant and the City/County planning staff. All standards required under the HOD
or CSFZ shall be in full force and effect under a PUD.
b.
Clustering. Clustering should avoid the creation of a dominant presence. Cluster
developments should be designed as pockets of buildings to minimize substantial
grading of steep slopes. Overall clustering of units should maintain the overall rural
character and natural features (slopes, ridgelines, forest cover) of the site;
stagger/step development pads to lessen visual impacts; utilize flatter portions of the
site, ensure conservation easements for steep or undeveloped portions of the site.
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Appendix A – HOD Map
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Appendix B – CSFZ Overlay Zone Map
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Appendix C – Summary of Public and Stakeholder Comments
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