[Added 10-1-2012 by Ord. No. 12-18]
A.
The purpose of this article 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.
B.
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.
This article shall be applicable to new development or land
disturbance on a steep slope within the Township of North Brunswick.
As used in this article, 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.
For steep slopes any disturbance shall be prohibited except
as provided below:
A.
Redevelopment within the limits of existing impervious surfaces.
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; or, to prevent an extraordinary and exceptional situation uniquely
affecting a specific property that would create a hardship affecting
the property, preventing a minimum economically viable use of the
affected property based upon reasonable investment, provided that
the hardship was not created by the property owner, for example, redevelopment,
within the footprint of existing impervious cover should be allowed
to support efforts to revitalize development that has fallen into
disrepair.
C.
The applicant shall demonstrate through site plans depicting proposed
development and topography that new disturbance is not located in
areas with a twenty-percent or greater slope.
A.
A prompt investigation shall be made by the appropriate personnel
of the Township of North Brunswick, of any person or entity believed
to be in violation hereof. If upon inspection, a condition which is
in violation of this article 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 commenced
by the filing and serving of appropriate process. Nothing in this
article shall be construed to preclude the right of the Township of
North Brunswick, 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 article 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 article. Each day a violation
continues shall be considered a separate offense.
B.
Any person who erects, constructs, alters, repairs, converts, maintains,
or uses any building, structure or land in violation of this article
shall be subject to a fine not exceeding $2,000 or imprisonment for
a term not exceeding 90 days, or both. Each day in which such violation
continues shall constitute a separate violation or offense. Nothing
herein contained shall prevent the Township of North Brunswick from
taking such other lawful action as is necessary to prevent or remedy
any violation.
