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]
DISTURBANCE
Means the placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting or removing of vegetation.
IMPERVIOUS SURFACE
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.
REDEVELOPMENT
Means the construction of structures or improvements on areas which previously contained structures or other improvements.
STEEP SLOPES
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.