This article of the Land Development Chapter
shall be known and may be cited as the "Hampton Borough Steep Slopes
Development Control Article."
It is the purpose of this article to protect
the health, safety and welfare of people and property within the Borough
of Hampton from improper construction, building and development on
steep slope and hillside areas in the Borough and, more particularly
but without limitation, to reduce the peculiar hazards which exist
in hillside areas by reason of erosion, siltation, flooding, soil
slippage, surface water runoff, pollution of potable water supplies
from nonpoint sources and destruction of unique and predominant views.
It is a further purpose of this article to encourage appropriate planning,
design and development sites within hillside areas which preserve
and maximize the best use of the natural terrain and maintain ridgelines
and skylines intact.
A.
This article shall apply to all applications for development
in the Borough of Hampton in the R-5 Zone.
B.
The Planning Board shall approve all plans submitted
under this article as part of any application for site plan approval
or subdivision approval.
C.
The Borough Engineer, after referral to and recommendation
by the Environmental Commission in appropriate cases, shall approve
all applications for compliance with this article.
A.
Applicants for site plan approval, subdivision approval
or a building permit shall submit to the Planning Board Clerk all
information and documents (exhibits) required by this article.
B.
The Planning Board Clerk shall process all exhibits
submitted under this article in the same manner as applications for
subdivision approval or site plan approval.
C.
If the application for development involves land where
development is proposed only on slopes of 10% or less, the Planning
Board may waive referral to the Environmental Commission and approve
the application as being in compliance with this article.
A.
For all sketch plats, sketch site plans and applications
for building permits, the following exhibits shall be submitted:
(1)
A topography map showing existing contours at two-foot
intervals.
(2)
Areas, clearly identified, showing the following slopes as measured between ten-foot contour lines per § 157-101; Area 1, 30% or higher; Area 2, 20% to 29%; Area 3, 11% to 19%; Area 4, zero percent 0% to 10%.
(3)
Calculations, in square footage and acres, of the
amount of area in the various slope categories listed above.
B.
Where development is proposed on slopes greater than
10%, as part of preliminary subdivision approval or preliminary site
plan approval and for applications for building permits, the following
additional exhibits, prepared by a qualified individual or firm, as
determined by the Planning Board with the advice of the Environmental
Commission, may be required to be submitted:
(1)
The extent and erodibility potential of exposed soils.
(2)
The length, steepness and surface roughness of exposed
slopes.
(3)
The resistance of the soil to compaction and the stability
of soil aggregates.
(4)
The high-water table, water infiltration capacity
and capacity of soil profile.
(5)
The chemical, physical and biological nature of the
subsurface soil.
(6)
The type and location of construction activity, including
the amount of site grading.
(7)
The time period of exposure of erodible soils during
construction.
(8)
The area and density of woodlands and forests, referenced
to the vegetation map of the Borough's natural resources inventory,
within the construction site and on contiguous lands for a distance
of 500 feet. All significant tree specimens shall be indicated on
development plans as well as physically marked on the construction
site.
(9)
The extent of impervious surface to be constructed.
(10)
The location of construction access roads.
(11)
Calculation of the amount of site grading, to
include a cut-and-fill balance sheet, including cross sections, and
indicating, where applicable, the volume of and source of off-site
fill.
A.
The Planning Board or Borough Engineer, as the case
may be, shall review and approve only those applications where development
plans and necessary improvements accomplish the following:
(1)
Control velocity and rate of water runoff so that such velocity and rate are no greater after construction and development than before and all other provisions of Article VII, Stormwater Control, of this chapter have been complied with.
(2)
Minimize stream turbidity and change in flow.
(3)
Protect environmentally vulnerable areas.
(4)
Stabilize exposed soils both during and after
construction and development.
(5)
Prevent soil slippage.
(6)
Minimize the number and extent of cuts to prevent
groundwater discharge areas.
(7)
Preserve the maximum number of trees and other
vegetation on the site and avoid the critical upland forest areas
as shown on the vegetation map of the Borough's natural resources
inventory.
B.
The Planning Board or the Borough Engineer, as the case may be, may impose such conditions upon any approval as said Board or Engineer deems necessary to achieve the above-stated goals. All permanent improvements necessary to achieve the above criteria shall be bonded in the same manner as set forth in Article III, Subdivision Review and Approval, and Article V, Site Plan Approval, of this chapter.
C.
Any approval may be subject to the condition that
the applicant provide and adhere to a detailed construction schedule,
copies of which shall be supplied to the Borough Engineer and the
Borough Construction Official for the purpose of monitoring the progress
of the work and conditioned upon submission of periodic certifications
by the applicant as to compliance with the construction schedule and,
in the event of noncompliance, written assurance as to the nature
and time when steps will be taken to achieve compliance with the construction
schedule.[1]
D.
If the applicant becomes unwilling or unable to comply
with the construction schedule or any other requirement or conditions
attached to the approval of the application, and the Borough Engineer
or the Borough Construction Official certifies such unwillingness
or inability to the Planning Board, the Planning Board may thereupon
revoke approval of the application, after notice and hearing to the
applicant, and no further work may be performed on such site with
the exception of temporary measures necessary to stabilize the soil
and to protect the site from stormwater damage or other hazards created
by construction activity on the site.
A.
To meet the purposes, goals and standards set forth in this article, the applicable provisions of Article IV, Zoning, of this chapter, relating to minimum lot sizes and density of development shall be modified in areas of slopes greater than 10%, except that no lot need be larger than five acres.
(1)
Determination of modification.
(2)
The maximum number of dwelling units allowed
on any tract shall be computed as follows:
|
Land with thirty-percent or more slopes x 0.2
| ||
|
+
|
Land with twenty- to twenty-nine-percent slopes
+ 0.2
| |
|
+
|
Land with eleven to nineteen-percent slopes
+ 0.5
| |
|
+
|
Land with zero- to ten-percent slopes
| |
|
=
|
Total land available for development (TLD)
| |
|
TLD
Minimum lot area
required per
dwelling unit
|
=
|
Total number
of dwelling
units on
tract
|
B.
Development or improvements shall be discouraged on slopes of 30% or higher unless the applicant can demonstrate that extraordinary measures are proposed to be taken to minimize the impact on the environment. Applicants shall be encouraged to concentrate development on lesser slopes, and the Planning Board, in appropriate cases and with adequate safeguards, may authorize development on lots smaller than permitted in the zone in accordance with the provisions of Article IV, Zoning, regulating cluster development, provided that the total number of dwelling units does not exceed the maximum allowed after application of the density modification formula.
The maximum impervious surface permitted on
steep slopes shall be based on the percentage of slope as follows:
|
Slopes
(percent)
|
Maximum Impervious Surface
|
|---|---|
|
0 to 10
|
As permitted in Article IV, Zoning
|
|
11 to 19
|
50% of that permitted in the zone
|
|
20 to 29
|
20% of that permitted in the zone
|
|
30
|
The minimum permitted by the Planning Board
if development is permitted
|
