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, and 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
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 Borough of North Haledon.
As used in this article, the following terms shall have the
meanings indicated:
DISTURBANCE
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
IMPERVIOUS SURFACE
Any surface that does not allow rainwater to be directly
absorbed into the ground, including, but not limited to, buildings
or structures, accessory buildings, generators and generator pads,
ground-mounted solar panels, HVAC units and pads, parking areas, driveways,
any type of athletic courts, patios, decks, pools (both above and
in ground), pool equipment and equipment pads and walkways. Surfaces
such as laid stones, slate pavers and timber (laid directly on the
ground) with open joints shall constitute 50% of impervious coverage.
An open joint shall be any joint which is greater than 1/2 inch in
width. Surfaces such as loose stone, porous pavements and pervious
pavers shall constitute 25% of impervious coverage.
REDEVELOPMENT
The construction of structures or improvements on areas which
previously contained structures or other improvements.
STEEP SLOPES
Any slope equal to or greater than 20% as measured over any
minimum run of 10 feet. Steep slopes are determined based on contour
intervals of two 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 ten-foot horizontal run constitutes
a 10% slope; a 1.5-foot rise over a ten-foot horizontal run constitutes
a 15% slope; a two-foot rise over a ten-foot horizontal run constitutes
a 20% slope.
A prompt investigation shall be made by the Borough of North Haledon Police Department, Zoning Officer, Construction Official and/or Property Management Officer or such other employee or department of the Borough of North Haledon as designated by the Mayor and Council of the Borough of North Haledon 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 Borough of North Haledon, pursuant to N.J.S.A 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. Any person, corporation and/or entity violating or neglecting to comply with any provisions of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty. Each and every day such violation or noncompliance exists shall constitute a separate offense, and an additional fine shall be imposed.
This chapter shall take effect upon final adoption and publication
in accordance with the law.