[HISTORY: Adopted by the Council of the City of Perth Amboy 4-25-2011 as Ord. No. 1557-2011. Amendments noted where applicable.]
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, 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 boundaries of the City of
Perth Amboy.
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
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.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
Any slope equal to or greater than twenty percent (20%) as
measured over any minimum run of ten (10) feet. Steep slopes are determined
based on contour intervals of two (2) 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 10-foot horizontal run constitutes
a ten percent (10%) slope; a 1.5 foot rise over a 10-foot horizontal
run constitutes a fifteen percent (15%) slope; a two-foot rise over
a 10-foot horizontal run constitutes a twenty percent (20%) slope.
A.
For steep slopes any disturbance shall be prohibited except as provided
below:
(1)
Redevelopment within the limits of existing impervious surfaces;
and
(2)
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 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 (20%) or greater slope.
A.
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with 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)
Notwithstanding that any provision of this chapter is held to be
invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the chapter 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.
A.
A prompt investigation shall be made by the appropriate personnel
of the City of Perth Amboy, 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 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 the City of Perth Amboy, 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.
B.
Municipal penalties. Any person, persons, association, corporation
or other business entity violating this chapter shall be subject to
one or more of the following: a fine of not more than one thousand
dollars ($1,000) for each and every offense; a term of imprisonment
not exceeding ninety (90) days or be subject to a period of community
service not exceeding ninety (90) days.
