[Added 9-12-2017 by Ord.
No. 2017-014]
The following definitions are applicable to this article:
Land where the grade is 15% or greater.
Any alteration or change to the natural terrain (including
soil and vegetation). This term includes any activity involving the
grading or filling of a site but does not include restoration or stabilization
of an existing condition.
An elevated deposit of soil, rock or other materials either
constructed or natural.
The percent of rise or descent of a sloping surface. For
example, a grade of 15% corresponds to a fifteen-foot vertical change
in elevation for every 100 feet of horizontal distance. (Refer to
accompanying slope diagram for further clarification.)[1]
Grasses or other vegetation used in the stabilization of
soils.
A structure constructed and erected between lands of different
elevations to protect structures and/or to prevent erosion and which
is minimally four feet in height.
The deviation of a surface from the horizontal, usually expressed
in percent.
[1]
Editor's Note: Said slope diagram is on file in the Borough
offices.
All applications for minor and major subdivision or site plan
approval, or for a permit for construction, grading or clearing of
any lot, except for a permit to construct upon premises of a one single-family
dwelling and except as otherwise provided in the definition of "disturbance"
herein or exempted in this chapter, shall be evaluated for the presence
of critical slope areas.
A.
Slope categories. The applicant shall prepare and submit a slope
analysis for the entire site (including proposed roadways and common
areas), and each proposed or existing lot. The property shall be evaluated
to determine the presence of critical slope areas in the following
categories:
|
Table 1
| |
|---|---|
|
Slope Analysis Categories
| |
|
Slope Category
|
Percent Grade
|
|
1
|
15% but less than 20%
|
|
2
|
20% but less than 25%
|
|
3
|
25% or greater
|
B.
Slope analysis. The slope categories shall be identified on a plan
drawn at a scale as required by the Borough's site plan or subdivision
submission requirements. It shall show the existing and proposed topographic
contours at two-foot intervals and delineate the categories of critical
slope areas as shown in Table 1 above. Existing contours shall be
shown for a minimum distance of 25 feet beyond the property boundaries.
C.
Additional information required. The analysis provided by the applicant
shall contain the following additional information:
(1)
It shall delineate and quantify those areas proposed for disturbance.
The applicant shall provide a table showing the calculation of disturbed
area in square feet and as a percent of the lot area, for each proposed
lot.
(2)
It shall identify soil types present on the property, with specific
reference to highly erodible soils as identified by the United States
Department of Agriculture Soil Conservation Service.
(3)
Details on how the proposed construction will minimize adverse impacts
upon existing natural features of the lot shall be provided.
(4)
Plans and specifications for any retaining walls, steps, fences or
other protective structures shall be provided.
A.
Maximum disturbed area.
(1)
No buildings, improvements or structures, including roads, driveways
or parking areas, shall be constructed, nor shall any displacement
of soil or removal of vegetation occur within critical slope areas,
except in accordance with the following schedule provided below in
Table 2:
|
Table 2
| |||
|---|---|---|---|
|
Permitted Levels of Disturbance in Critical Slope Areas
| |||
|
Area
|
Slope Category
|
Percent Grade
|
Maximum Disturbed
|
|
Slope
|
1
|
15% but less than 20%
|
50% of area in Category 1
|
|
Slope
|
2
|
20% but less than 25%
|
45% of area in Category 2
|
|
Slope
|
3
|
25% or greater
|
35% of area in Category 3
|
(2)
For a subdivision proposal, calculation of disturbed area is based
on each individual lot, not the entire tract as a whole. Common areas
are also subject to the maximum disturbed area. Roadways are exempt
from the above limits of disturbed area but are subject to the maximum
permitted grade provisions of the Residential Site Improvement Standards.
B.
Limit of disturbance. A limit of disturbance line shall be established,
in accordance with the definition of "disturbance area" of this chapter,
to preserve existing vegetation on each proposed lot.
C.
Variance required. Disturbance of steep slopes in an amount greater than indicated in Subsection A able shall require a variance.
D.
Performance standards. The Borough Engineer, when reviewing an application
to disturb slopes which are subject to the provisions of this article
or when reviewing an application for variance relief from the requirements
of this chapter, shall submit a report to the Planning Board or Board
of Adjustment for each application. The Planning Board or Board of
Adjustment shall be guided by, but not limited to, the following performance
standards:
(1)
The applicant shall demonstrate that the disturbance of the steep
slope area is necessary for the proposed development of the subject
tract or lot and that such development is otherwise in accordance
with the applicable ordinance provisions of the Borough of Park Ridge.
(2)
The applicant shall demonstrate that the proposed development has
utilized the noncritical areas of the tract to the extent reasonably
practicable and that an attempt has been made to minimize the disturbance
of the steep slope areas by limiting development to either isolated
areas of steep slopes and/or to those slopes with relatively less
of a steep grade.
(3)
The applicant shall demonstrate that appropriate revegetation and
landscaping of the disturbed steep slope areas has been provided to
adequately stabilize the slopes and enhance the attractiveness of
the site, all in accordance with accepted soil conservation and stormwater
management techniques as promulgated by the Bergen County Soil Conservation
District and the Borough Engineer.
(4)
The applicant shall demonstrate that the proposed disturbance of
the steep slope area minimizes the impairment of the visual quality
of the site and protects the higher elevations along hillsides, ridges,
and mountaintops which create visual amenities.
