A.
It is the purpose of this article to protect the health, safety and
welfare of people and property within the Borough of Lincoln Park
from improper construction, building or development on steep slopes.
More particularly, but without limitation, it is the purpose of this
article to reduce the peculiar hazards which exist in steep slope
areas by reason of erosion, siltation, soil slippage, surface water
runoff, pollution of potable water supplies from non-point sources
and the destruction of unique and predominant views. It is a further
purpose of this article to encourage appropriate planning, design
and development within steep slope areas which preserve and maximize
the best use of the natural terrain and maintain ridgelines and skylines
in tact. The Borough Council of the Borough of Lincoln Park has therefore
determined that the special and paramount public interest in these
environmentally sensitive steep slope areas justifies the regulation
of property affected thereby in the main as forth below in this section.
B.
As used herein "steep slopes" shall mean any portion of the ground
surface containing vertical slopes equal to or greater than 15%.
C.
In order to satisfy the purposes of this article, all subdivisions,
site plans, grading plans and other development plans shall comply
with the following requirements:
(1)
The applicant shall prepare and submit to the appropriate reviewing
authority a slopes map based on two-foot contour intervals, delineating
by category slope classes of 0% to 14.9%, 15% to 19.9%, 20% to 24.9%
and 25% and greater. Slope maps shall identify slope classes by color
as follows: 0% to 14.9% shall be white, 15% to 19.9% shall be yellow,
20% to 24.9% shall be blue, and 25% and greater shall be red. The
slope map shall include a calculation of the area of proposed disturbance
within each slope class within all existing and/or proposed lots,
as well as within any proposed road right-of-way.
(2)
Those areas with slopes ranging from 0% to 14.9% are not restricted
against development under this section.
(3)
Within slope areas of 15% to 19.9%, not more than 50% of such
areas shall be disturbed for development, regraded or stripped of
vegetation.
(4)
Within slope areas of 20% to 24.9%, not more than 33 1/2%
of such areas shall be disturbed for development, regraded or stripped
of vegetation.
(5)
Within areas having slopes of 25% or greater, no development,
regrading or stripping of vegetation shall be permitted unless such
activity is essential for the construction of a roadway or driveway
crossing, required utility construction, stormwater management control
facility or other like necessary improvement. The applicant must demonstrate
to the satisfaction of the reviewing board, or other official having
jurisdiction, that such disturbance activity is necessary to fulfill
the essential service requirements of the development and that there
is no practical alternative to it.
(6)
Whenever disturbance of steep slopes is proposed in connection with any application for a grading permit pursuant to § 17-12.2 et seq., detailed grading plans and architectural plans must be submitted for review. The plans shall be designed to ensure that drainage and/or erosion problems will not result from the proposed development. The architecture of all buildings shall be specifically designed to accommodate the topography. Roads and driveways shall be designed to follow the natural topography to the greatest extent possible in order to minimize disturbance of steep slope areas. Nothing in this section shall be construed to limit the scope or applicability of § 17-12.2.
(7)
As a condition of approval of any application for development
of any lot containing areas of slope in excess of 14.9%, the applicant
shall be required to record in the land records of the Clerk of Morris
County a mapped description of the limits of such steep slope areas,
together with a bold print notice that no land disturbance or other
activity may be undertaken therein, except in conformance with the
requirements of this section of the Code of the Borough of Lincoln
Park.
(8)
Whenever any variance or grading permit is sought for any addition
to or modification of an existing single-family detached or two-family
detached dwelling and/or the lot on which it is located, the Zoning
Board of Adjustment, when acting on a variance, and the Borough Engineer
or Planning Board, when acting on a grading permit, may waive the
requirements of this section (to the extent they are applicable) when
it is reasonably clear to the reviewing authority that there exist
no on-site slopes in excess of 14.9% or that any slopes in excess
of 14.9% are remote from the areas of proposed development and/or
disturbance. Nothing herein shall authorize or permit any disturbance
of or activities within slopes in excess of 14.9%.[1]
