The New Jersey Department of Environmental Protection (NJDEP)
has exclusive control over regulated activities within freshwater
wetlands as defined in the New Jersey Freshwater Wetlands Protection
Act, N.J.S.A. 13:9B-1 et seq. The purpose of these regulations is
to coordinate municipal development review procedures with the wetlands
regulations of NJDEP.
A.
Documentation. All freshwater wetlands, and all wetland transition
areas required pursuant to N.J.A.C. 7:7A-1 et seq., or any successor
regulations, shall be clearly shown on all subdivisions, site plans,
lot grading plans, and/or other development plans submitted to the
Borough for any development approval. Whenever it has been confirmed
that no wetlands or wetland transition areas are present on a site,
a note to that effect shall be shown on the plans for development.
B.
NJDEP file identification number. Whenever on-site freshwater wetlands
and/or wetland transition areas have been verified by NJDEP through
the issuance of a Letter of Interpretation (LOI), all subdivision,
site plans, lot grading plans, and/or other plans submitted to the
Borough for any development approval shall include therein the wetlands
line file identification number assigned by NJDEP in connection with
the issuance of an LOI for the property.
C.
Disturbance fencing. To prevent encroachment into freshwater wetlands
and wetland transition areas, the developer of any approved subdivision,
site plan, lot grading plan or other development plan shall install
disturbance fencing in accordance with the requirements of the NJDEP
and the Passaic County Soil Conservation District before the commencement
of any land disturbance or construction adjacent to any freshwater
wetlands and/or wetland transition area.
D.
Silt fencing. Prior to the commencement of any land disturbance or
construction, the developer of any approved subdivision, site plan,
lot grading plan, or other development plan shall install silt fencing
and/or hay bales downstream of any disturbance area adjacent to freshwater
wetlands and/or wetland transition areas in accordance with the requirements
of the NJDEP and the Passaic County Soil Conservation District.
E.
Proof of recording of deed restriction. Prior to the signing of any
approved minor subdivision plat or deed description, final major subdivision
plat, or final site plan drawings, the applicant shall submit to the
Secretary of the reviewing board proof that any deed restrictions
required by the NJDEP in connection with transition area averaging
or other transition area modifications associated with the approved
subdivision or site plan have been duly recorded in the land records
of the Clerk of Passaic County.
F.
Recording notice of wetland limits. As a condition of approval of
any application for development of any lot containing freshwater wetlands
and/or wetland transition areas, the applicant shall be required to
record in the land records of the Clerk of Passaic County a mapped
description of the limits of such freshwater wetlands and/or wetland
transition areas, together with a bold print notice that no land disturbance
or other activities may be undertaken therein without the obtaining
of all necessary prior approvals from the NJDEP.
G.
Waiver for improvements to existing single-family dwellings. Whenever any variance or grading permit is sought for any addition to or modification of any existing single-family dwelling and/or the lot on which it is located, the Board of Adjustment, when acting on a variance, and the Borough Engineer, when acting on a grading permit, may waive the requirements of Subsections A, B, and/or F of this section (to the extent they are applicable) when it is reasonably clear to the reviewing authority that there exist no on-site wetlands and/or wetland transition areas, or that any on-site wetlands and/or wetland transition areas are remote from the areas of proposed development and/or disturbance. Nothing herein shall authorize or permit any unlawful disturbance of or activities within freshwater wetlands and/or wetland transition areas.
A.
Purpose. It is the purpose of this section to protect the health,
safety and welfare of people and property within the Borough of Hawthorne
from improper construction, building and development on steep slope
areas in the Borough of Hawthorne, and more particularly, but without
limitation, to reduce the peculiar hazards which exist in steep slope
areas by reason of erosion, siltation, flooding, soil slippage, surface
water runoff, pollution of potable water supplies from nonpoint sources,
destruction of unique and scenic vistas, and it is a further purpose
of this section to encourage appropriate planning, design and development
sites within steep slope areas which preserve and maximize the best
use of the natural terrain and maintain ridgelines and skylines intact.
B.
Exemptions.
(1)
A construction permit is required for any work or disturbance affecting
a slope area, except when the area of the proposed work or disturbance:
(a)
Contains no slopes greater than 10%, nor any slope greater than
15% within 100 feet, and the work or disturbance meets each of the
following maximum standards:
[1]
Soil movement of five cubic yards or less;
[2]
Change in impervious ground cover of 200 square feet or less;
[3]
Removal of five trees or less, having a circumference of up
to 20 inches each, as measured four feet above ground level; and
[4]
Removal or disturbance of trees or shrubs covering 200 square
feet or less.
(b)
Contains no slopes greater than 15%, nor any slope greater than
20% within 100 feet, and the work or disturbance meets each of the
following maximum standards:
[1]
Soil movement of three cubic yards or less;
[2]
Change in impervious ground cover of 100 square feet or less;
[3]
Removal of three trees or less, having a circumference of up
to 20 inches each, as measured four feet above ground level; and
[4]
Removal or disturbance of trees or shrubs covering 100 square
feet or less.
