[Amended 5-7-1991 by Ord. No. 91-4]
All uses and activities established after the
effective date of this chapter shall comply with the following standards.
[Amended 5-7-1991 by Ord. No. 91-4]
All applications for subdivisions, site plans
and zoning permits shall include maps delineating the natural and
historic features of the site. In addition, the application shall
clearly identify the natural resource restrictions associated with
each type of resource as calculated in the tables below.
[Amended 5-7-1991 by Ord. No. 91-4]
A. Purpose and intent.
(1) The intent of this section is to encourage the conservation
of the valuable and environmentally sensitive natural features and
resources within the Borough, so as to prevent the long-term degradation
of the environment to the common benefit of the community; in conformance
with the purpose of the New Jersey Municipal Land Use Law (NJ-MLUL),
N.J.S.A. 40:55D-20; and in furtherance of the Environmental Zoning
Policies established in the Land Use Plan Element of the Comprehensive
Master Plan for the Borough of Glen Gardner, dated April 1989, herein
incorporated by reference. The explicit purpose of the following sections
is to promote sound development practices by limiting, restricting
and prohibiting development from areas of a site, parcel, tract or
lot that are not appropriately suited for said development activity;
and by doing so, guiding, to the greatest extent practicable, said
activities in other areas within the same site, parcel, tract or lot,
which are intrinsically suited for site disturbance and/or development
activities. This section is specifically not intended to reduce or
otherwise limit gross density as defined by the NJ-MLUL and this chapter.
(2) Therefore, the following sections and the process
contained therein is an integral component and fundamental basis for
the planning and design of all sites, parcels, tracts and lots within
the Borough of Glen Gardner and shall be complied with unless otherwise
provided in the relief waiver section of this chapter.
B. Applicability. The following calculations shall be
submitted with all informal sketch, preliminary and tentative plans
by a developer for all subdivisions and site plans with the exception
of those nonresidential uses proposed in the Commercial Office District
and all uses proposed in the Village Residential 1 District, unless
otherwise provided.
C. Determination of net buildable site areas. The net
buildable site area is that portion of the site, parcel, tract or
lot that is most suited for site disturbance and development activities.
In determining the net buildable site area, the following form shall
be used:
(1) Calculation for gross site area.
(a)
Take the site area as determined by actual property
survey: ________ acres.
(b)
Subtract the following:
[1]
Land within existing public rights-of-way: ________
acres.
[2]
Land areas previously deed restricted from any
further development, including but not necessarily limited to conservation
easements, restrictive covenants and the transfer of development rights:
________ acres.
(c)
Equals gross site area: ________ acres.
(2) Calculation of resource protection land. The following calculations are intended to determine the extent of the natural resources present on a site, parcel, tract or lot by utilizing the information gained in §
104-25 above, and thereby determining the amount of land area required to be undisturbed within proposed subdivisions and site plans.
(a)
In the event that two or more resources overlap,
only the resource with the highest resource protection ratio shall
be used.
(b)
Table of Natural Resource Restrictions.
Data Maps
|
Natural Resources
|
Minimum Required Resource Protection
Ratio
|
Acres of Land in Natural Resource
|
Resource Protection Land
(Column I x Column II)
|
---|
|
|
I
|
II
|
III
|
---|
Hydrologic surface features:
|
|
|
|
|
Floodplains
|
1.00
|
____
|
____
|
|
Floodplain soils
|
1.00
|
____
|
____
|
|
Waterbodies
|
1.00
|
____
|
____
|
|
Watercourses
|
1.00
|
____
|
____
|
|
Wetlands
|
1.00
|
____
|
____
|
Slopes:
|
.50
|
____
|
____
|
|
10% less than 20%
|
.80
|
____
|
____
|
|
20% less than 30%
|
1.00
|
____
|
____
|
|
30%+
|
|
|
|
Woodland associations:
|
|
|
|
|
Floodplain
|
.90
|
____
|
____
|
|
Meisic
|
.70
|
____
|
____
|
|
Upland
|
.50
|
____
|
____
|
Total resource protection land:
|
|
|
____ acres
|
(3) Calculation for minimum open space and net buildable area. The determination of a site, tract or parcel's net buildable area is intended to be the fundamental component and key determinant in locating lots within a subdivision and structures within a nonresidential lot. For all subdivisions and site plans, the total resource protection land or minimum required open space, as determined below, shall apply to the entire site and not on a lot-by-lot basis, provided that the total allowable net buildable portion of the site, as determined in Subsection
C(3)(c) below, is not exceeded.
