Township of Montclair, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Montclair 10-6-1998 by Ord. No. 98-39. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 121.
Flood hazard areas — See Ch. 161.
Land use procedures — See Ch. 202.
Site plan review — See Ch. 281.
Subdivision of land — See Ch. 301.
Zoning — See Ch. 347.
It is the purpose of this chapter to protect the health, safety and welfare of people and property within the Township from improper construction, building and development on steep slope areas in the Township and, more particularly but without limitations, to reduce the peculiar hazards which exist on steep slopes by reason of erosion, siltation, flooding, soil slippage, surface water runoff, pollution of surface and ground water supplies from non-point sources and destruction of unique and predominant views. It is a further purpose of this chapter to encourage appropriate planning, design and development of sites within steep slope areas which preserve and maximize the most appropriate use of the natural terrain in recognition of environmental constraints.
The provisions of this chapter shall apply to the following:
A. 
All subdivisions and site plans on steep slopes and all approvals thereof.
B. 
All new construction on steep slopes, including principal building additions or accessory structures, which exceeds 200 square feet of building area.
C. 
All new impervious surfaces on steep slopes which exceed 200 square feet in area, including patios, driveways, parking areas, etc.
D. 
All grading or removal of vegetation on steep slopes which exceeds 1,000 square feet in area.
As used in this chapter, the following terms shall have the meanings indicated:
STEEP SLOPE
Any average slope exceeding 10%.
AVERAGE SLOPE
The difference between highest and lowest ground elevation on opposite sides or boundaries of an existing or proposed lot divided by the minimum horizontal distance between such high and low points.
SITE DISTURBANCE
Grading, tree and vegetation removal, building of structures, creation of impervious surfaces or other related activities which result in changes to the land surface.
DIAMETER AT POINT OF MEASUREMENT (DPM)
The point of measurement six inches above the ground surface measured on the downhill side of the tree.
A. 
All steep slope development in connection with an application before the Planning or Zoning Board shall be reviewed by the Planning or Zoning Board Engineer. Recommendations relating thereto shall be provided to the reviewing board prior to that board rendering a decision.
B. 
All other activities on steep slopes shall be reviewed by the Township Engineer.
All plans shall be at a scale of one inch equals 20 feet and prepared by a New Jersey licensed engineer or architect. All existing topographic and boundary information must be prepared by a New Jersey licensed land surveyor. A complete application shall contain the following:
A. 
Boundary survey.
B. 
Area calculations of site disturbance.
C. 
Existing and proposed topographic plans utilizing two-foot contours for the subject lot and 50 feet beyond the property lines.
D. 
Existing and proposed drainage systems, on site and off site, 50 feet beyond the property lines.
E. 
Drainage calculations, showing preconstruction and postconstruction runoff rates and velocities.
F. 
Rock outcroppings.
G. 
Type of vegetative cover.
H. 
Individual trees greater than six inches in diameter at point of measurement.
I. 
Existing and proposed buildings and structures above and below the surface.
J. 
Existing and proposed impervious surfaces.
K. 
Limits of all site disturbance.
L. 
Location and description as to the extent of any waterways, wetlands or springs, continuing or intermittent.
M. 
Any other engineering data which shall be deemed reasonably necessary by the reviewing engineer.
N. 
All applicable data required by the New Jersey Residential Site Improvement Standards for residential developments.
In order to obtain engineering approval, each applicant shall submit plans, reports and calculations designed to demonstrate and accomplish or further the following standards:
A. 
Control velocity and rate of water runoff from the proposed developed site so that such velocity and rate are no greater after development than before development, unless a more stringent standard is contained in the New Jersey Residential Site Improvement Standards, in which instance the more stringent provision shall apply.
B. 
Provide for the proper disposition of surface water runoff so that it will not create unstable conditions downstream and on adjacent properties. Appropriate storm drainage facilities shall be constructed as deemed necessary by the reviewing engineer.
C. 
Stabilize all fill placed on the lot by retaining walls or other appropriate structures as approved by the reviewing engineer when, in the opinion of the engineer, normal mulching and vegetation establishment will not suffice.
D. 
Establish vegetation sufficient to stabilize the soil on all disturbed areas as each stage of grading is completed. All disturbed soil surfaces shall be stabilized or covered prior to the first day of November if the planned impervious surface (e.g. roads, drives, etc.) cannot be established prior to November. A temporary treatment adequate to prevent erosion shall be installed on those surfaces.
E. 
Reestablish vegetation on disturbed areas. Exposed graded areas shall be mulched and seeded to provide a basic ground cover which will prevent erosion.
F. 
Meet all Building Code requirements where structures and/or retaining walls are involved.
G. 
Prevent soil slippage.
H. 
Minimize number and extent of excavations to prevent groundwater discharge to surfaces.
I. 
Preserve maximum number of trees and other vegetation on the site consistent with reasonable use and erosion control procedures.
J. 
Conform to standards for steep slope control contained herein and the Standards for Soil Erosion and Sediment Control adopted by the New Jersey State Soil Conservation Committee.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.