[Ord. No. O-07-06 § 22;
Ord. O-09-33 § 2; Ord. No. O-2018-01; Ord. No. O-2018-06 § 1]
For the purposes of this chapter, the Borough of Highlands is
hereby divided into the eighteen (18) zone districts known as:
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R-1.01
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Single-Family Residential
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R-1.02
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Single-Family Residential
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R-1.03
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Single-Family Residential
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R-2.01
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Single-Family Residential
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R-2.02
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Single-Family Residential
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R-2.03
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Single-Family Residential
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MF
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Multifamily Residential
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PB
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Professional Business
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MH
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Mobile Home
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CBD
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Central Business District
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B
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Business District
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WT-R
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Waterfront Transition-Residential
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WT-C
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Waterfront Transition-Commercial
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WT-C/T
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Waterfront Transition-Commercial/Townhouse
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WC-1
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Waterfront Commercial
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WC-2
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Waterfront Commercial
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MXD
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Mixed Use District
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HO
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Highway Oriented District
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A.
The boundaries of the zone districts are hereby established as shown
on the map entitled "Zoning Map, Highlands Borough, New Jersey" dated
July, 2018, which map accompanies and is hereby declared to be a part
of this chapter.
B.
Interpretation of Zoning Boundaries. Where uncertainty exists as
to any of said boundaries as shown on said map, the following rules
shall apply:
1.
Zone boundary lines are intended to follow the centerline of the
streets, railroads, rights-of-way, streams and lot or property lines
as they exist on plats of record at the time of the passage of this
chapter, where practicable, unless such zone boundary lines are fixed
by dimensions as shown on the Zoning Map.
2.
Where such boundaries are not fixed by dimensions and where they
approximately follow lot lines, and where they do not scale more than
ten (10) feet distance therefrom, such lot lines shall be construed
to be such boundaries unless specifically shown otherwise.
3.
In unsubdivided land and where a zone boundary divides a lot, the
location of such boundary, unless the same is indicated by dimensions
shown on the map, shall be determined by the use of the scale appearing
thereon.
[Ord. No. O-07-06 § 23; Ord. No. O-09-33 § 3; Ord. No. O-10-10; Ord.
No. O-2018-01; Ord No. O-2018-22]
C.
Redevelopment
Ordinances:
Captain's Cove Marina, Ord. No. O-2018-26.
Shadow Lawn Mobile Home Park, Ord. No. O-2018-27.
Adopting the Central Business District Redevelopment Plan, Ord.
No. O-22-10.
[1]
Editor's Note: The Zoning Map can be found in Appendix C included as an attachment to this chapter.
A.
Use Regulations. Except as herein provided, no building or structure
or part thereof and no lot or land or part thereof shall hereafter
be used or occupied except in conformity, as stated below, with the
uses specified as permitted principal uses, permitted accessory uses
or conditional uses in each of the various zones established by this
Part of this chapter.
1.
Permitted principal uses are permitted by right upon proper application
to and approval by the Zoning Officer, provided that the proposed
use is in conformance with the requirements of this chapter in the
zone district in which the lot is located and, for uses so requiring,
subject to the review and approval of a site plan pursuant to this
chapter.
2.
Accessory uses are permitted upon proper application to and approval
by the Zoning Officer. The Zoning Officer shall rely upon the following
rules for determining the right of the applicant to establish the
proposed accessory use:
Each of the sections and provisions of this Part shall apply
to all zone districts unless otherwise stated.
Any lot of record as of the adoption of this chapter which fails to meet the minimum requirements of this Article may be used for any use allowed in the district in which it is located, provided it meets the requirements of Section 21-98F.
[Ord. No. O-12-10 § 2;
amended 2-20-2019 by Ord. No. O-19-01; 2-17-2021 by Ord. No.
O-21-06]
Those uses not specifically permitted in a zone district are
prohibited. Additionally, the following uses are specifically prohibited:
adult entertainment, any accessory use with an establishment with
a liquor license designed for use by minors, auctions or sales conducted
outside a structure except when a private home is being cleaned or
vacated or for the raising of funds for charitable institutions and
done not more than twice a year for more than two days duration, short-
or long-term storage of trucks or trailers for use as storage facilities,
the keeping of farm animals, such as horses, cows, pigs, or fowl.
