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 and the degradation of surface
water and to maintain the natural topography and drainage patterns
of land.
Disturbance of steep slopes results in accelerated erosion processes
from stormwater runoff and the subsequent sedimentation of water bodies
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 chapter shall be applicable to new development or land
disturbance on a steep slope within the Borough of Harrington Park.
As used in this chapter, the following terms shall have the
meanings indicated:
DISTURBANCE
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
IMPERVIOUS SURFACE
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.
REDEVELOPMENT
The construction of structures or improvements on areas which
previously contained structures or other improvements.
STEEP SLOPES
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-five-tenths-foot rise over a ten-foot
horizontal run constitutes a fifteen-percent slope; and 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;
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 that
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
twenty-percent or greater slope.
A prompt investigation shall be made by the appropriate personnel of Borough of Harrington Park 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 may be initiated 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 Borough of Harrington Park, 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 chapter 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. Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to the penalties in Chapter
164, Fines and Penalties, in the discretion of the court.
This chapter shall take effect upon final adoption and publication
in accordance with the law on April 21, 2014.