(c)
Contains slopes greater than 15% and the work or disturbance
meets each of the following maximum standards:
[1]
Soil movement of one cubic yard or less;
[2]
Change in impervious ground cover of 25 square feet or less;
[3]
Removal of one tree or less, having a circumference of up to
20 inches, as measured four feet above ground level; and
[4]
Removal or disturbance of trees or shrubs covering 25 square
feet or less.
(2)
Additions to a single-family residence shall be exempt from the impervious
coverage and lot disturbance provisions of this section if each of
the following conditions exist:
(a)
That the size of any one-story addition, deck, patio or excavation
is less than 200 square feet. Soil logs and testing for future subsurface
disposal systems shall not be exempted.
(b)
That no slope greater than 10% exists within 20 feet of the
area to be disturbed.
(c)
The applicant provides plans or a written statement describing
soil erosion and stabilization measures which will be used as part
of construction.
(3)
Where required, the applicant shall obtain approval from the Passaic
County Soil Conservation District for disturbed areas exceeding 5,000
square feet.
C.
Application for permit. Unless otherwise exempt under this article,
a construction permit shall be made to the Borough's Construction
Official. The application shall include at least the following:
(1)
Property description by Tax Map block and lot, and by street address
if available.
(2)
Sketch of location of proposed work or disturbance. An informal sketch
is acceptable.
(3)
Statement of proposed work or disturbance.
(4)
Where site plan or subdivision approval is required, the following
exhibits shall also be submitted:
(a)
Topographic map showing existing contours at two-foot intervals.
(b)
Areas clearly identified showing the following, as measured
between ten-foot contour lines: Area 1, 30% slopes or greater; Area
2, 20% slopes but less than 30% slopes; Area 3, 15% slopes but less
than 20% slopes; Area 4, less than 15% slopes.
(c)
Calculation, in square footage and acres, of amount of area
in the various slope categories listed above.
(d)
The time period of exposure of erodible soils during construction.
(e)
The area and density of woodlands and forest, within the construction
site and on contiguous lands for a distance of 200 feet, or such other
distance as deemed appropriate by the Borough Engineer. All trees
having a diameter of six inches or greater, as measured four feet
above ground level, on slopes 15% or greater, shall be indicated on
the application plans as well as physically marked on the construction
site.
(f)
The extent of impervious surface to be constructed.
(g)
Location of construction access roads.
(h)
Calculation of amount of site grading, to include a cut-and-fill
balance sheet, including cross sections, and indicating, where applicable,
the volume of and source of off-site fill.
(i)
Extent of on-site erosion sediment control measures, during
and after construction and until any affected area is stabilized.
(j)
Any other information as is reasonably necessary to make an
informed decision, as determined by the Borough Engineer.
D.
Application review and standards of approval.
(1)
The Borough Engineer shall review the construction permit to determine
whether the proposed work or disturbance may have a detrimental impact
upon any slope area. Such review shall include at least an on-site
inspection. The Engineer's inspection shall be made as soon as
possible considering the extent of the work necessary to evaluate
the application.
(2)
The Borough Engineer shall approve only those applications where
the proposed work or disturbance will:
(a)
Have no reasonably avoidable detrimental impacts.
(b)
Control velocity and rate of water runoff so that such velocity
and rate are no greater after construction and development than before,
and are within tolerances deemed safe by the Borough Engineer, and
the project or site plan complies with all other provisions of the
Borough Code.
(c)
Minimize stream turbidity and changes in flow.
(d)
Protect environmentally constrained areas.
(e)
Stabilize exposed soils both during and after construction and
development.
(f)
Prevent soil slippage.
(g)
Minimize number and extent of cuts to prevent groundwater discharge
areas to underlying soils.
(h)
Preserve the maximum number of trees and other vegetation on
the site and avoid disturbance of the critical hillside, slope and
forest areas.
(3)
The Borough Engineer may impose such conditions upon any approval
as said Engineer deems necessary to achieve the purposes of this article.
All permanent improvements necessary to achieve the purposes of this
article shall be bonded in the same manner as set forth elsewhere
in this article, except that a maintenance bond shall continue for
two years after complete stabilization.
(4)
Any approval may be subject to the condition that, for safety reasons,
the applicant provide and adhere to a detailed construction and inspection
schedule, copies of which shall be supplied to the Borough Construction
Official for the purpose of monitoring the progress of the work and
compliance with the construction schedule. Said approval may be further
conditioned upon submission of periodic certifications by the applicant
as to compliance with the construction schedule, and, in the event
of noncompliance, written assurance as to the nature and time when
steps will be taken to achieve compliance with the construction schedule.