[Added 7-14-2021 by Ord.
No. O-21-21]
A.
CANNABIS
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16 for use in cannabis products as set forth in this act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include medical cannabis dispensed to
registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as
defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in
Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or
P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana as defined
in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to
any offense set forth in the New Jersey Controlled Dangerous Substances
Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6
et seq.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
B.
Prohibition of cannabis uses. All cannabis cultivators, cannabis delivery services, cannabis distributors, cannabis manufacturers, and cannabis wholesalers are hereby prohibited from operating anywhere in the Borough of Highlands, except for the delivery of cannabis items and related supplies by a licensed cannabis delivery service based and initiated from a cannabis delivery service licensed location outside of the Borough of Highlands. One cannabis retailer shall be authorized as a conditional use as set forth in § 21-97.
Applications for development shall show a right-of-way dedication
equal to one-half (1/2) the required right-of-way measured from the
centerline of the road along the entire frontage of the tract.
Whenever new lots are formed from a part of any other lot or
lots, all resulting lots shall conform with the requirements of this
Part. Subdivision will be done in accordance with the requirements
of Part 3 of this chapter.
[Ord. O-09-33 § 4; Ord. No. O-10-10 § 2]
A.
Every principal building or structure shall be built upon a lot with
frontage on a public street. The principal building shall have pedestrian
and vehicular access for driveway and parking purposes from that improved
public street.
B.
No lot used for single- or two-family dwelling units may contain
more than one (1) principal structure.
C.
Lots used for multi-family and nonresidential uses may contain more
than one (1) principal structure on a single lot.
[Ord. No. O-07-06 § 12]
A.
Regulations.
1.
No accessory structure or use shall be allowed on any lot on which
there is not a principal structure or use, except for shore front
protection, bulkheads, revetments and other such structures.
2.
No accessory structure(s), except for shore front protection, bulkheads,
revetments and other such structures, shall have an aggregate ground
floor area greater than thirty (30%) percent of the ground floor area
of the principal structure on the same lot. All accessory structures
shall occupy no more than forty (40%) percent of the rear yard area.
3.
No accessory structure shall be permitted closer to the front property
line than the front setback requirement or the front face of the principal
structure, whichever is the lesser.
4.
The height limitation of this chapter shall not apply to church spires,
belfries, cupolas, penthouses and domes not used for human occupancy;
nor to chimneys, ventilators, skylights, water tanks or bulkheads;
nor to rooftop radio, television or wireless telecommunication towers
or antennas, or similar features to a maximum of twenty (20%) percent
building height; and necessary mechanical appurtenances usually carried
above the roof level. Such features, however, shall be erected only
to such a height as is necessary to accomplish the purpose they are
to serve and shall not exceed in cross-sectional area twenty (20%)
percent of the ground floor area of the building.
5.
Satellite dishes, earth stations and similar structures shall be considered conditional uses and shall meet the requirements of Section 21-97H below.
6.
Wireless antennas and equipment shall be permitted to be attached
on existing principal structures as an accessory use except that on
residential buildings of less than ten (10) units no such equipment
or antennas shall be permitted.
7.
A ham radio antenna, herein defined as a device mounted on a freestanding
support structure or secured to a roof or wall of a building and used
to receive and transmit radio communications between other terrestrially
based sites, shall be permitted pursuant to FCC regulations and in
accordance with the following:
a.
A freestanding ham radio antenna shall be subject to the same location
requirements as a principal building in the same zoning district and
as further provided herein, and shall not exceed the average height
of principal buildings on adjoining lots by more than fifteen (15)
feet to a maximum of fifty (50) feet in height.
b.
No roof-mounted antenna of any kind shall be located on any part
of the roof facing the front yard of the dwelling or apartment building
or exceed the height provisions of paragraph 4 above.
c.
