[Added 2-19-2020 by Ord. No. 3-2020]
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:
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
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.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
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.
For steep slopes, any disturbance shall be prohibited except as provided
below:
(1)
Redevelopment within the limits of existing impervious surfaces;
(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 disrepair.
(3)
Those areas with slopes ranging from 0% to 14.9% are not restricted
against development under this section.
(4)
Within slope areas of 15% to 19.9%, not more than 50% of such
areas shall be disturbed for development, regraded or stripped of
vegetation.
(5)
Within areas having steep slopes of 20% or greater, no development,
regrading or stripping of vegetation shall be permitted unless such
activity is essential for the construction of a roadway or driveway
crossing, required utility construction, stormwater management control
facility or other like necessary improvement. The applicant must demonstrate
to the satisfaction of the reviewing board or other official having
jurisdiction that such disturbance activity is necessary to fulfill
the essential service requirements of the development and that there
is no practical alternative to it.
B.
The applicant shall demonstrate through site plans depicting proposed
development and topography that new disturbance is not located in
areas with a 20% or greater slope. The applicant shall prepare a steep
slopes map based on two-foot contour intervals, delineating by category
slope classes of 0% to 14.9%, 15% to 19.9% and 20% and greater. The
slope map shall include a calculation of the area of proposed disturbance
within each slope class within all existing and/or proposed lots,
as well as within any proposed road right-of-way.
A.
Conflicts: All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this chapter
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this chapter apply.
B.
Severability:
(1)
Interpretation: This chapter shall be so construed as not to
conflict with any provision of New Jersey or federal law.
(2)
Notwithstanding that any provision of this chapter is held to
be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the chapter shall continue to be of full
force and effect.
(3)
The provisions of this chapter shall be cumulative with, and
not in substitution for, all other applicable zoning, planning and
land use regulations.
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.