(5)
If the applicant does not comply with the construction schedule or
any other requirements or conditions attached to the approval of the
application, and the Borough Engineer or the Borough Construction
Official certifies such lack of compliance, the Borough Construction
Official shall thereupon revoke approval of the application, after
notice to the applicant, and no further work may be performed on such
site, with the exception for temporary measures necessary to stabilize
the soil and to protect the site from stormwater damage or other hazards
created by construction activity on the site.
E.
Impervious coverage and disturbance. In areas of slopes greater than 15%, the applicable provisions of Part 4 of this chapter relating to maximum percentage of impervious coverage shall be modified, and the following limitations of maximum impervious coverage, location of impervious surfaces, and maximum lot disturbance shall be applicable.
(1)
Maximum impervious coverage. The maximum impervious coverage area
for each building lot shall be determined by multiplying the total
land area in various slope categories by the following factors, totaling
the results and multiplying the result by the maximum lot coverage
percentage allowed for the appropriate zone. Slope calculations shall
be based on elevation intervals of 10 feet.
|
Slopes
|
Factor
|
|---|---|
|
30% or greater
|
0.25
|
|
20% but less than 30%
|
0.50
|
|
15% but less than 20%
|
0.75
|
|
Less than 15%
|
1.00
|
(2)
Where the modified maximum impervious coverage area is less than
the minimum gross floor area required for the proposed building, the
minimum gross floor area required shall be the modified maximum impervious
coverage area.
(3)
Location of impervious surfaces. The maximum impervious coverage for a building lot, determined in Subsection E(1) above, may only be permitted within slope areas as calculated by multiplying the total land area in various slope categories by the following percentages and totaling the results.
|
Slopes
|
Percentage
|
|---|---|
|
30% or greater
|
10%
|
|
20% but less than 30%
|
15%
|
|
15% but less than 20%
|
25%
|
|
Less than 15%
|
35%
|
(4)
The maximum lot disturbance shall be no greater than 130% of the
maximum impervious coverage permitted for the lot.
(5)
Setbacks of all structures necessary for slope area stabilization
shall be sufficient to allow for any future maintenance that may be
necessary.
F.
Review and inspection fees.
(1)
An application filing fee plus a review fee, as set forth in Chapter 220, Fees, of the Borough Code of Ordinances, shall be deposited with the Borough. If additional review fees are required, the applicant shall deposit with the Borough an amount equal to the new estimated review fee.
(2)
Inspections shall be required before and during stabilization and upon completion of the work or disturbance, during and for two years after complete stabilization, or for any other reasonable time, as determined by the Borough Engineer, to insure the purposes of this article are met. No permit will be issued until a deposit is placed with the Borough equal to the estimated inspection fee, as set forth in Chapter 220, Fees, of the Borough Code of Ordinances. If additional inspection fees are required, applicant shall deposit with the Borough an amount equal to the new estimated inspection fee before any work can continue. The inspection fee deposit account shall remain for two years after complete stabilization.
(3)
Any deposit accounts shall be maintained at levels sufficient at
all times to cover all estimated fees or work may be halted.
G.
Borough liability. The granting of any permit or approval in any
slope area shall not constitute a representation, guarantee or warranty
of any kind by the Borough or by any official or employee thereof
of the practicability or safety of any structure, use or other plan
proposed, and shall create no liability upon, or a cause of action
against such public body, official or employee for any damage that
may result pursuant thereto.
H.
Penalties. In addition to penalties already provided in § 540-37, the court may order any person convicted of violating this article to pay the Borough all costs for, and associated with, necessary stabilization or corrective measures, as determined by the Borough Engineer.
I.
Noncompliance with the regulations specified herein shall require
a variance and application before the appropriate Board as regulated
by this chapter.
J.
Appeal. The Zoning Board of Adjustment shall have the power to hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision (including review and inspection fees under Subsection F above) or refusal made by the Borough Engineer based on or made in the enforcement of this article. All such appeals under this section from the decisions of the Borough Engineer shall be taken within 20 days by filing a notice of appeal with the Borough Engineer specifying the grounds of such appeal. The Borough Engineer shall immediately transmit to the Board all papers constituting the record upon which the action appealed from was taken. All such appeals shall be heard by the Board upon notice given by the applicant. The Board may permit, or require, the record on appeal to be supplemented with such documents or other evidence or information as are reasonably necessary to make an informed decision as to whether the requirements of the steep slope regulations have been met.
Application for a building permit for any proposed development on land lying within Zone A, Special Flood Hazard Area, as shown on the current Department of Housing and Urban Development, Federal Insurance Administration Flood Hazard Boundary Maps for the Borough of Hawthorne, shall be first reviewed by the Planning Board under the provisions of Chapter 247, and all standards, procedures and requirements therein set forth shall be complied with to the extent applicable to construction or other improvements in a floodplain area having special flood hazards.
