Elwood City Zoning Code

SENSITIVE AREA

OVERLAY ZONE

§ 155.225 PURPOSE.

(A) The purpose of this subchapter is to provide a mechanism for the protection of those areas of the city which are determined to be environmentally sensitive areas.

(B) This subchapter is intended to:

(1) Protect the general health, welfare, and safety of the citizens of the city;

(2) Minimize public and private property damage and emergency tax assistance; and

(3) Provide for an awareness of sensitive areas.

(Ord. 2008-005, passed 8-12-2008)

§ 155.226 SENSITIVE AREAS DEFINED.

The following areas are determined to be sensitive areas of the city and are subject to the requirements of this subchapter:

(A) Areas of steep slope, where the rise or fall of the land is equal to or exceeds 20% (1:5) over a horizontal distance of 100 feet or greater;

(B) Jurisdictional wetlands, as identified by the U.S. Army Corps of Engineers;

(C) Natural waterways and areas lying within a floodplain, as identified on the latest Federal Emergency Management Agency maps (FIRM maps);

(D) Areas of critical wildlife habitat;

(E) Earthquake fault areas and areas prone to debris flows, landslides, liquefaction, and rock falls. Areas designated as active or potential earthquake fault and/or landslide areas; and

(F) Wildfire hazards areas, areas of the city prone to have high potential for wildfires hazards

(Ord. 2008-005, passed 8-12-2008)

§ 155.227 SENSITIVE AREAS OVERLAY MAP.

A map showing the sensitive areas overlay which specifies critical areas in the city which, when proposed for development, must go through the process outlined in this subchapter. Properties within this overlay may not be suitable for development or may only be suitable after mitigation of the hazards associated with the specific site.

(Ord. 2008-005, passed 8-12-2008)

§ 155.228 ALL DEVELOPMENTS TO BE CONSIDERED A CONDITIONAL USE IN SENSITIVE AREAS.

Because of the environmental conditions existing in sensitive areas, all developments proposed within an area determined to be a sensitive area shall be considered a conditional use and shall be reviewed and considered consistent with the procedures for the review of a conditional use as provided in this chapter.

(Ord. 2008-005, passed 8-12-2008)

§ 155.229 REVIEW OF PROPOSED DEVELOPMENT IN SENSITIVE AREAS.

The city staff, prior to scheduling any application for a development proposed to be located wholly or partially, within any sensitive area as identified by this subchapter, shall receive comments and recommendations from the reviewing agencies, as applicable.

(Ord. 2008-005, passed 8-12-2008)

§ 155.230 DEVELOPMENT STANDARDS BY SENSITIVE AREA.

These standards are provided to ensure that any development proposed wholly, or in part, within a sensitive area recognizes the physical and environmental constraints of the development site. These standards shall supplement, and are in addition to, other development standards provided by this chapter.

(A) Areas of steep slope.

(1) No building or structure (except for a required public utility and necessary public roads) shall be constructed on any areas where the rise or fall of the land is equal to or exceeds 30% (1:3) over a horizontal distance of 100 feet or greater.

(2) For those areas where the rise or fall of the land is equal to or exceeds 20% (1:5) over a horizontal distance of 100 feet or greater development may be permitted by the city upon the review and approval of an engineering geotechnical report (see § 155.231):

(a) The location and description of existing natural and human-made features on and surrounding the site, including general topography and soil characteristics and a copy of the soil conservation service soil survey for the site;

(b) The location and description of proposed changes to the site, including any grading and excavation, vegetation removal, the location and profiles of proposed roadways, the location of proposed utility lines, the location of existing and proposed buildings and structures, and the location of all other proposed site features;

(c) The identification of measures proposed for soil and sediment control, including a schedule of the sequence for the installation of planned erosion and sediment control measures, including anticipated starting and completion dates; and

(d) Plans for the proposed vegetation of all disturbed site areas.

(B) Jurisdictional wetlands. No building, structure, construction, excavation or land filling shall occur on any area determined to be a jurisdictional wetland without the approval and necessary wetlands permit(s), as required by the U.S. Army Corps of Engineers.

(1) All buildings, structures, construction, excavation, or land filling proposed within a mapped floodplain, as identified on the latest maps issued by Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) or located within the city’s 100-foot buffer zone shall provide an elevation certificate from a state-certified surveyor and be approved by the city’s Floodplain Manager.

(2) Methods of reducing flood losses:

(a) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which may result in increased erosion or in flood heights or velocities;

(b) Require the uses vulnerable to floods, including facilities which serve such uses, to be protected against flood damage at the time of initial construction;

(c) Control the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel flood waters;

(d) Control filling, grading, dredging, and other development which may increase flood damage; and

(e) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(D) Natural waterways. All proposed development adjacent to a natural waterway, including all rivers, streams, creeks, and natural drainage ways, shall be subject to the following, but excluding bridges, boat ramps, culverts, dams, trestles, and similar structures.

(1) A minimum setback of 50 feet for all structures and 100 feet for all on-site septic systems shall be required. Additional setback may be required, if necessary, as determined by the Planning Commission to avoid the possibility of any stream or water pollution.

(2) The stripping of any vegetation area is prohibited within the 50-foot setback.

