Borough of Cresskill, NJ Critical Areas

Purposes. The purpose of regulating steep sloped areas as critical areas in the Borough of Cresskill is to prevent, or reduce, the problems resulting from the development of such steep sloped areas, including, but not limited to, the following: increased soil erosion and stormwater runoff; loss of existing vegetation, which stabilize the soils on steep sloped areas; increased costs for development, maintenance and remediation of problems; blasting of bedrock; removal of topsoil and other soil; and degradation to the visual aesthetics of ridges and hillsides.

Specific regulations. Development, including stripping of vegetation, grading or other soil disturbances, throughout the Borough of Cresskill shall occur only on those portions of a lot or tract outside the steep sloped area except as otherwise specifically permitted by ordinance and except further as follows:

(1)

No area with topographic slopes 25% or greater in grade shall be disturbed or developed.

(2)

No area with topographic slopes from 15% to 25% may be disturbed or developed, except that, in specific situations and for good cause shown by the applicant, an area equivalent to no greater than 15% of the total lot or tract area may be developed, disturbed or regraded where the Borough Engineer, in consultation with the Planning Board, if deemed necessary, determines the following:

(a)

Soil erosion, land disturbance and other environmental concerns have been adequately addressed by the applicant;

(b)

The performance standards in Subsection C of this section hereinbelow have been satisfied; and

(c)

The applicant has submitted grading, drainage and landscaping plans for the entire lot or tract of land to be developed, each in accordance with the requirements specified in Subsection D of this section hereinbelow, which plans confirm conformance with the aforementioned performance standards and which further confirm that the rate and velocity of the surface water runoff from the entire site which will result following completion of the proposed development shall not exceed that which currently exists in the predevelopment conditions.

(3)

An applicant may seek relief from these requirements by variance granted by the Planning Board or by the Zoning Board of Adjustment, as permitted by statute, provided that the applicant shall address Subsection B(2)(a), (b) and (c) of this section hereinabove to the satisfaction of the Board.

Performance standards. The Borough Engineer, when reviewing an application to disturb slopes from 15% to 25% in accordance with Subsection B(2) of this section hereinabove, or the Planning Board or the Zoning Board of Adjustment, as the case may be, when reviewing an application for variance relief from the requirements of this section pursuant to Subsection B(3) hereinabove, shall be guided by, but not limited to, the following performance standards:

(1)

The applicant shall demonstrate that the disturbance of the steep sloped area is necessary for the proposed development of the subject tract or lot and that such development is otherwise in accordance with the applicable ordinance provisions of the Borough of Cresskill;

(2)

The applicant shall demonstrate that the proposed development has utilized the noncritical areas of the tract to the extent reasonably practicable and that an attempt has been made to minimize the disturbance of the steep sloped areas by limiting development to either isolated area(s) of steep slopes and/or to those slopes with relatively less of a steep grade;

(3)

The applicant shall demonstrate the appropriate revegetation and landscaping of the disturbed steep sloped areas has been provided to adequately stabilize the slopes and enhance the attractiveness of the site, all in accordance with accepted soil conservation and stormwater management techniques as promulgated by the Bergen County Soil Conservation District and the Borough Engineer;

(4)

The applicant shall demonstrate that the proposed disturbance of the steep sloped area minimizes the impairment of the visual quality of the site and protects the higher elevations along hillsides, ridges and mountain tops which create visual amenities;

(5)

The applicant shall demonstrate that the environmental impacts resulting from the proposed development will be satisfactorily controlled in a manner acceptable to the Borough Engineer so that soil erosion, excess stormwater runoff, degradation of water quality, concentration of stormwater and water flow and flooding do not occur; and

(6)

The applicant also shall demonstrate that:

(a)

Endangered or threatened plants and wildlife will not be harmed;

(b)

The geologic disturbance, including blasting, cutting or excavating, resulting from the development of any steep sloped area will be satisfactorily mitigated; and

(c)

The cost of providing and maintaining public facilities and services to those areas where critical steep sloped areas may be disturbed will not be substantially increased as a result of such disturbance.

Submission of grading, drainage and landscaping plans for steep sloped areas. Any applicant proposing to disturb topographic slopes equal to or exceeding a 15% grade in the Borough of Cresskill shall submit the following information to the Borough Engineer or to the Planning Board or the Zoning Board of Adjustment, as the case may be, and all submitted plans, details and calculations shall be prepared, signed and sealed by a New Jersey licensed professional engineer:

(1)

A steep slope analysis, including the following and utilizing the best available topographic information, provided that the Borough Engineer may require additional information, including, but not limited to, an on-site topographic survey utilizing a five-foot contour interval or spot elevations on the site to document steep sloped areas:

(a)

Existing contours at two-foot intervals, with the following groups of slopes clearly delineated by shading: areas of slopes with grades from zero up to, but not including, 15%; areas of slopes 15% up to, but not including, 25%; and areas of slopes 25% and greater; and

(b)

The proposed grading plan superimposed on the existing contours, also shown at two-foot intervals, and also with the three groups of slopes noted in Subsection D(1)(a) of this section hereinabove appropriately shaded.

(2)

The grading plan, which shall be prepared at a minimum scale of one inch equals 50 feet, including the following information in addition to all other applicable requirements of the Land Development Ordinance:

(a)

Plans showing the location of, and details for, all drainage devices, retaining walls, cribbing, dams or other protective devices to be constructed and any existing or proposed swales, ditches, brooks or other drainage patterns;

(b)

Plans, profiles, cross sections and details of all retaining walls showing the height of each wall, the elevation at the top and bottom of each wall, the materials to be used, a profile and cross section of each wall, any proposed plantings, any safety barriers, the calculations of anticipated earth and hydrostatic pressures and surcharges and the calculations detailing the design of each wall; and

(c)

The limits of clearing and disturbance, which shall be held to be the maximum permitted on the site.

(3)

Drainage plans and supporting computations for any storm drainage system, including the following information as may be required by the Borough Engineer:

(a)

All existing or proposed storm sewer lines within or adjacent to the tract, showing the profile, size and slope of the lines, the direction of flow and the location of each catch basin, inlet, manhole, culvert, headwall and utility line, including pipe sizes and grades;

(b)

A map, drawn to scale (minimum scale one inch = 100 feet), showing the contributing areas to each inlet or cross drain;

(c)

The weighted runoff coefficient for each drainage area that was utilized in the submitted computations; and

(d)

A report by the design engineer containing the design criteria used, the alternates considered, the reasons for the final selections and the design calculations.

(4)

Landscaping plans, indicating the following information:

(a)

The proposed limits of disturbance of the subject site;

(b)

All existing and proposed vegetation within the area to be disturbed; and

(c)

A specific identification within the area to be disturbed of all individual trees or groups of trees which have a caliper of six inches or more measured three feet above the ground level, with an indication of which trees are to remain and which are to be removed.

(5)

Any additional information that is deemed necessary by the Borough Engineer to evaluate the site conditions where the effects of the disturbance to the steep sloped areas may pose special problems for the tract and/or for the surrounding area.