Purposes. The purpose of regulating steep sloped areas
as critical areas in the Borough of Cresskill is to prevent, or reduce, the
problems resulting from the development of such steep sloped areas, including,
but not limited to, the following: increased soil erosion and stormwater runoff;
loss of existing vegetation, which stabilize the soils on steep sloped areas;
increased costs for development, maintenance and remediation of problems;
blasting of bedrock; removal of topsoil and other soil; and degradation to
the visual aesthetics of ridges and hillsides.
Specific regulations. Development, including stripping
of vegetation, grading or other soil disturbances, throughout the Borough
of Cresskill shall occur only on those portions of a lot or tract outside
the steep sloped area except as otherwise specifically permitted by ordinance
and except further as follows:
No area with topographic slopes from 15% to 25% may be
disturbed or developed, except that, in specific situations and for good cause
shown by the applicant, an area equivalent to no greater than 15% of the total
lot or tract area may be developed, disturbed or regraded where the Borough
Engineer, in consultation with the Planning Board, if deemed necessary, determines
the following:
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 Subsection D of this section hereinbelow, 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.
An applicant may seek relief from these requirements by variance granted by the Planning Board or by the Zoning Board of Adjustment, as permitted by statute, provided that the applicant shall address Subsection B(2)(a), (b) and (c) of this section hereinabove to the satisfaction of the Board.
Performance standards. The Borough Engineer, when reviewing an application to disturb slopes from 15% to 25% in accordance with Subsection B(2) of this section hereinabove, or the Planning Board or the Zoning Board of Adjustment, as the case may be, when reviewing an application for variance relief from the requirements of this section pursuant to Subsection B(3) hereinabove, shall be guided by, but not limited to, the following performance standards:
The applicant shall demonstrate that the disturbance
of the steep sloped 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 Borough of Cresskill;
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
sloped areas by limiting development to either isolated area(s) of steep slopes
and/or to those slopes with relatively less of a steep grade;
The applicant shall demonstrate the appropriate revegetation
and landscaping of the disturbed steep sloped areas has been provided 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 Bergen County Soil Conservation District and the Borough Engineer;
The applicant shall demonstrate that the proposed disturbance
of the steep sloped 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;
The applicant shall demonstrate that the environmental
impacts resulting from the proposed development will be satisfactorily controlled
in a manner acceptable to the Borough Engineer so that soil erosion, excess
stormwater runoff, degradation of water quality, concentration of stormwater
and water flow and flooding do not occur; and
The geologic disturbance, including blasting, cutting
or excavating, resulting from the development of any steep sloped area will
be satisfactorily mitigated; and
The cost of providing and maintaining public facilities
and services to those areas where critical steep sloped areas may be disturbed
will not be substantially increased as a result of such disturbance.
Submission of grading, drainage and landscaping plans
for steep sloped areas. Any applicant proposing to disturb topographic slopes
equal to or exceeding a 15% grade in the Borough of Cresskill shall submit
the following information to the Borough Engineer or 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 steep slope analysis, including the following and utilizing
the best available topographic information, provided that the Borough Engineer
may require additional information, including, but not limited to, an on-site
topographic survey utilizing a five-foot contour interval or spot elevations
on the site to document steep sloped areas:
Existing contours at two-foot intervals, with the following
groups of slopes clearly delineated by shading: areas of slopes with grades
from zero up to, but not including, 15%; areas of slopes 15% up to, but not
including, 25%; and areas of slopes 25% and greater; and
The proposed grading plan superimposed on the existing contours, also shown at two-foot intervals, and also with the three groups of slopes noted in Subsection D(1)(a) of this section hereinabove appropriately shaded.
The grading plan, which shall be prepared at a minimum
scale of one inch equals 50 feet, including the following information in addition
to all other applicable requirements of the Land Development Ordinance:
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;
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
Drainage plans and supporting computations for any storm
drainage system, including the following information as may be required by
the Borough Engineer:
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;
A report by the design engineer containing the design
criteria used, the alternates considered, the reasons for the final selections
and the design calculations.
A specific identification within the area to be disturbed
of all individual trees or groups of trees which have a caliper of six inches
or more measured three feet above the ground level, with an indication of
which trees are to remain and which are to be removed.
Any additional information that is deemed necessary by
the Borough Engineer to evaluate the site conditions where the effects of
the disturbance to the steep sloped areas may pose special problems for the
tract and/or for the surrounding area.