(3) The mean high water mark shall be the point of reference as to the edge of the waterway.

(4) The introduction of concentrated sources of pollution into the waterways is prohibited including, but not limited to, septic tanks, untreated sewage, commercial and residential garbage, manure, dead animals, waste, and other hazardous materials.

(E) Areas of critical wildlife habitat. No development, building, structure, construction, excavation, or land filling shall occur on any area determined to be critical wildlife habitat without review and comment being received from the state’s Division of Wildlife Resources and/or the United States Fish and Wildlife Service prior to consideration by the approving body.

(F) Earthquake fault areas and areas prone to landslide. For those areas identified as an active or potential mapped earthquake fault and landslide areas, development may be permitted by the city upon the review and approval of an engineering geotechnical report (see § 155.231) identifying the following:

(1) Accurately identifying the location of earthquake faults and landslide areas;

(2) The location and description of proposed changes to the site, including any grading and excavation, vegetation removal, the location and profiles of proposed roadways, the location of proposed utility lines, the location of existing and proposed buildings and structures, and the location of all other proposed site features;

(3) The identification of measures and actions proposed to mitigate the risks from earthquake, landslides, and soil disturbance including a schedule of the sequence for the installation of planned mitigation actions, including anticipated starting and completion dates; and

(4) No critical facility (excluding transportation lines or utilities which by their nature may cross active faults or structures designed for human occupancy shall be built astride an active fault. No structure designed for human occupancy shall be built on a fault scarp. Footing setbacks from a fault scarp shall meet the requirements of the International Uniform Building Code. The Planning Commission may increase footing setback requirements where information from a geotechnical report indicates a slope condition warrant a greater setback distance.

(G) Wildfire hazards areas.

(1) Requirements for construction of all developments and structures.

(a) All new construction and any construction expanding the size of an existing structure, shall have a “fuel break” as defined below.

(b) A FUEL BREAK is defined as an area which is free of dead or dying vegetation, and has native, fast-burning species sufficiently thinned so that there is no interlocking canopy of this type of vegetation. Where necessary for erosion control or aesthetic purposes, the fuel break may be planted in slow-burning species. FUEL BREAKS do not involve stripping the ground of all native vegetation.

(c) A primary fuel break will be installed, maintained, and shall extend a minimum of 30 feet in all directions around structures, excluding fences, on the property. The goal within this area is to remove ground cover that will produce flame lengths in excess of one foot. Such a fuel break shall be increased by five feet for each 10% increase in slope over 10%.

(d) A secondary fuel break will be installed, maintained, and shall extend a minimum of 100 feet beyond the primary fuel break where surrounding landscape is owned and under the control of the property owner during construction. The goal of the secondary fuel break is to reduce fuels so that the overall intensity of any wildfire is reduced through fuels control.

(e) All structures shall be constructed or re-roofed with Class B or better non-wood roofing materials, as determined by the building ordinance. All re-roofing of existing structures in the wildfire lands area shall be done under approval of a zoning permit. No structure shall be constructed or re-roofed with wooden shingles, shakes, wood-product material, or other combustible roofing material, as defined in the city’s Building Code.

(2) Fuel breaks in areas which are also erosive or slope failure lands shall be included in the erosion control measures outlined in division (A) above.

(Ord. 2008-005, passed 8-12-2008) Penalty, see § 155.999

§ 155.231 ENGINEERING GEOTECHNICAL REPORT.

(A) The engineering geotechincal report shall be prepared by a licensed geotechincal engineer and licensed geologist. The report shall be signed and dated by the preparer and shall also include the qualifications of the preparer.

(B) The report shall be site-specific and identify all known or suspected potential geotechnical or natural hazards, originating on-site or off-site, affecting the particular property.

(C) The report shall include a detailed site map (scale: one inch equals 200 feet or larger) showing the location of the hazard(s) with delineation of the recommended setback distances from such hazards(s) and the recommended location for proposed structures.

(D) The report shall address the potential effects of the hazard(s) on the proposed development and occupants, thereof, in terms of risk and potential damage.

(E) The report shall contain recommendations for avoidance or mitigation of the effects of the hazard(s). The evidence on which the recommendations and conclusions are based shall be clearly stated in the report. Trench logs (scale: one inch equals five feet, or larger), aerial photographs, references with citations, and other supporting information as applicable, shall also be included in the report.

(F) All engineering geotechincal report submitted to the city shall be reviewed by the state geological survey for completeness, accuracy, and appropriate recommendations.

(Ord. 2008-005, passed 8-12-2008) Penalty, see § 155.999

§ 155.232 DISCLOSURE OF A NATURAL HAZARD BY AN ENGINEERING GEOTECHNICAL REPORT.

Whenever a potential natural hazard is identified by a required geotechnical report under this subchapter, the owner of such parcel shall record a restrictive covenant running with the land in a form satisfactory to the city prior to the approval of any development or subdivision of such parcel which shall include the following:

(A) Notice of the existence and availability of the engineering geotechnical report that identifies the natural hazards for public inspection in the city zoning office; and

(B) An agreement by the owner of the parcel and any successor in interest to comply with any conditions set by the city’s Planning Commission to minimize potential adverse effects of the natural hazard(s).