A freestanding ham radio antenna shall be located as close to the
center of the rear yard and rear facade of a principal building as
possible without causing significant interference with reception.
A waiver may be sought from the Board of Jurisdiction for a location
within the required yard area of a principal building, but in no case
shall it be permitted nearer to a property line than is allowed for
accessory buildings in the zoning district. For aesthetic and safety
purposes, the rear yard shall be enclosed with a fence that is opaque
to a height of at least four (4) feet and that otherwise conforms
to the fence requirements of the Borough of Highlands. The perimeter
of the base of the supporting structure shall be landscaped with appropriate
plant materials to a height of three (3) feet.
d.
Ham radio antennas and supporting structures shall be maintained
in good physical condition and comply with all applicable building
and safety codes.
B.
Setbacks.
1.
Residential Districts.
a.
Setbacks: Three (3) feet from any property line.
b.
Maximum height: Fifteen (15) feet or the height of the principal
structure, whichever is less.
c.
Accessory structures on corner lots shall not be erected nearer to
any street line than the front yard setback required on the nearest
adjacent lot on the same street.
2.
Nonresidential Districts.
a.
Setbacks: Not less than one-half (1/2) of the required side and/or
rear setback requirement of the district; not less than the required
front setback for the zone.
b.
Maximum height: Twenty (20) feet.
c.
Accessory structures on corner lots shall not be erected nearer to
any street line than the front yard setback required on the nearest
adjacent lot on the same street.
A.
Unless otherwise provided herein, all yards, open spaces and off-street
parking must be contained on the lot and within the zone district
in which the use is located. No part of any yard or other open space
required for any lot or building shall be included as part of a yard
or other open space similarly required for another lot or building.
B.
There shall be provided, for each lot, front, rear and side yards
as required in the Schedule of Area and Bulk Requirements. In areas
where at least seventy-five (75%) percent of the lots within two hundred
(200) feet are already developed, the front yard setback may be either
the required setback or the prevailing setback. The prevailing setback
shall be the average setback of buildings on the same block in the
same zone, but not less than the average of the setbacks of the buildings
on the two (2) nearest adjacent lots and in no case, less than half
the required setback.
Where a lot is bounded by more than one (1) street, the front
yard setback requirement from each abutting street shall be met. The
remaining yards shall be considered side yards, except when a nonresidential
lot abuts a residential district. In this case, the yard abutting
the residential district shall be considered a rear yard.
[Amended 9-7-2022 by Ord. No. O-22-16]
A.
Residential Districts.
1.
Outdoor storage and display of any kind or nature, except storage
of those items customarily used in conjunction with a residential
occupancy and owned by the occupant, are prohibited in all residence
districts.
2.
The storage of a properly registered, seaworthy boat shall be permitted
subject to the following conditions:
a.
The applicant is the owner of the boat and either the resident owner
of the property or a tenant resident on the property on which the
boat is to be stored.
b.
That the boat shall not be stored between the street line and the
front face of the principal building.
c.
For multifamily developments, boats shall be stored in conformance
with the Home Owner's Agreement or condominium association regulations.
d.
That the total space occupied by accessory buildings and the area
to be occupied by the boat shall not exceed forty (40%) percent of
the required rear yard.
e.
That a boat may be stored on a lot not occupied by a principal building.
3.
The storage of recreational equipment and vehicles, such as, but
not limited to, trailers (not including boat trailers), pickup coaches,
and motorized homes, which must be licensed and roadable, shall be
permitted subject to the following conditions:
a.
Any such vehicle or piece of equipment shall be owned or leased by
a resident of the premises.
b.
Any such vehicle or piece of equipment shall be located in a rear
yard or in a side yard to the rear of the front face of the building.
c.
Any such vehicle or piece of equipment shall be located so as to
meet the setback requirements for accessory structures, shall not
preempt any required off-street parking area and shall not occupy
an area exceeding forty (40%) percent of the rear yard area.
4.
The storage of commercial vehicles, commercial equipment, and construction
equipment shall be prohibited, subject to the following exceptions:
a.
