[Added 10-18-1999 by Ord. No. 99-12]
The purpose of this article is to preserve critical
slope areas in the Borough of Woodcliff Lake. These regulations are
necessary to minimize the adverse impacts commonly associated with
disturbance of "steeply sloped areas," which are defined for the purposes
of this article as a slope of minimally 15%. Development on grades
of 15% or greater generally requires additional safeguards against
erosion and other conditions such as siltation, surface water runoff
and pollution of potable water supplies. The most appropriate method
of alleviating such conditions is through the regulation of disturbance
to soil and vegetation in critical slope areas. Such regulation promotes
the public health, safety and welfare of Woodcliff Lake.
The following definitions are applicable to
this article:
Land where the grade is 15% or greater.
Any interference, alteration or change to the natural terrain
(including soil and vegetation or any other element of the environment).
This term includes any activity involving the clearing of vegetation,
grading or filling of a site but does not include maintenance or refurbishing
of existing topographical or previously constructed conditions, or
the installation of ground cover, gardens, shrubs or other vegetation
that does not alter or change the natural terrain (including soil
and vegetation) or any other element of the environment.
An elevated deposit of soil, rock or other materials either
constructed or natural.
The percent of rise or descent of a sloping surface. For
example, a fifteen-percent grade corresponds to a fifteen-foot vertical
change in elevation for every 100 feet of horizontal distance. (Refer
to accompanying "Slope Diagram" for further clarification).[1]
Grasses or other plants and landscaping grown to keep soil
from being blown or washed away.
A structure constructed and erected between lands of different
elevations to protect structures, create a horizontal surface for
lawn or recreation and/or to prevent erosion.
The deviation of a surface from the horizontal, usually expressed
in percent.
[1]
Editor's Note: The Slope Diagram is on file
in the Borough offices.
All applications for minor and major subdivision
or site plan approval or for permit for construction, grading or clearing
of any lot, unless not included within the definition of "disturbance"
under this article or exempted herein in this chapter, shall be evaluated
by the applicant for the presence of critical slope areas, as defined
herein.
A.
Slope categories. Unless exempt, the applicant shall
prepare and submit a slope analysis for the entire site (including
proposed roadways and common areas, and each proposed or existing
lot). The property shall be evaluated to determine the presence of
critical slope areas in the following categories:
|
Table 1
| ||
|---|---|---|
|
Slope Category
|
Percent Grade
| |
|
1
|
15% to 19.99%
| |
|
2
|
20% to 24.99%
| |
|
3
|
25% or greater
| |
B.
Slope analysis. The slope categories shall be identified
on a plan drawn at a scale as required by the Borough's site plan
or subdivision submission requirements. It shall show the existing
and proposed topographic contours at two-foot intervals within the
subject property and delineate the categories of critical slope areas
as shown in Table 1 above. Existing contours at ten-foot intervals
shall be shown for a minimum distance of 25 feet beyond the property
boundaries.
C.
Additional information required. The analysis provided
by the applicant shall contain the following additional information:
(1)
It shall delineate and quantify those areas
proposed for disturbance. The applicant shall provide a table showing
the calculation of disturbed area in square feet and as a percent
of the lot area, for each proposed lot:
(2)
It shall identify the location of all trees
of eight inches in caliper or greater (measured three feet above the
natural grade), and contiguous wooded areas, along with the proposed
limits of disturbance.
(3)
It shall identify soil types present on the
property, with specific reference to highly erodible soils as identified
by the United States Department of Agriculture Soil Conservation Service.
(4)
Details on how the proposed construction will
minimize adverse impacts upon the existing natural features (including
but not limited to ponds, vegetation and rock formations) of the lot
shall be provided.
(5)
The location and details of swales, detention
basins and other facilities for the disposition of all stormwater
shall be provided.
(6)
The disposition and extent of topsoil to be
removed or filled shall be indicated.
(7)
Plans and specifications for any retaining walls,
steps, fences or other protective structures shall be provided.
(8)
Elevations and sections of structures and related
improvements shall be provided.
A.
Maximum disturbed area.
(1)
No buildings, improvements or structures, including
roads, driveways or parking areas, shall be constructed, nor shall
any displacement of soil or removal of vegetation occur within critical
slope areas, except in accordance with the following schedule provided
below in Table 2:
|
Table 2
Permitted Levels of Disturbance in Critical
Slope Areas
| |||
|---|---|---|---|
|
Slope Category
|
Percent Grade
|
Maximum Disturbed Area
| |
|
1
|
15% to 19.99%
|
35% of area in Slope Category 1
| |
|
2
|
20% to 24.99%
|
25% of area in Slope Category 2
| |
|
3
|
25% or greater
|
15% of area in Slope Category 3
| |
(2)
For a subdivision proposal, calculation of disturbed
area is based on each individual lot, not the entire tract as a whole.
Common areas are subject to the maximum disturbed area as well. Roadways
are exempt from the above limits of disturbed area, but are subject
to the maximum permitted grade provisions under local ordinance or
the Residential Site Improvement Standards.
B.