(5)
The applicant also shall demonstrate that:
(a)
The geologic disturbance, including blasting, cutting, or excavating,
resulting from the development of any steep slope area will be satisfactorily
mitigated; and
(b)
The cost of providing and maintaining public facilities and
services to those areas where critical steep slope areas may be disturbed
will not be substantially increased as a result of such disturbance.
E.
Exceptions. Irrespective of the above regulations, an applicant may
regrade a steep slope area, provided that in no event shall the applicant
disturb or regrade more than 500 square feet of the tract to be developed.
The Planning Board or Zoning Board of Adjustment may allow the disturbance
and development of small isolated pockets of steep slopes, provided
that the disturbance does not exceed 500 square feet.
A.
Permit. No owner or person shall cause, allow, permit any development
that would be subject to the provisions of this chapter without first
obtaining a steep slope permit therefor as in accordance with the
provisions of this chapter.
B.
Applications. Applications for steep slope permits shall be filed
with the Borough Building Department and the Borough Engineer, who
shall determine whether an application requires a steep slope permit.
C.
Prior to the review of an application for a steep slope permit, the
Borough Engineer shall make an inspection of the site from which,
to which or upon which the site is to be disturbed and shall make
such engineering studies as may be required to determine the effect
of the disturbance of soil at the location as it relates to:
(1)
Soil erosion by water and wind.
(2)
Surface and subsurface water drainage and sanitary and septic disposal
systems.
(3)
Soil fertility.
(4)
Lateral support of abutting streets and lands.
(5)
Public health and safety.
(6)
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical and aesthetic development of the
Borough.
D.
The Borough Engineer shall also inspect the aforesaid site to determine
whether stakes should be placed on each corner thereof and whether
grade stakes should be placed at the existing elevation points designated
on the topographical map.
E.
Upon completion of all inspections, the Borough Engineer shall make
a report of such inspection and studies to the Construction Code Official,
which report shall include such conditions that the Borough Engineer
deems should be included in any steep slope permit.
F.
Permits for steep slope permits shall be issued by the Building Department
and shall include such conditions as the Borough Engineer deems appropriate
and necessary.
G.
Form and content of application. Application for a steep slope permit
shall be filed in duplicate with the Borough Engineer. The application
shall include the following:
(1)
The applicant's name and address.
(2)
The description of the lands in question.
(3)
The name and address of the owner of the lands.
(4)
The purpose or reason for the steep slope permit and whether it will
be done in connection with an application to the Planning Board or
Zoning Board of Adjustment and, if so, the filing date of the application.
(5)
The kind and quantity in cubic yards of soil to be disturbed and,
if required, proof of compliance with the Borough Steep Slope Ordinance.
(6)
An application for a steep slope permit shall be accompanied by an
original, together with one copy, of a topographical map of the lot
upon which the proposed operations are to be conducted and of all
surrounding lands within 25 feet of the perimeter of said lot. The
map shall be prepared and certified by a licensed professional engineer
or a licensed surveyor, at a scale of not less than one inch to 40
feet and shall be keyed to the United States Coast and Geodetic Survey
datum when NJDEP so requires. Said map shall, both as to the lot and
all surrounding land, show the following:
(a)
The dimensions of the lot, and the lot and block numbers of
the lot and of each lot in the surrounding lands as shown on the Tax
Assessment Map of the Borough.
(b)
The existing elevations of all lands, to be shown at five-foot
contour intervals for slopes in excess of 15% and at two-foot contour
intervals for lands of lesser slope.
(c)
The existing elevations of all buildings, structures, streets,
streams, bodies of water and watercourses, natural or artificial.
(d)
All existing surface and subsurface water drainage conditions
and provisions therefor.
(e)
All wooded areas and all trees having a diameter of six inches
or more at the base.
(f)
The proposed final elevations at each point where existing elevations
shown on said map are to be changed as a result of completion of the
proposed work.
(g)
Proposed slopes and lateral supports at the limits of the area
upon completion of the operations.
(h)
Proposed provisions and facilities for surface water drainage
and, where applicable, channels of any streams, bodies of water and
watercourses, natural or artificial, including detailed cross sections
showing proposed channel widths, bank slopes and method of erosion
control thereof.
(i)
Such other pertinent data as the Borough Engineer may require.
A.
The Planning Board is hereby designated as the referral agency for
any appeal of a determination of the Borough Engineer in relation
to a steep slope permit not otherwise part of an application for development
schedule to be heard before the Zoning Board of Adjustment. In the
event an applicant wishes to appeal the determination of the Borough
Engineer, the applicant, upon notice of said determination, may file
an appeal to the Planning Board by filing an application with the
Secretary of the Planning Board on such forms as are prescribed and
supplied by the Planning Board. The appeal shall consist of all materials
required for an application. The applicant shall file one original
and 12 copies of all application materials. Should the applicant have
a pending application for development scheduled to be heard before
the Zoning Board of Adjustment, said Board shall be authorized to
review any appeal. Within 60 days after receipt of an appeal, the
Planning Board, or Zoning Board of Adjustment if applicable, shall
complete its review and consideration of the appeal and render its
decision in writing to the Borough Engineer, who shall grant or refuse
the permit in accordance with the decision.
B.
An applicant filing an appeal shall be entitled to request a public
hearing in front of the Board hearing the applicant's appeal. In the
event a public hearing is requested, the applicant shall provide notice
to the owners of all properties within 200 feet of the perimeter of
the lot that is the subject of the appeal.
