Subd. 1. Findings and Purpose. The City finds that development, excavation, or construction on certain slopes within the City may result in the building of unstable structures, increase dangers or erosion and thereby endanger the natural character of the land, and jeopardize the health, safety, and welfare of the citizens of the City.

Subd. 2. Definitions. The following terms, as used in this section, shall have the meanings stated:

Steep Slopes means Slopes of over twelve percent (12%) and of elevation difference of thirty (30) feet or more in a given parcel.

Development means any excavation in excess of fifty (50) cubic yards of soil or activity which first requires the procurement of a building or land alteration permit from the City.

Subd. 3. Review by Planning Commission and Council of Development on Steep Slopes.

A.

Development on Steep Slopes. No development shall be conducted on a steep slope without first receiving a permit therefore from the Council. Approval or rejection of the proposed development shall be obtained in the following manner:

1.

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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.

(f)

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

(g)

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.

(h)

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

(i)

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

(j)

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.

(k)

Information relative to the adequacy of construction of any retaining walls in excess of thirty (30) feet.

2.

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

3.

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

4.

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

5.

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

(a)

Whether the application is complete, accurate and in all respects conforms with Item 1 of this Subparagraph A.

(b)

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

(c)

Whether any structures erected as part of the development will have adequate foundations and underlying material.

(d)

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

(e)

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

6.

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.

7.

An applicant shall begin the work authorized within sixty (60) days from the date of authorization of the issuance of the permit unless a different date for the commencement of the work is designed 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 the work, the applicant makes written request 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.

8.

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

B.

General Provisions.

1.

Responsibility. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions 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 or employees 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 provision.