Commercial vehicles, commercial equipment, and construction equipment
may be stored on site for active and ongoing construction purposes
authorized by the required zoning and construction permits only. All
commercial vehicles, commercial equipment, and construction equipment
shall be immediately removed from the site if the required permits
have not been issued, expire, or otherwise become invalid. All commercial
vehicles, commercial equipment, and construction equipment shall be
immediately removed from the site if construction activity is completed,
suspended, or if the site is abandoned for a period of 30 days or
more.
b.
Commercial vehicles, commercial equipment, and construction equipment
may be stored on site no more than 30 days prior to the commencement
of construction if valid zoning and construction permits have been
issued.
c.
For the purposes of this Section, "Commercial vehicles" shall not
include vans or trucks with a gross vehicle weight rating of less
than 14,000 pounds.
B.
Nonresidential Districts.
1.
No storage area shall be located in a required front yard or in a
required side yard adjoining a street.
2.
No article, equipment, vehicle, supplies, or material shall be kept
or stored outside the confines of any building unless the same is
allowed by this article or is screened by special planting or fencing,
as approved by the Board, and maintained in good condition, so that
it shall not be visible from any adjacent property or public street.
Any outdoor storage area shall meet the location requirements for
accessory structures. Storage of trailers or use of trailers for storage
is prohibited.
3.
Unless being stored within a building or approved storage area in accordance with subsection 2 above, the storage of commercial vehicles, commercial equipment, and construction equipment shall be prohibited, subject to the following exceptions:
a.
Commercial vehicles, commercial equipment, and construction equipment
may be stored on site for active and ongoing construction purposes
authorized by the required zoning and construction permits only. All
commercial vehicles, commercial equipment, and construction equipment
shall be immediately removed from the site if the required permits
have not been issued, expire, or otherwise become invalid. All commercial
vehicles, commercial equipment, and construction equipment shall be
immediately removed from the site if construction activity is completed,
suspended, or if the site is abandoned for a period of 30 days or
more.
b.
Commercial vehicles, commercial equipment, and construction equipment
may be stored on site no more than 30 days prior to the commencement
of construction if valid zoning and construction permits have been
issued.
c.
For the purposes of this Section, "Commercial vehicles" shall not
include vans or trucks with a gross vehicle weight rating of less
than 14,000 pounds.
C.
Storage of Flammable Liquids.
1.
All tanks utilized for the storage of gasoline or other motor fuels
with a unit capacity not exceeding three hundred (300) gallons shall
have Underwriters' or American Petroleum Institute approval and shall
be located at least ten (10) feet from a property line and at least
twenty-five (25) feet from any building. Tanks shall be labeled with
four-inch letters as to contents and shall be painted with rust-inhibiting
paint, either white or aluminum in color. Such tanks will be considered
as an accessory use.
2.
The storage of crude oil or any of its volatile products or other
highly flammable liquids in aboveground tanks with a unit capacity
greater than three hundred (300) gallons shall be governed by applicable
State and Federal regulations. Where none apply, such storage is prohibited.
3.
It shall be a violation of this chapter for any distributor of these
products, his representative or any other person to deliver such materials
to a tank not in conformance with all applicable standards.
4.
Propane tanks for residential uses shall be located in the side or
rear yard, behind the front face of the building.
[Ord. No. O-07-06 § 24; Ord. No. O-13-5 § 2]
A.
The following regulations shall apply to all residential uses and
districts.
1.
Each residential unit shall have two (2) on-site parking spaces for
its exclusive use. These spaces may be provided within a garage or
driveway. In addition to the two (2) spaces per unit, multifamily
developments shall provide visitor parking at a rate of one-half (1/2)
space per unit.
2.
Any residential structure may be elevated to comply with the flood
regulations of Part 7, and/or provide the required off-street parking
under the structure, upon issuance of flood and building permits,
provided there is no increase in the building coverage or floor area
of the structure other than the addition of parking under the structure.
3.
Any residential structure, outside the flood area, may be elevated
to provide the required off-street parking under the structure, provided
that there is no increase in the building coverage or in the floor
area of the structure other than the addition of parking under the
structure.
4.
