The purpose of this Article 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. 8-2011)
[Ord. No. 8-2011]
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. 8-2011]
This Article shall be applicable to new development or land
disturbance on a steep slope within the City of South Amboy.
[Ord. No. 8-2011]
Means the placement of impervious surface, the exposure or
movement of soil or bedrock, or the clearing, cutting or removing
of vegetation.
Means 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.
Means the construction of structures or improvements on areas
which previously contained structures or other improvements.
Means any slope equal to or greater than 20 percent as measured
over any minimum run of 10 feet. Steep slopes are determined based
on contour intervals of two feet or less.
[Ord. No. 8-2011]
The percent of slop (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 10
percent slope; a 1.5 foot rise over a 10-foot horizontal run constitutes
a 15 percent slope; a two-foot rise over a 10-foot horizontal run
constitutes a 20 percent slop.
[Ord. No. 8-2011]
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 despair.
The applicant shall demonstrate through site plans depicting
proposed development and topography that new disturbance is not located
in areas with a 20 percent or greater slope.
[Ord. No. 8-2011]
A.
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this Article
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this Article apply.
B.
Severability.
(1)
Interpretation. This Article shall be so construed as not to conflict
with any provision of New Jersey or Federal law.
(2)
Notwithstanding that any provision of this Article is held to be
invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the Article shall continue to be of full
force and effect.
(3)
The provisions of this Article shall be cumulative with, and not
in substitution for, all other applicable zoning, planning and land
use regulations.
[Ord. No. 8-2011]
A prompt investigation shall be made by the appropriate personnel
of the City of South Amboy of any person or entity believed to be
in violation hereof. If, upon inspection, a condition which is in
violation of this Article is discovered, a civil action in the Special
Civil 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 Article shall be construed
to preclude the right of the City of South 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 Article 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
Article. Each day a violation continues shall be considered a separate
offense.
[Ord. No. 8-2011]
Any person who shall violate any provision of a duly enacted
City Ordinance shall, upon conviction thereof, be punished by one
or more of the following: by imprisonment for a term not exceeding
90 days or by a fine not exceeding $2,000 or by a period of community
service not exceeding 90 days.
[Ord. No. 8-2011]
This Article shall take effect after final passage and publication
as provided by law.
The invalidity of any section or provision of this Article shall
not invalidate any other section or provision thereof.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed as to such inconsistency only.
