For purposes of this article, the following terms shall have
the meanings indicated:
COVERED LOT
Any lot that is located on or adjacent to a steep slope as defined in Chapter
245, Article
II.
From and after June 1, 2018, no construction, reconstruction
or demolition of a principal structure or a retaining wall, or grading,
filling or other similar site disturbance or development, or use of
land that requires a site plan may be commenced or continued on a
covered lot until the property owner has recorded a declaration of
covenants, in a form to be determined by the Town, which covenants
shall run with the land in perpetuity and contain provisions requiring
the property owner to assume responsibility and liability for instability
to or damage of the abutting slopes caused by development on a covered
lot or to which such development contributes, waiving and releasing
the Town from liability to damage to persons or property on the covered
lot arising from or in connection with the instability, deterioration,
sloughing, or sliding of the abutting slopes and holding the Town
harmless therefrom and that prohibit the property owner or his agents,
guests or invitees from draining water or other substances across
the slopes or dumping any trash, debris, yard waste or other detritus
over, across or down the slope.