[Added 4-4-2016 by Ord.
No. 3-16]
The purpose of this article is to regulate the degree of disturbance
of 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.
Disturbance of steep slopes results in accelerated erosion processes
from stormwater runoff, soil loss, changes in natural topography and
drainage patterns, increased flooding potential, further fragmentation
of forest and habitat areas, and compromised aesthetic values. The
Township Council desires to regulate the disturbance of steep slopes
to ensure against the adverse consequences of such disturbances.
A.
The governing body of the Township of Verona recognizes that the Township is almost fully developed and that most of the lots in the higher density residential zones are developed and that the impact of disturbance of steep slopes on or otherwise developing and redeveloping such lots, whether currently developed or not, will not have the same adverse consequences as disturbance of previously undeveloped larger lots or of redevelopment of larger lots. As such, all properties in the following zones are exempt from the provisions of this Article XXIII:
B.
Despite anything contained herein to the contrary, this Article XXIII shall not apply to an application for a minor subdivision that seeks only to modify an existing lot line without creating a disturbance.
C.
Except as otherwise specifically set forth, this chapter shall apply
to new development, redevelopment or land disturbance on a steep slope
on all properties within the Township of Verona. The Planning Board
or Zoning Board of Adjustment shall review all plans submitted under
this chapter as part of any application for a construction permit,
site plan approval, or subdivision approval. The Township Engineer,
in all cases, shall review all applications for compliance with this
chapter. Applicability of the ordinance may be contested by demonstration
to the satisfaction of the Township Engineer that no area on the subject
property (or proposed or future subdivision thereof) meets the criteria
for the presence of a 15% or greater slope. Once demonstrated, the
subject property, or subdivision thereof, shall be considered to be
exempt from the requirements set forth herein.
The following words shall have the following meanings as used in this Article XXIII and for purposes of this Article XXIII:
A location where a slope has been steepened by an excavation.
Any new disturbance less than 500 square feet.
The placement of impervious surface, the construction of
a structure, the exposure or movement of soil or bedrock, or the clearing,
cutting, or removing of vegetation. The planting of any vegetation
in and of itself shall not be considered a disturbance.
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, and water
features.
Any disturbance of 1,000 square feet or greater.
Any disturbance equal to or greater than 500 square feet,
but less than 1,000 square feet.
The rise in feet divided by horizontal distance in feet,
with the result multiplied by 100.
Any slope of 15% or greater but less than 25%.
Any slope of 25% or greater.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
Any slope equal to or greater than 15% as measured over any
minimum run of 10 feet, perpendicular to the contour of the slope,
based on contour intervals of two feet or less.
Steep slope areas shall be designated or excluded based on site-specific
topographic mapping to be prepared by a land surveyor licensed in
the State of New Jersey, or utilizing best available topographic information
as determined by the Township Engineer. The percent of slope (rise
in feet per horizontal distance in feet) shall be established by measurement
of distance perpendicular to the contour of the slope for the disturbed
area. The percent of slope shall be calculated for each two-foot contour
interval. For example, any location on the site where there is a 1.0-foot
rise over a 10.0-foot horizontal run constitutes a 10% slope; a 1.5-foot
rise over a 10.0-foot horizontal run constitutes a 15% slope; and
a 2.5 foot rise over a 10.0-foot horizontal run constitutes a 25%
slope. Previously existing artificially created landscaping features
or construction elevation changes, such as, but not limited to, retaining
walls, garden mounds or the transitions between terraces, or the creation
of a railroad bed, shall be exempt from consideration in calculating
slopes for designation of areas under this chapter. However, if the
nominal slope of the land supporting such a feature meets the definition
of a steep slope, irrespective of the existence of the feature, it
shall be included as a designated area. Land development plans which
received planning or Zoning Board approval prior to the adoption date
of this chapter shall be exempt. Proof of exemption eligibility shall
be determined by the Construction Official.
For designated steep slope areas, any nonexempt disturbance
shall require a permit under this chapter, except as provided below
as confirmed by the Township Engineer:
A.
Redevelopment
(or rebuilding after a disaster) within the limits of existing impervious
surfaces.
B.
Addition
to an existing single-family home where new disturbance to a precautionary
slope area is less than 500 square feet (i.e., a de minimis disturbance).
C.
New
disturbance necessary to protect public health, safety or welfare,
such as necessary linear development with no feasible alternative,
or to provide an environmental benefit, such as remediation of a contaminated
site.
Applicants for a construction permit, site plan approval, or
subdivision approval shall submit to the Construction Office all information
and documents required by this chapter in the same form as applications
for subdivision approval or site plan approval.
A.
For all subdivisions and site plans regulated under this chapter
(minor and major) the following exhibits shall be submitted:
(1)
A topographic map, prepared, signed and sealed by a New Jersey
licensed land surveyor showing existing contours at two foot intervals.
(2)
Areas clearly identified on the topographic map showing the
following slopes as measured between two-foot contour lines designated
as Areas 1 through 3: a) Area 1. 0% to 14.9% (nonregulated slopes);
b) Area 2. 15% to 24.9% (precautionary slopes); c) Area 3. 25% or
greater (prohibitive slopes).
(3)
Calculations, in square feet and acres, of amount of area in
the various slope categories listed above.
B.
Where development is proposed on steep slopes (i.e., equal to or
greater than 15%) as part of preliminary subdivision approval, or
preliminary site plan approval, the following additional exhibits,
prepared, signed and sealed by a New Jersey licensed professional
engineer, shall be submitted:
(2)
Additionally, for major disturbances (> 1,000 square feet):
(a)
Erodibility potential of exposed soils.
(b)
Length, steepness and surface roughness of exposed slopes.
