§ 24-131. Unsafe land.

(a)

The Planning Board shall restrict or prohibit the subdivision of land found to be unsafe for development. The restriction or prohibition may be due to natural conditions, such as, but not confined to, flooding, erosive stream action, high water table, unstable soils, or severe slopes, or to man-made conditions on the property, such as, but not confined to, unstable fills or slopes. The Planning Board shall require that proposed subdivisions conform to the following:

(1)

When the County Soils and Geological Map indicates that a portion of the land is unsafe, the Board may permit it to be platted as part of a lot in which there is sufficient land to erect a building within the building lines established by the zone in which the property is located, plus an additional twenty-five (25) foot setback between the structure and the unsafe area, which shall be indicated on the final plat with a building restriction line.

(2)

If the unsafe land has, by subsequent change, become safe for building construction, upon appropriate findings by the Planning Board, the building restriction line may be removed by the recording of a new final plat approved by the Board.

(3)

When the applicant proposes remedial actions to correct or alleviate unsafe soil conditions, the Planning Board shall refer such proposals to the Chief Building Inspector for a determination of whether such measures are sufficient to protect the health and safety of future residents. The Board may approve the platting of such land, upon recommendation of the Chief Building Inspector, provided that covenants are attached to incorporate the remedial actions.

(4)

The Planning Board may require that the owner(s) of any property on which unsafe conditions have been found to exist shall notify any potential purchaser of such conditions.

(CB-48-1981)