Sec. 8.8. Steep Slope Protection Standards

8.8.1. Purpose

The primary purpose for the slope protection standards is to minimize gradingClosed A land disturbing activity that modifies the contours of the land., land instability and the removal of vegetation in order to:

A. Protect the quality of wetlandsClosed An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. and water courses below the slope from increased sedimentationClosed Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin.;

B. Protect steep slope plant and animal habitat from disturbance and developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.; and

C. Preserve the aesthetic quality of the natural terrain.

8.8.2. Exception – Sedimentation and Erosion Control

Notwithstanding the requirements of this section, steep slopes for purposes of sedimentationClosed Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control are defined in paragraph12.10.4B, Stabilization of Disturbed Land, and regulated under Sec. 3.8, SedimentationClosed Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and ErosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, and Sec. 12.10, SedimentationClosed Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and ErosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control.

8.8.3. Steep Slope Areas

A. Applicability

1. Steep slope areas refer to natural gradesClosed A land disturbing activity that modifies the contours of the land. and shall not include man-made gradesClosed A land disturbing activity that modifies the contours of the land..

2. Slope is the relationship of vertical rise to horizontal run, expressed as a percentage.

a. Except in the CSD District, steep slope areas shall be defined as land areas that:

(1) Have a gradeClosed A land disturbing activity that modifies the contours of the land. of 25% or more;

(2) Have an area of 5,000 square feet or greater; and

(3) Are located within 200 feet of any floodway fringeClosed The portion of the Special Flood Hazard Area that is outside of the Floodway. or perennial streamClosed A body of concentrated flowing water in a natural low area or natural channel on the land surface. or within 100 feet of an intermittent streamClosed A body of concentrated flowing water in a natural low area or natural channel on the land surface..

b. In the CSD District, steep slope areas shall be defined as land areas that:

(1) Have a gradeClosed A land disturbing activity that modifies the contours of the land. of 15% or more;

(2) Have an area of 2,500 square feet or greater; and

(3) Are located within 200 feet of any floodway fringeClosed The portion of the Special Flood Hazard Area that is outside of the Floodway. or perennial streamClosed A body of concentrated flowing water in a natural low area or natural channel on the land surface. or within 100 feet of an intermittent streamClosed A body of concentrated flowing water in a natural low area or natural channel on the land surface..

B. Slope calculations shall use the smallest contour interval for which maps are available. Steep slope areas shall be determined irrespective of tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. boundaries.

C. Steep slope areas shall be clearly indicated on all site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans, preliminary platsClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review. and final platsClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided.. When a property ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. or developerClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. believes that the presence or location of a steep slope area is different than what is shown on the appropriate topographic map, the property ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. or developerClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall provide a field survey to determine the location or presence of the moderate or steep slope area for purposes of meeting the requirements of this section.

8.8.4. Steep Slope Development Limitations

DevelopmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and land disturbing activityClosed Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition. on steep slope areas shall be conducted only in accordance with the following requirements. Compliance with these requirements shall be determined by the approving authority.

A. The gradeClosed A land disturbing activity that modifies the contours of the land. of reconstructed slopes shall not exceed 50%.

B. Grading and Uses

1. Except in the CSD District, on any tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. proposed for construction, no more than 15% of the steep slope area on the tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. shall be gradedClosed A land disturbing activity that modifies the contours of the land.. For purposes of this calculation, the land areas of individual steep slope areas on the tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. shall be added together to establish the total steep slope area for the tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit..

2. In the CSD District, on any tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. proposed for construction, no steep slope area shall be gradedClosed A land disturbing activity that modifies the contours of the land.. The only allowed disturbance shall be:

a. Unpaved walking paths and foot trails constructed with minimal disturbance of tree roots and existing vegetation; and

b. No tree six inches dbh or greater shall be removed for the construction of the trail.

C. Land disturbance solely for the purpose of any public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be exempt from the steep slope area gradingClosed A land disturbing activity that modifies the contours of the land. limits of this section.

8.8.5. Density Credits

A. Except in Design Districts, the amount of land designated as steep slopes shall be credited for residential densityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. at a rate of 15% of that allowed by the zoning, except as otherwise allowed in this Ordinance.

B. Within Design Districts, densityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. credits for steep slopes shall be governed by the provisions in Article 16.

C. The portions of steep slope areas located within required riparian buffers shall be given 100% credit.