(c)
Resistance of soil to compaction and stability of soil aggregates.
(d)
High water table, water infiltration capacity and capacity of
soil profile.
(e)
Any other engineering data which shall be deemed reasonably
necessary by the Township Engineer to determine compliance with this
section.
A.
No soil shall be excavated, removed, deposited, or disturbed within an area of steep slopes except as a result of and in accordance with a site plan or subdivision approved under the terms of this Chapter 150, Zoning, and Chapter 440, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations. Proposed disturbances of soil shall be for purposes consistent with the intent of this chapter and it shall be executed in a manner consistent with Chapter 150, Zoning, and Chapter 440, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations.
B.
Provisions shall be made for the proper disposition of surface water runoff so that it will be in a manner consistent with Chapter 150, Zoning, and Chapter 440, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations. Appropriate temporary and permanent storm drainage facilities shall be constructed to adequately protect downstream properties.
C.
Any proposed vehicular facilities, including roads, drives, or parking areas, shall be so designed that any land disturbances shall be in compliance with Chapter 150, Zoning, and Chapter 440, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created. Existing grades along the center line of any proposed driveway shall not exceed 15%. The connection of any driveway to a street shall be by a vertical curve of sufficient radius to provide a smooth transition. The horizontal angle of intersection of a driveway with a street shall not be less than 60°.
D.
Fill shall be "clean" and when placed on the lot shall be properly
stabilized and when found necessary, depending upon existing sloped
and soil types, supported by retaining walls or other appropriate
structures as approved by the Township Engineer.
E.
All cuts shall be supported by retaining walls or other appropriate
structures when, depending upon the nature of the soil characteristics,
such structures are found necessary by the Township Engineer to prevent
erosion.
F.
Walkway slopes shall not be in excess of 6% unless the construction
of a ramp is required and steps are provided.
G.
Compaction of fill. Fill material shall not consist of or include
organic material, nor rocks greater than eight inches in diameter.
Fill material shall be compacted at least 90% of the maximum density.
H.
Vegetation and revegetation. For major disturbances, the permittee shall submit a stabilization and revegetation plan prepared, signed and sealed by a New Jersey licensed professional engineer which shall include a complete description of the existing vegetation, the vegetation to be planted, and slope stabilization measures to be installed. The revegetation and slope stabilization plan shall be submitted with the grading plan. Every effort shall be made to conserve topsoil which is removed during construction for later use on areas requiring vegetation or landscaping, e.g., cut and fill slopes. All disturbed soil surfaces shall be stabilized pursuant to Chapter 150, Zoning, and Chapter 440, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations.
I.
Every effort shall be made to preserve the maximum number of trees
and other existing vegetation on the site and to avoid disturbance
of the critical upland forest areas, and to preserve the unique and
predominant views.
J.
It shall be presumed that upon compliance with all of the requirements
set forth in this section, de minimus and minor disturbances shall
be permitted on all steep slopes.
K.
It shall be presumed that upon compliance with all of the requirements
set forth in this section, major disturbances shall be permitted on
no more than 50% of an area identified as a precautionary slope.
L.
It shall be presumed that upon compliance with all of the requirements
set forth in this section, major disturbances shall be permitted on
no more than 5% of an area identified as a prohibitive slope.
M.
Major disturbances on more than 5% of a prohibitive slope shall not be permitted unless the applicant can demonstrate to the Planning Board or the Zoning Board of Adjustment as the case might be, that some disturbance is necessary otherwise the applicant will have no ability to utilize the property on which the slope is located for any purpose permitted within the zone in which the property is located. By way of example and not limitation, should a major disturbance of a prohibitive slope be necessary to allow ingress/egress to a property, and should failure to allow disturbance of a prohibitive slope effectively prohibit all reasonable development on a property otherwise developable in accordance with other sections of this Code, including those developments that require variances and/or waivers herein, the Planning Board or Zoning Board shall allow such disturbance provided that the applicant meets all of the requirements set forth in this § 150-23.9. No exception to a prohibition against building on a prohibitive slope in accordance with this subsection shall be granted if the property owner can create or build upon the lot on which the prohibitive slope is located without the benefit of such exception.
All variances relating to this chapter are deemed to be "C"
variances. It is the intent and purpose of this chapter to provide
bulk limitations which may be deviated from only in accordance with
"C" variance standards.
A.
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this chapter
at the time of the passage of this chapter are hereby superseded to
the extent of any inconsistency or conflict, and the provisions of
this chapter apply.
B.
Severability.
(1)
Interpretation. This chapter shall be so construed as not to conflict
with any provision of New Jersey or federal law.
(2)
Despite that any provision of this chapter is held to be invalid
or unconstitutional by a court of competent jurisdiction, all remaining
provisions of the ordinance shall continue to be of full force and
effect.
(3)
The provisions of this chapter shall be cumulative with, and not
in substitution for, all other applicable zoning, planning and land
use regulations.
The requirements of this chapter shall be enforced by the Township
Engineer or his designee who shall conduct investigations when any
person or entity is believed to be in violation hereof. Any person
or entity that violates any provision of this chapter shall, upon
conviction thereof, be punished by a fine not exceeding $2,000 and
shall be ordered to stabilize the disturbed area and return the disturbed
area to its previously existing condition. 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.
The owner of the property, all successors and any other person
or agent in control of the property shall properly maintain in good
condition and promptly repair and restore all improvements permitted
under this chapter.
Following completion of construction or other activity, the
owner shall apply for approval by the Township Engineer or his designee.
Such approval shall not be issued until the Township Engineer or his
designee certifies that all matters are in compliance with the plans
submitted pursuant to this chapter.