(a)
Method I:
|
____ acres
Gross site area
|
x ____
Open space ratio from Article IV
|
= ____ acres
Minimum required open space
|
(b)
Method II:
|
Total resource protection land as determined in Subsection C(2)(b) of this chapter:
|
____ acres
|
(c)
Minimum required open space and maximum net
buildable area. The minimum required open space for all subdivisions
and site plans shall be the area as determined in Method I or II above,
whichever is greater. The following calculation is required to determine
a site, parcel or tract's net buildable area:
|
____ acres
Gross site area
|
— _____ acres
Minimum required open space
|
= _____ acres
Maximum net buildable area
|
D. Determine maximum number of permitted dwelling units
for cluster subdivisions:
[Amended 10-7-2003 by Ord. No. 2003-9]
|
____ acres
Gross site area
|
x _____ DU/acre
Maximum permitted gross density per residential
use
|
= _____ dwelling units
Total number of permitted dwelling units (round
up if figure is equal to or greater than .5; round down if under
.5)
|
E. Determine maximum number of permitted lots for conventional
subdivisions:
|
____ acres
Gross site area
|
x _____ acre
Minimum lot size
|
= _____ lots
Total number of permitted lots
|
F. Maximum permitted impervious surface coverage for
all nonresidential uses. The following calculation for maximum permitted
impervious surface ratio shall be required for all nonresidential
development plans:
|
____ acres
Gross site area
|
x _____
Maximum impervious surface ratio
|
= _____ acres
Maximum lot coverage
|
[Amended 5-7-1991 by Ord. No. 91-4]
A. General.
(1) The natural resource restrictions, as contained herein,
shall apply to all uses.
(2) All proposed subdivisions and site plans, either wholly or partly within resource protection lands as identified in §
104-26C(2)(b), shall be subject to the following restrictions, unless specifically exempt as provided by this section:
(a)
All proposed site plans and subdivisions the
area of which is either wholly or partly within resource protection
lands shall have an earth disturbance plan as part of the preliminary
plan submission.
(b)
Contents of an earth disturbance plan:
[1]
A metes and bounds base map.
[2]
The location, type and extent of all natural
features and resources on the site, parcel or tract.
[3]
The areas and limits of all primary and ancillary
grading and earthwork.
[4]
The delineation by conservation easement of the earth disturbance envelope(s) of the site, parcel or tract. The total land area within the conservation easement(s) shall not be less than the total required open space as determined in §
104-26C(3)(c). Said conservation easements may include open space and resource protection lands either in public or private ownership as the case may be.
[5]
A general plan note clearly indicating that
all earth disturbance is strictly limited to the areas within the
earth disturbance envelope(s) of the site, parcel or tract.
(c)
The total earth disturbance of any site, parcel or tract shall not exceed the net buildable area of that site, parcel or tract as established by §
104-26C(3)(c).
(3) Site alterations, regrading, filling or clearing of
vegetation prior to approval of final plan by the Planning Board shall
be a violation of this chapter. However, this section shall not prohibit
any land management practices that may be necessary for the ecological
improvement of any stream, pond, lake or wetland or for forest production,
provided that all applicable permits have been obtained from the regulatory
authority with jurisdiction over such activity.
(4) Areas with natural resource restrictions should, to
the greatest extent possible, be left undisturbed and not occupied
by structures, driveways, on-lot septic systems or other requirements.
B. Requirements for all uses.
(1) Floodplain and floodplain soils. All such lands shall remain as open space. No structures, filling, piping, diverting or stormwater detention basins shall be permitted in the floodplain, unless the use, activity or development occurring in the floodplain is in strict compliance with §
104-29 and all other applicable codes, ordinances and laws.
(2) Wetlands, waterbodies and watercourses. These areas
shall remain as open space. No development, filling, piping or diverting
shall be allowed unless specifically permitted by the state or federal
agency having jurisdiction over said activity.
(3) Steep slopes.
(a)
In areas of steep slopes, i.e., those above
10%, the following standards shall apply:
[1]
10% less than 20% slopes: No more than 50% of
such areas shall be developed and/or regraded or stripped of vegetation.
[2]
20% less than 30% slopes: No more than 20% of
such areas should be developed and/or regraded or stripped of vegetation.
[3]
30%+ slopes: No such areas shall be developed
and/or regraded or stripped of vegetation.
(b)
Application for building permits in areas of
10% slope or greater shall include the following information:
[1]
Site plan of property at a scale of one inch
equals 50 feet indicating existing grades with contour lines at two-foot
intervals and proposed grades within the area of the proposed construction;
[2]
Landscaping plan indicating proposed paved areas,
storm drainage facilities, retaining walls and ground cover, as well
as the locations of trees and ornamental shrubs;
[3]
Architectural plans, elevations and sections
of the structures and related improvements;
[4]
A statement prepared by a licensed architect,
certified landscape architect or professional engineer stating an
explanation of the methods to be used in overcoming foundation and
other structural problems created by slope conditions, in preserving
the natural watershed and in preventing soil erosion; and
[5]
A plan submitted under the seal of a licensed
professional engineer showing and certifying the following:
[a] All existing and proposed natural
and artificial drainagecourses and other features for the control
of drainage, erosion and water;
[b] The calculated volume of water
runoff from the slopes and from the lot in question, as unimproved;
[c] The calculated volume of water
runoff from the slopes and from the lot in question, as improved;
[d] The existence, location and capacity
of all natural and artificial drainage courses and facilities within
500 feet of the lot which are or will be used to carry or contain
the water runoff from the slope and the lot; and
[e] The effect of any increased water
runoff on all adjacent properties and any other property which will
be materially affected by increased water runoff.
