[HISTORY: Adopted by the Township Committee of the Township
of Cranbury 5-9-2011 by Ord. No. 03-11-07. Amendments noted where applicable.]
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.
A.
Disturbance of steep slopes results in accelerated erosion processes
from stormwater runoff and the subsequent sedimentation of waterbodies
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.
B.
At the time of adoption of this chapter the requirements set forth
were consistent with those found in the State of New Jersey's
Water Quality Management Planning rule (N.J.A.C. 7:15).
This chapter shall be applicable to new development or land
disturbance on a steep slope within Cranbury Township.
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 10% slope; a one-and-a-half-foot rise over a ten-foot horizontal
run constitutes a 15% slope; a two-foot rise over a ten-foot horizontal
run constitutes a 20% slope.
For steep slopes any disturbance shall be prohibited except
as provided below:
A.
Redevelopment within the limits of existing impervious surfaces;
and
B.
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. The applicant shall demonstrate
through site plans depicting proposed development and topography that
new disturbance is not located in areas with a 20% or greater slope.
A.
A prompt investigation shall be made by the appropriate personnel
of Cranbury Township 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 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, by the filing and serving of appropriate
process. Nothing in this chapter shall be construed to preclude the
right of Cranbury Township 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 Ordinance 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.
B.
Any person, firm or corporation violating any provisions of this
chapter shall, upon conviction thereof by any court authorized by
law to hear and determine the matter, be fined such sum not exceeding
$500, as such court, in its discretion, may impose; or, if the party
so convicted is a natural person, such person may be imprisoned for
such term not exceeding 90 days, as such court in its discretion may
impose, or be fined a sum not exceeding $500, as such court in its
discretion may impose, or such natural person may be both imprisoned
and fined not exceeding the maximum limits set forth herein, as such
court in its discretion may impose. Each day that such violation continues
beyond a ten-day period following written notice by the Construction
Official or the Zoning Officer served by certified or registered mail
or personal service shall constitute a separate offense.
