[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The purpose of regulating steep slopes in the Town of Morristown
is to prevent or reduce the problems resulting from the development
of such environmentally sensitive areas. The New Jersey State Development
and Redevelopment Plan states that slopes that are in excess of 15%
are environmentally sensitive, and the alteration of such slopes can
adversely affect the slope itself, surrounding land, and the region
as a whole. The removal of vegetation from a steep slope increases
water runoff and erosion, reduces the stability of remaining plants
on the slope, and degrades the visual aesthetics of the area as a
whole. Because of increased water runoff, as the water spills into
nearby lakes and streams, it brings along loose soil, which adds sediment
to the waterways and pollutes key regional water resources. Surface
runoff from Morristown drains into both the Whippany River watershed
and the Great Swamp, two key natural resources in the region. The
speed at which the water passes down an unprotected slope into a lower
lying area may also cause serious flooding and landslides. The higher
speed of surface water runoff also reduces the amount of water percolating
into groundwater and aquifers immediately surrounding the slope, which
can result in periodic or permanent water shortages. This is a particularly
important consideration in Morristown because the Town is located
above one of the key regional aquifers. The erosion of a hillside
also leaves remaining vegetation with a lack of nutrient-rich soil
and weak root systems, which may cause falling trees and deteriorating
plant life conditions, leading to the aesthetic decline of the site
and the Town as a whole. Finally, it is also important to note that
if this section is to remain consistent with Morristown's role as
a designated regional center, it must be structured so that it does
not significantly and unreasonably limit the growth capabilities of
the Town.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
All development and redevelopment activities, including stripping
of vegetation, grading, or other soil disturbances, may occur without
approval under this article only on noncritical areas of the tract
or steep slope areas, provided that the development activity complies
with the following provisions:
a.
No area with prohibitive slopes shall be disturbed, developed, or
redeveloped.
b.
No area with precautionary slopes may be disturbed or developed without
the applicant submitting sufficient evidence to prove the following:
1.
Soil erosion, land disturbance, and other environmental concerns
have been adequately addressed.
3.
The applicant has submitted grading, drainage, and landscaping plans for the entire lot or tract of land to be developed, each in accordance with the requirements specified in § 30-511, which plans confirm conformance with the aforementioned performance standards and which further confirm that the rate and velocity of the surface water runoff from the entire site which will result following completion of the proposed development shall not exceed that which currently exists in the predevelopment conditions. Certification by a professional engineer will be required stating that the standards contained herein have been met.
4.
A precautionary slope with a minimum grade of at least 15% but not
more than 20% may have a maximum disturbance area of no greater than
50%.
5.
A precautionary slope with a minimum grade of at least 21% but not
more than 25% may have a maximum disturbance area of no greater than
25%.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
An applicant may seek relief from the requirements of these
regulations by applying for variances to either the Planning Board
or by the Zoning Board of Adjustment, depending on which Board has
jurisdiction based on the provisions of the New Jersey Municipal Land
Use Law.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Town Engineer, when reviewing an application to disturb
precautionary slopes or when reviewing an application for variance
relief from the requirements of this section, shall submit a report
to the Planning Board or Board of Adjustment for each application.
The Planning Board or Board of Adjustment shall be guided by, but
not limited to, the following performance standards:
a.
The applicant shall demonstrate that the disturbance of the steep
slope area is necessary for the proposed development of the subject
tract or lot, and that such development is otherwise in accordance
with the applicable ordinance provisions of the Town of Morristown.
b.
The applicant shall demonstrate that the proposed development has
utilized the noncritical areas of the tract to the extent reasonably
practicable and that an attempt has been made to minimize the disturbance
of the steep slope areas by limiting development to isolated areas
of steep slopes.
c.
The applicant shall demonstrate that appropriate revegetation and
landscaping of the disturbed steep slope areas will be provided so
as to adequately stabilize the slopes and enhance the attractiveness
of the site, all in accordance with accepted soil conservation and
stormwater management techniques as promulgated by the Town Engineer.
d.
The applicant shall demonstrate that the proposed disturbance of
the steep slope area minimizes the impairment of the visual quality
of the site and protects the higher elevations along hillsides, ridges,
and mountain tops which create visual amenities.
e.
The applicant also shall demonstrate that:
1.
Any geologic disturbance, including blasting, cutting, or excavating,
resulting from the development of a steep slope area will be satisfactorily
mitigated; and
2.
The cost of providing and maintaining public facilities and services
to those portions of the site where steep slope areas are to be disturbed
will not be substantially increased as a result of such disturbance.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Any applicant proposing to disturb steep slopes in the Town
of Morristown shall submit the following information to the Town Engineer
and to the Planning Board or the Zoning Board of Adjustment, as the
case may be, and all submitted plans, details, and calculations shall
be prepared, signed, and sealed by a New Jersey licensed professional
engineer:
a.
A steep slope analysis, utilizing the best available topographical
information, as determined by the Town Engineer. The analysis shall
be based on two-foot contour intervals or spot elevations if appropriate.
Areas designated as steep slope areas shall be shaded and the amount
of land area calculated. The analysis shall identify noncritical,
precautionary, and prohibitive slopes.
b.
A grading plan, which shall be prepared at a minimum scale of one
inch equals 20 feet, shall include the following information in addition
to all other applicable requirements of the Land Development Ordinance:
1.
Plans showing the location of, and details for, all drainage devices,
retaining walls, cribbing, dams, or other protective devices to be
constructed, and any existing or proposed swales, ditches, brooks,
or other drainage patterns;
2.
Plans, profiles, cross sections, and details of all retaining walls
showing the height of each wall, the elevation at the top and bottom
of each wall, the materials to be used, a profile and cross section
of each wall, any proposed plantings, any safety barriers, the calculations
of anticipated earth and hydrostatic pressures and surcharges, and
the calculations detailing the design of each wall; and
c.
A map designating the maximum limits of clearing and disturbance.
d.
Drainage plans and supporting computations for any storm drainage
system shall be submitted, including the following information as
may be required by the Town Engineer:
1.
All existing or proposed storm sewer lines within or adjacent to
the tract, showing the profile, size, and slope of the lines, the
direction of flow, and the location of each catch basin, inlet, manhole,
culvert, headwall, and utility line, including pipe sizes and grades.
2.
A map drawn to scale (minimum scale one inch equals 100 feet) showing
the contributing area to each inlet or cross drain.
3.
The weighted run-off coefficient for each drainage area that was
utilized in the submitted computations and a report by the design
engineer containing the design criteria used, the alternates considered,
the reasons for the final selections and the design calculations.
e.
Landscaping plans, indicating the following information:
1.
The proposed limits of disturbance of the subject site.
2.
A general depiction of all existing vegetation within the area to
be disturbed and a planting plan including a planting schedule for
the plant material to be installed.
3.
A specific identification within the area to be disturbed of all
individual trees or groups of trees which have a caliper of eight
inches or more measured three feet above the ground level, with an
indication of which trees are to be removed.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Developments shall be exempt from the steep slope requirements
of this section, as follows:
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals under the
subdivision and site plan review process and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by other applicable codes, rules, acts or ordinances.
In their interpretation and application the provisions of this article
shall be held to be the minimum requirements for the promotion of
the public health, safety, general welfare, and the protection of
water quality.