Family day care homes, as defined in N.J.S.A. 40:55D-66.5b., shall
be permitted in all residential districts in accordance with the provisions
of N.J.S.A. 40:55D-66.5.
5.
Community Residences. Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill and community residences for persons
with head injuries shall be a permitted use in all residential districts,
and the requirements therefor shall be the same as for single-family
dwelling units located within such districts.
[Ord. No. O-13-5 § 3; Ord. No. O-2018-06 § 1]
A.
The following regulations shall apply to all business uses and districts.
1.
Parking shall be provided in accordance with the parking standards in subsection 21-65.14 and may be provided either on or off site. Where parking is provided off site, the applicant may either provide dedicated private parking or participate in the development of public parking and associated access improvements.
2.
Pedestrian access shall be provided from off-tract and municipal
parking areas to commercial uses and between commercial uses and other
attractions to encourage the use of off-site parking areas and pedestrian
mobility.
3.
A lot in an R-2 district which adjoins a CBD district may be used
to provide access to any adjoining lot in the CBD district or for
accessory parking to such adjoining lot.
4.
Seasonal outdoor activities related to the principal use may be permitted
with minor site plan approval. Such uses include, but are not limited
to, outdoor eating areas for a restaurant, bicycle rentals for tourist
related or sports uses, marine sales for waterfront marine uses.
5.
All floodproofing shall be performed in accordance with FEMA regulations
and the New Jersey Department of Environmental Protection regulations
located at N.J.A.C. 7:13-1, et seq., whichever is the more restrictive.
[Ord. No. O-09-33 § 5]
A.
The following regulations shall apply to commercial uses within all
waterfront districts.
1.
To the maximum extent possible, sites and uses shall be designed
to provide general public access to the waterfront.
2.
In the WC zones, buildings shall be located such that they occupy
no more than sixty (60%) percent of the view area from the public
street along the river frontage, measured horizontally at the mid-point
of the first floor of the building(s). To determine compliance, the
applicant shall submit the building elevation plans for the building
faces most nearly parallel to the river. These shall depict a total
cross section of all buildings in relation to the property lines most
nearly perpendicular to the river, and may include any roadway areas
abutting these property lines.
3.
Parking shall be provided in accordance with the parking standards in subsection 21-65.14. Except for the WC-2 district, parking may be provided either on or off site. Where parking is provided off site, the applicant may either provide dedicated private parking or participate in the development of public parking and associated access improvements. In the WC-2 district all required parking shall be provided on site.
[Ord. #O-09-23 § 6; amended 6-15-2022 by Ord. No. O-22-09]
A.
Areas Covered. The areas of Highlands covered by this section (referred
to hereafter as "slope area") are any properties south of Shore Drive
and the Highlands-Sea Bright Bridge, including Blocks 1 through 29,
inclusive, Blocks 34 though 38, inclusive, Blocks 40, 60, and 61,
and Blocks 103 through 120, inclusive, as described by the Tax Assessment
Map of the Borough of Highlands.
B.
Permit requirement exceptions. A slope area permit is required for
any work or disturbance affecting a slope area, except when the area
of the proposed work or disturbance:
1.
Contains no slopes greater than 10%, nor any slope greater than 15%
within 100 feet, and the work or disturbance is:
a.
Soil disturbance of five cubic yards or less;
b.
Change in impervious ground cover of 200 square feet or less;
c.
Removal of five trees or less, having a circumference of up to 20
inches each, measured at four feet above the ground;
d.
Removal or disturbance of vegetation covering 200 square feet or
less.
2.
Contains no slopes greater than 15%, nor any slope greater than 20%
within 100 feet; and the work or disturbance is:
a.
Soil disturbance of three cubic yards or less;
b.
Change in impervious ground cover of 100 square feet or less;
c.
Removal of three trees or less, having a circumference of up to 20
inches each, measured at four feet above the ground;
d.
Removal or disturbance of vegetation covering 100 square feet or
less.
3.
Contains slopes greater than 15% and the work or disturbance is:
a.
Soil disturbance of one cubic yard or less;
b.
