[Amended 8-23-2022 by Ord. No. 5739]
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.
[Amended 8-23-2022 by Ord. No. 5739]
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
of steep slopes can have on water quality and quantity, and the environmental
integrity of landscapes.
[Amended 8-23-2022 by Ord. No. 5739]
This article shall be applicable to new development or land
disturbance on a steep slope within the Township.
[Amended 8-23-2022 by Ord. No. 5739]
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 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
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.
[Amended 8-23-2022 by Ord. No. 5739]
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 one-and-one-half-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.
[Amended 8-23-2022 by Ord. No. 5739]
For steep slopes, any disturbance shall be prohibited except
as provided below:
A. Redevelopment within the limits of existing impervious surfaces;
and
B. 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. The applicant shall demonstrate
through site plans depicting proposed development and topography that
new disturbance is not located in areas with a twenty-percent-or-greater
slope.
[Amended 8-23-2022 by Ord. No. 5739]
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 this 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.
[Amended 8-23-2022 by Ord. No. 5739]
A prompt investigation shall be made by the appropriate personnel of the Township 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 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 Township, 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. Any person who violates any provision of this article shall, upon conviction thereof in Municipal Court, be punishable by imposition of the penalties set forth in Chapter
170, Article
36.
[Amended 8-23-2022 by Ord. No. 5739]
This article shall take effect upon final adoption and publication
in accordance with the law on April 28, 2009.