For purposes of this section, the following terms shall have the meanings given to them.

   Any activity which first requires the procurement of a building or land alteration permit from the City.

   Slopes over 12% and of elevation difference of 30 feet or more in a given parcel.

   (1)   Development on steep slopes. No development shall be conducted on a steep slope without first receiving a permit therefor from the Council. Approval or rejection of the proposed development shall be obtained in the following manner:

      a.   Allowable uses within steep slopes are:

         1.   New structures, including but not limited to, principal buildings, decks, and accessory buildings, except stairways and landings are prohibited on the bluff and must be set back from the top of the bluff, the toe of the bluff, and the side of a bluff at least 30 feet.

            (a)   On parcels of land on which a building has already been constructed, on August 1, 2008, the setback from the top of the bluff is 5 feet or existing setback, whichever is more, for additions to an existing building. Any new buildings will have to meet the 30-foot setback.

         2.   Stairways, paths and lifts may be permitted in suitable sites where construction will not redirect water flow direction and/or increase drainage velocity. Major topographic alterations are prohibited. Stairways, paths and lifts must receive an earthwork permit and must meet the following design requirements:

            (a)   Stairways, paths and lifts may not exceed 4 feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties, and planned unit developments.

            (b)   Canopies or roofs are not allowed on stairways, lifts, or landings.

            (c)   Stairways, paths, lifts and landings may be either constructed above the ground on posts or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.

            (d)   Stairways, paths, lifts and landings must be located in the most visually inconspicuous portions of lots.

            (e)   Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed, provided that the dimensional and performance standards complied with of subsections (a) to (e).

         3.   Removal or alteration of vegetation within a bluff impact zone is prohibited except for limited clearing of trees and shrubs and cutting, pruning and trimming of trees to provide a view from the principal dwelling site and to accommodate the placement of stairways and landings and access paths.

         4.   Removal or alteration of vegetation must receive prior approval of the community development director or designee. An on-site review will be made to determine if the removal or alteration of vegetation will require new ground cover. In no case shall clearcutting be permitted. City staff will work with the property owner to develop a means of creating a view while minimizing disturbance to the bluff impact zone.

         5.   An earthwork permit will be required for the movement of more than 10 cubic yards of material within bluff impact zones. The permit shall be granted if the proposed alteration does not adversely affect the bluff impact zone or other property. Topographic alterations/grading and filling within the bluff impact zone shall not be permitted to increase the rate of drainage. The drainage from property within the bluff impact zone may not be redirected without a permit from the City. Fill or excavated material shall not be placed in bluff impact zones.

         6.   Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff impact zones when other reasonable and feasible placement alternatives exists. If no alternatives exist, they may be placed within these areas, and must be designed to not cause adverse impacts.

         7.   Lawful non-conforming structures that have been damaged or destroyed may be reconstructed provided that it is reconstructed within 1 year following its damage or destruction and provided the nonconformity is not materially increased.

      b.   Application. Prior to any development on a steep slope, an application for permit shall be made to the City which shall contain a detailed plan for the development which sets forth:

         1.   The time period during which the proposed development is to take place.

         2.   The soil types which are found on the site of the development.

         3.   A map showing the topography of the area to be developed.

         4.   A map showing any alteration in the topography that would result from the proposed development.

         5.   A description of the soil quality in the area to be developed including permeability of the soil, susceptibility of the soil to erosion, drainage of the soil, distance of the soil from underlying bedrock, susceptibility of the soil to changes in physical volume when moistened and/or during periods of frost.

         6.   Information relative to whether the proposed development will cause and/or be affected by any erosion problems.

         7.   A description of any disturbance to vegetation and other natural features that will result from the development plus the manner in which the applicant proposes to protect vegetation and other natural features that will not be disturbed.

         8.   A copy of all specifications, blueprints and other detailed plans for the development.

         9.   Information relative to the adequacy for the slope conditions and soil type of the foundation and underlying material of any structure, including roads.

         10.   Information relative to the adequacy of controls and protection existing uphill from the proposed development which are designed to guard structures or roads from being affected by mud, uprooted trees or other materials.

         11.   Information relative to the adequacy of construction of any retaining wall in excess of 30 feet.

      c.   Such other information as the Planning Commission shall request from the application either prior or subsequent to the initial review of the proposed development by the Planning Commission.

      d.   The Planning Commission shall review and make a recommendation to the Council as to whether the permit should be issued or denied.

      e.   The Council may then authorize or deny issuance of the permit.

      f.   The review by the Planning Commission and final decision by the Council shall be based on the consideration of the following factors:

         1.   Whether the application is complete, accurate and in all respects conforms with Subd. 3(1) of this Section.

         2.   Whether, and the degree to which, the proposed development will cause and/or be affected by erosion problems.

         3.   Whether any structure erected as part of the development will have adequate foundations and underlying materials.

         4.   Whether, and the degree to which, the development will alter vegetation, topography, or other natural features of the land.

         5.   Any other factors relating to whether the proposed development will cause any risk or harm to any persons, property or animals.

      g.   If the Council decides to authorize issuance of a permit, it may do so subject to compliance with reasonable conditions which shall be specifically set forth in the permit. Such conditions may, among other matters, limit the size, kind or character of the proposed work, require the construction of other structures, require replacement of vegetation or other natural features, establish required monitoring procedures and maintenance activity, stage the work over time, require the alteration of the site design to ensure buffering, or require a performance bond.

      h.   An applicant shall begin the work authorized within 60 days from the date of authorization of the issuance of the permit unless a different date for the commencement of the work is designated by the Council. The applicant shall complete the work authorized within the time limit specified herein, the permit shall become void; provided, however, that if prior to the date established for commencement of that work, the applicant makes written requests to the Council for an extension of time to commence the work setting forth the reasons for the required extension, the Council may grant such extension.

      i.   Notice of completion. An applicant shall notify the Council in writing when the work has been completed. No work shall be deemed to have been completed until approved in writing by the City Engineer following such written notification.

   (2)   General provisions.

      a.   Responsibility. Neither the issuance of a permit nor compliance with the condition thereof, nor with the provision of this Section shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose liability on the City or its officers, employees, agents and/or consultants for injury or damage to persons or property. An approval of an application issued pursuant to this Section shall not relieve the applicant of the responsibility of complying with any other requirement established by law, regulation or City Code revision.

(Ord. 2008-17, passed 9-8-2008)