Change in impervious ground cover of 25 square feet or less;
c.
Removal of one tree, having a circumference of up to 20 inches measured
at four feet above the ground;
d.
Removal or disturbance of vegetation covering 25 square feet or less.
e.
All items described in Subsection B1, 2 and 3 above represent a cumulative
total per lot, per calendar year.
4.
Inspection for tree trimming.
a.
In slope areas of greater than 15%, no normal tree topping to provide a view, protecting adjacent structures or the removal of dead or unhealthy trees shall take place prior to an inspection and a determination as to how much of the tree may be trimmed or what trees may be removed. Such determination shall be subject to the Tree Commissioner and shall require a permit as set forth in Section 22-1 of the Borough Code.
b.
Where site plan or subdivision approval is also required, the slope
area permit review will be performed along with that approval process,
and the applicant will submit copies of all required information to
the Land Use Board. Although the Board cannot grant or deny a slope
area permit (except for an appeal under Subsection J), the Board shall
consider all plans submitted under this section in any application
for site plan or subdivision approval affecting a slope area.
5.
Additions to a single-family residence shall be exempt from the lot
coverage, impervious coverage and lot disturbance provisions of this
section if the following conditions exist:
a.
That the size of any one-story addition, deck, patio or excavation
is less than 200 square feet. Soil logs and testing for future subsurface
disposal systems shall not be exempted.
b.
That no slope greater than 10% exists within 20 feet of the area
to be disturbed.
c.
The applicant provides plans or a written statement describing soil
erosion and stabilization measures which will be used as part of construction.
d.
A final inspection fee of the equivalent of one hour of the Borough
Engineer's time is posted prior to the issuance of the permit.
C.
Application for permit. An application for a slope area permit shall
be made to the Highlands Construction Official. The application shall
include at least:
1.
Property description by Tax Map block and lot, and by street address
if available.
2.
Scalable drawing of location of proposed work or disturbance along
with existing and proposed topography. This drawing shall also include
a delineation of the proposed limit of disturbance with area calculation.
3.
Areas clearly identified showing the following, as measured between
ten-foot contour lines: Area 1, 30% or greater; Area 2, 20% but less
than 30%; Area 3, 15% but less than 20%; Area 4, less than 15%.
4.
Calculation, in square footage and acres, of amount of area in the
various slope categories listed above. All applications shall contain
calculations demonstrating compliance with Subsections E1 through
E4 of this section.
5.
Statement of proposed work or disturbance.
6.
Any other additional information as is reasonably necessary to make
an informed decision, including, but not limited to, the items listed
below and in Subsection F:
7.
Where site plan or subdivision approval is required, the following
exhibits shall also be submitted:
a.
Topographic map showing existing contours at two-foot intervals.
b.
Extent and erosion potential of exposed soils.
c.
Length, steepness and surface roughness of exposed slopes.
d.
Resistance of soil to compaction and stability of soil aggregates.
e.
High water table, water infiltration capacity and capacity of soil
profile.
f.
Chemical, physical and biological nature of subsurface soils.
g.
Type and location of construction activity, including the amount
of site grading, and depth of such grading.
h.
The time period of exposure of erodible soils during construction.
i.
The area and density of woodlands and forest, within the construction
site and on contiguous lands for a distance of 200 feet, or such other
distance as deemed appropriate by the Borough Engineer. All significant
tree specimens four inches or greater in diameter, measured at four
feet above the ground; all dogwood, American holly, and mountain laurel;
and all other vegetation on slopes 15% or greater shall be indicated
on the application plans as well as physically marked on the construction
site.
j.
The extent of impervious surface to be constructed.
k.
Location of construction access roads.
l.
Calculation of amount of site grading, to include a cut-and-fill
balance sheet, including cross sections, and indicating, where applicable,
the volume of and source of off-site fill.
m.
Extent of on-site erosion sediment control measures, during and after
construction and until any affected area is stabilized.
n.
Any other information as is reasonably necessary to make an informed
decision.
D.
Application review and standards of approval.
1.
