[HISTORY: Adopted by the Township Council of the Township
of Springfield 12-20-2023 by Ord. No. 2023-13. Amendments noted
where applicable.]
This chapter regulates 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 and shall be applicable to
new development or land disturbance on a steep slope within Springfield.
The Township incorporates the recitals to this chapter as if the same
were written herein to further emphasis the importance of this chapter.
As used in this chapter, the following words shall have the
following meanings:
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
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.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
Any slope equal to or greater than 15% 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.
For steep slopes any disturbance shall be prohibited except
as provided below:
A.
Redevelopment within the limits of existing impervious surfaces;
B.
New or continued disturbance in furtherance of and customary to sustained
agricultural or silvicultural production; and
C.
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.
D.
The applicant shall demonstrate through site plans depicting proposed
development and topography that new disturbance is not located in
areas with a 15% or greater slope.
A.
This chapter shall be enforced by the Township Zoning Code Enforcement
Officer and the Township Engineer. The Township Manager may designate
additional municipal officials including contracting with additional
experts to ensure the appropriate enforcement of this chapter.
C.
Separate violations. Except as otherwise provided, each and every
day in which a violation of any provision of this chapter exists shall
constitute a separate violation.
D.
Application. Due to the severity of potential damage to the lands
of the Township of Springfield for a violation of this chapter, the
court, upon application from the Municipal Prosecutor, should consider
imposition of the maximum penalty on a first offense violation as
well as on any additional violations.
E.
In addition to the penalty set forth in this section, the court may
direct the defendant to post a bond or cash sum equivalent as determined
by the Township Engineer to remediate the existence of a steep slope
and for restoration of any damages, costs, fines and penalties due
to the existence of a steep slope on the impacted property as well
as any other damage on other properties caused by any condition created
by the steep slope.
F.
A prompt investigation shall be made by the appropriate personnel
of Springfield Township, 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 municipality, 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 chapter 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 chapter. Each
day a violation continues shall be considered a separate offense.