(c)
Grading and erosion control. During the preparation of installation of and use of areas coming under this section, the developer shall meet the requirements specified in Article
XXIII, Stormwater Management, and Article
XXIV, Soil Erosion and Sediment Control.
[1]
No increased erosion will occur as a result
of the planned development after the complete development of the lot.
[2]
No increased water runoff will occur which will
materially and adversely affect any property other than the lot to
be developed.
(d)
Exemptions. Lands qualifying under one or more
of the following provisions may, at the discretion of the Planning
Board, be exempt from the steep slope provisions of this section:
[1]
Areas of steep slopes that are less than 3,000
square feet in area.
[2]
Previously and substantially developed lots.
[3]
That portion of land directly affected by the
location of a Master Plan road or other community facility as determined
necessary by the Planning Board. Only the minimum relief required
to accomplish the municipal planning objective is subject to said
exemption.
[4]
The requirements of this section do not apply
on a lot-by-lot basis, provided that the lot or lots in question have
been the subject of a prior site plan or subdivision approval, and
further provided that all provisions of said site plan or subdivision
approval are met.
(4) Woodland associations. In all wooded areas the following
associations shall be subject to the following restrictions when the
area of each individual association is greater than 1/4 acre:
(a)
General provisions. For all healthy trees of
a girth greater than 10 inches as measured at a point four feet above
grade, the following standards shall apply.
[1]
Live trees of girth greater than 10 inches measured
at a point four feet above grade shall not be removed in connection
with a site plan or subdivision unless specifically permitted by the
Planning Board.
[2]
No greater than 1/3 of the roots may be disturbed
by the removal of topsoil or paving, provided that a corresponding
amount of the canopy has been removed by a trained arborist.
[3]
Any filling within 35 feet of the trunk shall
require a tree well and/or aeration channels in accordance with the
standards of the American Association of Nurserymen, Inc.
(b)
Floodplain association. No more than 10% of
such areas shall be developed and/or regraded or cleared of vegetation.
The balance shall remain as open space.
(c)
Meisic association. No more than 30% of such
areas shall be developed and/or regraded or cleared of vegetation.
The maximum width of any new clearing shall not exceed 1 1/2
times the height of the canopy. The minimum width of remaining stands
of trees shall not be less than three times the height of the canopy.
The remaining 70% of the woodland shall remain as permanent open space
and shall be protected during construction from root compaction by
equipment and material.
(d)
Upland association. No more than 50% of such
area shall be developed and/or regraded or cleared of vegetation.
The minimum width of remaining stands of trees shall not be less than
three times the height of the canopy. The remaining 50% of the woodland
shall remain as permanent open space and shall be protected during
construction from root compaction by equipment and material.
(e)
Exemptions. On existing or proposed wooded lots,
exemptions to the woodlands standards may be permitted, provided that
the following provisions are met and approved by the Planning Board:
[1]
The Planning Board may, by granting a waiver, allow for tree removal when said removal will not adversely affect the intent of this section or the utility and character of the overall foliage of the parcel or lot in question. In no case shall removal of trees exceed the standards for steep slopes or woodland protection within Subsection
B(3) and
B(4), respectively. In addition, the provisions of this section shall not apply to a landowner who wishes to remove an individual tree not in conjunction with a site plan or subdivision.
[2]
That portion of land directly affected by the
location of a Master Plan road or other community facility as determined
necessary by the Planning Board. Only the minimum relief required
to accomplish the municipal planning objective is subject to said
exemption.
[3]
The requirements of this section do not apply
on a lot-by-lot basis, provided that the lot or lots in question have
been the subject of a prior site plan or subdivision approval, and
further provided that all provisions of said site plan or subdivision
approval are met.
(5) Trees on wooded lots. Any clear-cutting of trees on
a wooded lot will require a woodland management plan approved by the
Planning Board. To assure compliance with this section, a permit shall
be issued by the designated Borough official prior to the actual commencement
of any regulated clear-cutting activity.
(6) Stormwater. All developments shall limit the rate of stormwater runoff so that no greater rate of runoff is permitted than that of the site in its predevelopment conditions. The provisions for runoff calculations outlined in Article
XXIII of this chapter shall apply.
(7) Soil erosion and sedimentation. All developments shall protect watercourses and waterbodies from sedimentation damage and shall control erosion in accordance with the New Jersey statutes, except that, in addition, all developments shall submit a soil erosion and sedimentation control plan as required by Article
XXIV, Soil Erosion and Sediment Control, of this chapter.