The Borough Engineer shall review every slope area application to
determine whether the proposed work or disturbance may have a detrimental
impact upon any slope area. Such review shall include at least an
on-site inspection.
2.
The Borough Engineer shall thereafter approve only those applications
where the proposed work or disturbance will:
a.
Have no detrimental impacts.
b.
Control velocity and rate of water runoff so that such velocity and rate are no greater after construction and development than before, and are within tolerances deemed safe by the Borough Engineer, and the project or site plan complies with all other provisions of the Borough Code and Article XXIV of the Land Use Volume of the Borough Code, Flood Damage Prevention.
c.
Minimize stream turbidity and changes in flow.
d.
Protect environmentally vulnerable areas.
e.
Stabilize exposed soils both during and after construction and development.
f.
Prevent soil slippage.
g.
Minimize number and extent of cuts to prevent groundwater discharge
areas to underlying soils.
h.
Preserve the maximum number of trees and other vegetation on the
site and avoid disturbance of the critical hillside, slope and forest
areas.
i.
Control water infiltration at the top of the slope and thus decrease
the tendency for shear failure and erosion.
j.
Control the growth of vegetation, which is detrimental to slope stability
and promote the establishment of plant species which add to the stabilization
of the slope.
k.
Control construction techniques to mitigate damage to steep slopes
at the time of greatest vulnerability.
3.
The Borough Engineer may impose such conditions upon any approval
as said Engineer deems necessary to achieve the purposes of this section.
All permanent improvements necessary to achieve the purposes of this
section shall require performance and maintenance bonds in forms and
amounts to be reviewed and approved by the Borough Engineer and Borough
Attorney. Said maintenance bond shall continue for two years after
complete stabilization.
4.
Any approval may be subject to the condition that, for safety reasons,
the applicant provides and adheres to a detailed construction and
inspection schedule, copies of which shall be supplied to the Borough
Construction Official for the purpose of monitoring the progress of
the work and compliance with the construction schedule. Said approval
may be further conditioned upon submission of periodic certifications
by the applicant as to compliance with the construction schedule,
and, in the event of noncompliance, written assurance as to the nature
and time when steps will be taken to achieve compliance with the construction
schedule.
5.
If the applicant does not comply with the construction schedule or
any other requirements or conditions attached to the approval of the
application, and the Borough Engineer or the Borough Construction
Official certifies such lack of compliance, the Borough Construction
Official shall thereupon revoke approval of the application, after
notice to the applicant, and no further work may be performed on such
site, with the exception for temporary measures necessary to stabilize
the soil and to protect the site from stormwater damage or other hazards
created by construction activity on the site.
E.
Lot size, development density, lot coverage and disturbance. To meet
the purposes, goals and standards set forth in this section, in areas
of slopes greater than 15%, the applicable provisions of this chapter
relating to minimum lot sizes and density of development, and maximum
percentage of lot coverage, shall be modified, and limitations including
maximum impervious surfaces and maximum lot disturbance shall be added
as follows:
1.
Minimum lot size; density.
a.
The minimum lot size shall be determined by multiplying the total
land area in various slope categories by the following factors and
totaling the results. This modified minimum lot size shall be used
as the lot size in density calculations. Slope calculations shall
be based on elevation intervals of 10 feet.
|
Slopes
|
Factor
|
|---|---|
|
30% or greater
|
0.1
|
|
20% but less than 30%
|
0.2
|
|
15% but less than 20%
|
0.5
|
|
Less than 15%
|
1.0
|
b.
As the result of the computation of the total density allowed, any
fractional amount shall be rounded down or truncated to the nearest
whole integer. If the total density allowed is less than one, and
prior to this section the lot dimensions met or exceeded the minimum
lot size for its zone, than the total density allowed shall be one.
2.
Determination of maximum lot coverage.
a.
The maximum lot coverage area shall be determined by multiplying
the total land area in various slope categories by the following factors,
totaling the results and multiplying the result by the maximum lot
coverage percentage allowed for the appropriate zone. Slope calculations
shall be based on elevation intervals of 10 feet.
|
Slopes
|
Factor
|
|---|---|
|
30% or greater
|
0.25
|
|
20% but less than 30%
|
0.50
|
|
15% but less than 20%
|
0.75
|
|
Less than 15%
|
1.00
|
b.