Limit of disturbance. A limit of disturbance shall
be established to preserve existing vegetation on each proposed lot.
A.
Activities not constituting a disturbance. The provisions of this chapter and article shall not apply where there is no disturbance as expressly defined in § 380-107 herein (but not as such term may be defined in some other portion of the Borough Code).
B.
Disturbances on minor slope areas. The Construction
Code Official may permit the disturbance and development of steep
slopes otherwise subject to the regulations under this chapter where
the slope area does not exceed an area as follows:
[Amended 9-6-2005 by Ord. No. 05-10]
|
District
|
Maximum Area of Lot Occupied by Critical
Slope Area
(square feet)
| |
|---|---|---|
|
R-15 District
|
2,000
| |
|
R-22.5 District
|
2,500
| |
|
ARHO District
|
20,000
| |
|
R-30 District and all other districts
|
3,000
|
|
NOTES:
In the ARHO District, the provisions of § 380-10 of this chapter shall apply in computing lot area for the purpose of calculating maximum lot area occupied by critical slope.
|
(1)
Required information. The applicant requesting the Construction Code Official to declare the disturbance excepted under this chapter based on minor slope areas shall, in the application for their construction or other type of permit, delineate on a plot plan or other survey all of the information required in § 380-108B above to provide the Construction Code Official all information necessary to determine the existence of a minor slope area. The Construction Code Official may waive this requirement if, after making a visual inspection, the Code Official is satisfied that the area in question qualifies as a minor slope area under this section, and the Construction Code Official shall make a note of such finding on the permit.
(2)
Referral to Borough Planning Board. The Borough
Construction Code Official may deny the claimed exception where the
official determines that such minor slope areas are adjacent to other
steep slope areas, as defined herein, and that such an area, together
with the applicant's slope area, would not qualify for an exception
under the terms of this article. In that event, the Construction Code
Official shall refer the application to the Planning Board, and the
applicant shall supplement the permit application with all other information
required under this chapter and shall submit same to the Planning
Board.
(a)
Standard for review on referral. On a referral
from the Construction Code Official under the provisions of this section,
no permit shall be issued unless the Planning Board determines that
the disturbance of the critical slope area is consistent with sound
planning and promotes the goals and objectives of the Borough's Master
Plan; would not substantially impair the purposes of this chapter
and the Borough's land use ordinances; and would otherwise result
in practical difficulties for the applicant. The Planning Board must
also be satisfied through competent proof offered by the applicant
that disturbance in the steep slope area that would otherwise qualify
for an exception under this article would have no adverse impact upon
the adjoining slope area if the excepted area was disturbed in accordance
with this chapter. The burden of proof shall be on the applicant to
prove this to the Board's satisfaction. This standard of proof shall
only apply to applications referred to the Planning Board from the
Construction Code Official in the event that it appears that a minor
slope area is adjacent to another sloped area and, as a result thereof,
the minor slope area exception of this section of this article does
not apply. In the event that an applicant makes application to the
Planning or Zoning Board for a variance from the terms of the prohibitions
against disturbances in the critical slope areas under this article,
the standards for variance review as promulgated under this chapter
and as required under the Municipal Land Use Law (N.J.S.A. 40:55D-1
et seq.) shall apply.
Provision shall be made for any structure or
protective measures that may be required for the protection of the
public safety, including but not limited to retaining walls, embankments,
head walls and fences.
A.
Erosion control ground cover. Proposed slopes between
2:1 and 3:1 (ratio of vertical distance to horizontal distance) shall
require plant material and ground cover suitable for erosion control.
B.
Requirement for retaining walls. Proposed changes in grade in excess of 3:1 (ratio of vertical distance to horizontal distance) shall be supported by retaining walls or by erosion control ground cover in accordance with § 380-111A.
C.
Retaining walls. Retaining walls typically are necessary
components for development in critical slope areas. Therefore the
following regulations are established for retaining walls in critical
slope areas:
(1)
Retaining walls shall not have any continuous
exposed wall face in excess of three feet in height measured from
the lowest elevation of the finished grade, except that age-restricted
multiunit housing in the ARHO District shall be permitted to have
retaining walls with wall faces up to six feet in height. If a fence
is required atop a retaining wall, the height of the fence shall not
be considered in measuring the height of the retaining wall.
[Amended 9-6-2005 by Ord. No. 05-10]
(2)
In any embankment which is constructed by the
use of retaining walls, each wall shall also be subject to a maximum
height limitation of three feet and shall be tiered at every three-foot
interval of height.
(3)
Each tier shall be set back a minimum of three
feet to provide for the placement of landscaping on the tier.
(4)
Plantings shall be required at each tier level
(except the top level adjoining a lawn area) to minimize the appearance
of the wall's height and enhance its aesthetics.
(5)
Retaining walls shall not be erected within
five feet of a street right-of-way, side or rear property line and
be constructed in such a way so as to enable the property owner to
perform periodic maintenance and upkeep to the area between the retaining
wall and the right of way, side or rear lot line.
(6)
Retaining walls shall be designed to provide
for proper drainage.
(7)
The use of interlocking block materials for
retaining wall construction is encouraged
