[Ord. No. 2015-07]
The purpose of this section 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.
[Ord. No. 2015-07]
Disturbance of steep slopes results in accelerated erosion processes
from stormwater runoff and the subsequent sedimentation of waterbodies
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.
[Ord. No. 2015-07]
This section shall be applicable to new development or land
disturbance on a steep slope within Cliffside Park.
[Ord. No. 2015-07]
Shall mean the placement of impervious surface, the exposure
or movement of soil or bedrock, or the clearing, cutting, or removing
of vegetation.
Shall mean 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
structure, and other similar structures, surfaces, or improvements.
Shall mean the construction of structures or improvements
on areas which previously contained structures or other improvements.
Shall mean any slope equal to or greater than twenty (20%)
percent as measured over any minimum run of ten (10) feet. Steep slopes
are determined based on contour intervals of one foot or less.
[Ord. No. 2015-07; amended 7-11-2023 by Ord. No. 2023-11]
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
one 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 fifteen (15%) percent slope; a two-foot rise over a 10-foot horizontal
run constitutes a twenty (20%) percent slope.
Additionally, any areas in the R-5 zone adjacent to a steep
slope area must provide a 100-foot buffer between the R-5 area and
identified steep slopes. If new construction in the R-5 zone adjacent
to a steep slope requires more than 100 parking spaces, a minimum
of two (2) means of ingress and egress are required. New construction
in this area shall provide access around the entire structure with
a minimum of a 20-foot drive aisle.
[Ord. No. 2015-07]
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 the
hardship was not created by 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.
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Any developer that petitions the Zoning Board of Adjustment
shall be required to demonstrate through site plans depicting proposed
development and topography that new disturbance is not located in
areas with a twenty (20%) percent or greater slope.
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[Ord. No. 2015-07]
a.
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this section
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this section apply.
b.
Severability.
1.
Interpretation. This section shall be construed as not to conflict
with any provision of New Jersey or Federal law.
2.
Notwithstanding that any provision of this section is held to be
invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the section shall continue to be of full
force and effect.
3.
The provisions of this section shall be cumulative with, and not
in substitution for, all other applicable zoning, planning and land
use regulations.
[Ord. No. 2015-07]
A prompt investigation shall be made the appropriate personnel
of Cliffside Park, of any person or entity believed to be in violation
hereof. If, upon inspection, a condition which is in violation of
this section 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 section shall be construed to preclude the
right of Cliffside Park, pursuant to N.J.S.A. 26:3A2-25, to initiate
legal proceedings hereunder in Municipal Court. The violation of any
subsection of this section shall constitute a separate and distinct
offense independent of the violation of any other section or subsection,
or of any order issues pursuant to this section. Each day a violation
continues shall be considered a separate offense.
a.
Non-compliance shall result in the immediate issuance of a stop work
order.
b.
The violating party shall be required to restore the disturbed area
to its natural conditions.
c.
The violating party shall be responsible for all municipal expenses
including but not limited to reasonable engineering and attorney fees.
