A. Development Within One-Quarter Mile. No development or construction of buildings or structures shall be permitted within one-quarter mile of the east, south, or west exterior boundaries of section 6 prior to the implementation of the Environmental Protection Agency's remedy. The remedy is defined in the record of decision for the Lowry Landfill Superfund Site and the completion of the five-year performance review which confirms that the remedy is in conformity at the compliance boundary, as determined by the City Council. This prohibition shall not apply to the development or construction of buildings or structures that are used for remediating the contamination at the Lowry Landfill or to the development or construction of roadways, public utilities, and structures accessory to the remediation effort. Upon the City Council's determination that the remedy is in conformity at the compliance boundary, development and construction of buildings and structures may be permitted within one-fourth mile of section 6, provided the underlying zoning permits such development.

B. Hold Harmless Agreement. At such time as development is permitted within one-fourth mile of the east, south, and west exterior boundaries of section 6, every development application shall be accompanied by a hold harmless agreement in a form satisfactory to the City Council that releases the City from any damage claim arising from permission to develop.

C. Development Conditions. Under this Section 146-3.1.7 the City Council may attach reasonable conditions and stipulations of approval deemed necessary to protect the health, safety, and welfare and to maintain compliance with the purposes of this article. Reasonable conditions and stipulations of approval may be attached in response to new information unavailable at the time of enactment of the ordinance from which this Section 146-3.1.7 derives. The conditions may include posting of notice of location of the landfill site to advise occupants and tenants.

D. Notice of Proximity of Landfill.