[HISTORY: Adopted by the Township Committee of the Township
of Kingwood 4-7-2011 by Ord. No. 16-04-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 114,
Steep Slope Conservation, adopted 6-5-2007 by Ord. No. 14-12-2007.
The purpose of this chapter is to regulate the intensity of
use in areas of steeply sloping terrain in order to limit soil loss,
erosion, excessive stormwater runoff, the degradation of surface water
and to maintain the natural topography and drainage patterns of land.
Disturbance of steep slopes results in accelerated erosion processes
from stormwater runoff and the subsequent sedimentation of water bodies
with the associated degradation of water quality and loss of aquatic
life support. Related effects include soil loss, changes in natural
topography and drainage patterns, increased flooding potential, further
fragmentation of forest and habitat areas, and compromised aesthetic
values. It has become widely recognized that disturbance of steep
slopes should be restricted or prevented based on the impact disturbance
of steep slopes can have on water quality and quantity, and the environmental
integrity of landscapes.
This chapter shall be applicable to new development or land
disturbance on a steep slope within the Township of Kingwood.
As used in this chapter, the following terms shall have the
meanings indicated:
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, and includes porous paving, paver
blocks, gravel, crushed stone, decks, patios, elevated structures,
and other similar structures, surfaces, or improvements.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
Any slope equal to or greater than 20% as measured over any
minimum run of 10 feet. Steep slopes are determined based on contour
intervals of two feet or less.
The percent of slope (rise in feet per horizontal distance) shall be established by measurement of distance perpendicular to the contour of the slope. The percent of slope shall be calculated for each two-foot contour interval. For example, any location on the site where there is a one-foot rise over a ten-foot horizontal run constitutes a ten-percent slope; a one-and-one-half-foot rise over a ten-foot horizontal run constitutes a fifteen-percent slope; a two-foot rise over a ten-foot horizontal run constitutes a twenty-percent slope. Applicants shall submit a steep slope analysis to the board having jurisdiction showing slope classes: 0% to 14.99%; 15% to 20%; and greater than 20%, all of which shall be delineated on a plat conforming to the requirements of §§ 115-9A and 115-9B(1)(a) through (d), (e), (g), (h), (l), (n) and (r).
A.Â
For steep slopes any disturbance shall be prohibited except as provided
below:
(1)Â
Redevelopment within the limits of existing impervious surfaces;
and
(2)Â
New disturbance necessary to protect public health, safety or welfare,
such as necessary linear development with no feasible alternative;
to provide an environmental benefit, such as remediation of a contaminated
site; to prevent extraordinary hardship on the property owner peculiar
to the property; or to prevent extraordinary hardship, provided the
hardship was not created by the property owner, that would not permit
a minimum economically viable use of the property based upon reasonable
investment. For example, redevelopment within the footprint of existing
impervious cover should be allowed to support efforts to revitalize
development that has fallen into disrepair.
(3)Â
No more than 15% of areas with a slope of 15% or more, but less than
20% shall be developed, regarded and/or stripped of vegetation.
B.Â
The applicant shall demonstrate through site plans to the appropriate board having jurisdiction over the development application that the proposed development and topography of the new disturbance is not located in areas with a twenty-percent or greater slope and does not exceed the limit of development in § 114-3 above.
A.Â
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this chapter
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this chapter apply.
B.Â
Severability.
(1)Â
Interpretation. This chapter shall be so construed as not to conflict
with any provision of New Jersey or federal law.
(2)Â
Notwithstanding that any provision of this chapter is held to be
invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the ordinance shall continue to be of
full force and effect.
(3)Â
The provisions of this chapter shall be cumulative with, and not
in substitution for, all other applicable zoning, planning and land
use regulations.
A.Â
A prompt investigation shall be made by the appropriate personnel
of the Township of Kingwood, of any person or entity believed to be
in violation hereof. If, upon inspection, a condition which is in
violation of this chapter is discovered, a civil action in the Special
Civil Part of the Superior Court, or in the Superior Court, if the
primary relief sought is injunctive or if penalties may exceed the
jurisdictional limit of the Special Civil Part, may be initiated by
the filing and serving of appropriate process. Nothing in this chapter
shall be construed to preclude the right of the Township of Kingwood,
pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder
in Municipal Court. The violation of any section or subsection of
this chapter shall constitute a separate and distinct offense independent
of the violation of any other section or subsection, or of any order
issued pursuant to this chapter. Each day a violation continues shall
be considered a separate offense.
