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.
The following words shall have the following meanings as used in this Article
XXIII and for purposes of this Article
XXIII:
CUT
A location where a slope has been steepened by an excavation.
DISTURBANCE
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.
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, and water
features.
MINOR DISTURBANCE
Any disturbance equal to or greater than 500 square feet,
but less than 1,000 square feet.
PERCENT SLOPE
The rise in feet divided by horizontal distance in feet,
with the result multiplied by 100.
REDEVELOPMENT
The construction of structures or improvements on areas which
previously contained structures or other improvements.
STEEP SLOPE
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.
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.
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.