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Bell Acres City Zoning Code

ARTICLE IX

Geologic Hazards District

§ 165-144 Intent.

The Geologic Hazard Overlay District is intended to supplement the requirements of general zoning districts wherever geologic hazards are found in order to prevent loss of health, life or property from landslides and to regulate uses and development on or near steep slopes.

§ 165-145 Applicability.

The requirements of the Geologic Hazard Overlay District shall apply to all uses and development proposed within any steep slope or landslide-prone area as depicted on the Geologic Hazard Maps adopted by the Borough Council.[1] Land within this overlay district may be used only under the conditions of this district and the underlying zoning districts.
[1]
Editor's Note: The Geologic Hazard Maps are included as an attachment to this chapter.

§ 165-146 Definitions.

For the purposes of these Geologic Hazard Overlay District requirements, the terms below shall have the meanings ascribed to them as follows:
GEOLOGIC EXPERT
A registered professional or a geotechnical consultant with training and experience in geology, engineering or a related field.
GEOLOGIC HAZARD AREAS
Steep slopes and landslide-prone areas.
LANDSLIDE-PRONE AREAS
Any geologic formation which is especially susceptible to landslides due to the presence of unstable rock formations or soil types.
STEEP SLOPES
Includes:
A. 
Moderately steep slopes from 16% to 25%.
B. 
Steep slopes exceeding 25% and very steep slopes exceeding 40% between adjacent contour lines measured over a horizontal distance of 100 feet.

§ 165-147 Permitted uses.

Any use classified as a permitted use, conditional use or special exception in an underlying zoning district may be allowed within a Geologic Hazard Overlay District.

§ 165-148 Open-site investigation and reporting requirements.

All applications submitted for approval of any use allowed in the Geologic Hazard Overlay District shall be accompanied by a geologic hazard investigation report. The geologic hazard report shall be prepared by a geologic expert, based on an investigation of the site and the proposed use or development, and shall contain the following minimum information:
A. 
The boundaries of any Geologic Hazard Overlay Districts as depicted on the Geologic Hazard Maps adopted by the Borough Council or any geologic hazard areas found to exist based on an actual investigation of the site.
B. 
Topographic contour lines at two-foot intervals for the subject site before and after the completion of the proposed development.
C. 
A soils survey and geologic evaluation, including a narrative description of any conditions or factors which are relevant to the possibility of landslides caused by development of the site.
D. 
A statement identifying whether the subject property, or any adjacent properties, have any history of landslides.
E. 
Recommendation as to whether the site can be made safe for the proposed use, including any specific recommended construction or control techniques.
F. 
If the recommendation in Subsection E above is that the site is not safe, a plan and specifications detailing how the applicant proposes to make the site safe for the proposed use and protect adjacent properties from potential safety hazards must be included.

§ 165-149 Open space requirements.

The following portions of a development site within a Geologic Hazard Overlay District shall be reserved as open space and may not be graded or stripped of vegetation unless the applicant demonstrates that any hazards will be corrected through engineering measures which are deemed satisfactory by the Borough Engineer or consultants hired by the Borough to review the engineering proposal:
A. 
Sixty percent of any moderately steep slope.
B. 
Eighty-five percent of any steep slope area.
C. 
One hundred percent of any very steep slope area.
D. 
One hundred percent of any landslide-prone area.

§ 165-150 Warning and disclaimer of liability.

These regulations do not imply that areas outside any designated Geologic Hazard Overlay District, or that uses permitted within such district, will be free from landslides. These regulations shall not create liability on the part of the Borough or any officer, employee or appointed official thereof for any damage that results from reliance on this chapter or any decision lawfully made hereunder.