Where the modified maximum lot coverage area is less than the minimum
gross floor area required for the proposed building, the minimum gross
floor area required shall be the modified maximum lot coverage area.
3.
The maximum impervious surface area permitted in slope areas shall
be determined by multiplying the total land area in various slope
categories by the following percentages and totaling the results:
|
Slopes
|
Percentage
|
|---|---|
|
30% or greater
|
10%
|
|
20% but less than 30%
|
15%
|
|
15% but less than 20%
|
25%
|
|
Less than 15%
|
35%
|
4.
The maximum lot disturbance shall be no greater than 130% of the
maximum impervious surface permitted for the lot.
5.
No disturbance or improvements shall be permitted in the areas within
15 feet of the top of slope and no structures shall be located within
25 feet of the top of slope; nor shall there be any disturbance within
10 feet of the toe of the slope or any structures located within 15
feet of the toes of the slope.
6.
Setbacks of all structures necessary for slope area stabilization
shall be sufficient to allow for any future maintenance that may be
necessary.
7.
All land required to be maintained as permanent open space shall
be indicated as such on any approved plans.
F.
Environmental appraisal and applicability.
1.
When site plan or subdivision is required, an environmental impact
report or request for waiver shall be prepared. The Borough Engineer
shall review and approve the report in accordance with specifications
and procedures required by this section.
2.
No application for slope area permit shall be approved unless it
has been affirmatively determined, after an environmental appraisal,
that the proposed project:
G.
Review and inspections fees. The applicant shall deposit an initial
application filing fee of $425 with the Chief Financial Officer. If
additional escrow fees are required, the applicant shall deposit with
the Chief Financial Officer an amount equal to the estimated review
fee, as determined by the Borough Engineer. Inspections shall be required
before, during stabilization and upon completion of the work or disturbance,
during and for two years after complete stabilization, or for any
other reasonable time, as determined by the Borough Engineer, to insure
the purposes of this section are met. No permit will be issued until
a deposit is placed with the Chief Financial Officer, equal to the
estimated inspection fee, as determined by the Borough Engineer. If
additional inspection fees are required, the applicant shall deposit
with the Chief Financial Officer an amount equal to the new estimated
inspection fee before any work can continue. The inspection fee deposit
account shall remain for two years after complete stabilization. Any
deposit accounts shall be maintained at levels sufficient at all times
to cover all estimated fees or work may be halted. The Chief Financial
Officer will keep the Borough Engineer aware of account balances as
necessary.
H.
Municipal liability. The granting of any permit or approval in any
slope area shall not constitute a representation, guarantee or warranty
of any kind by the Borough, Borough Engineer, Borough Attorney, Construction
Official, or by any other official, employee or representative thereof
of the practicability or safety of any structure, use or other plan
proposed, and shall create no liability upon, or a cause of action
against, such public body, official or employee for any damage that
may result pursuant thereto.
I.
Penalties. In addition to penalties already provided in Section 1-5 of the Borough Code, the Court may order any person convicted of violating this section to pay the Borough all costs for and associated with necessary stabilization or corrective measures, as determined by the Borough Engineer.
J.
Appeal. The Land Use Board shall have the power to hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision (including review and inspection fees under Subsection G) or refusal made by the Borough Engineer based on or made in the enforcement of this section. All such appeals under this section from the decisions of the Borough Engineer shall be taken within 20 days by filing a notice of appeal with the Borough Engineer specifying the grounds of such appeal. The Borough Engineer shall immediately transmit to the Land Use Board all papers constituting the record upon which the action appealed from was taken. All such appeals shall be heard by the Land Use Board upon notice given by the applicant as required by Section 21-11 of the Land Use Volume of the Borough Code. The Land Use Board may permit, or require, the record on appeal to be supplemented with such documents or other evidence or information as are reasonably necessary to make an informed decision as to whether the requirements of this section have been met.
