[Added 3-12-2007 by Ord. No. 378]
A.
Purpose.
(1)
Construction on steep slopes results in accelerated
runoff of stormwater. The destruction of natural vegetation and the
increase in impervious surfaces compounds the problems of runoff.
Excess runoff causes loss of topsoil, silting of streams, flood damages
and erosion, as well as the accumulation of pollutants that are carried
into downstream water bodies. Leaving woodlands and steep slopes undisturbed
aids the control of erosion and sedimentation, the capability of the
underlying soils to absorb and retain moisture and the protection
of the quality of watershed and streams.
(2)
The purpose of this section is to regulate the intensity
of land use in areas of steep slope terrain in order to limit soil
loss, erosion, excessive stormwater runoff, and degradation of surface
water and to maintain the continuing replenishment of groundwater
resources, natural topography, ridgelines and drainage patterns of
the land.
(3)
Another purpose of this section is to reduce the visual
impact of development on ridgelines and scenic vistas in order to
help preserve the rural and scenic character of the Borough, and to
promote additional environmental benefits.
(4)
It is not the intent of this section to regulate agricultural
activities on properties qualified for farmland assessment under the
Farmland Assessment Act (N.J.S.A. 54:4-23.1 et seq.) or for right-to-farm
protection under the Right to Farm Act (N.J.S.A. 4:1C-1 to -11).
B.
Applicability.
(1)
General. In order to promote environmental soundness
in the development of property and in the layout and design of site
plans and subdivisions, the natural resource regulations and restrictions
within this steep slope section shall apply to the following activities
within the Borough:
(a)
All applications for major or minor subdivision,
site plan, or land disturbance approval. "Land or site disturbance"
for the purpose of this section shall mean any proposed or anticipated
activity involving the clearing, cutting, excavation, grading, filling,
storing, or transporting of land or any other activity which increases
land exposure and susceptibility to erosion.
(b)
Any site disturbance, development or redevelopment
creating greater than or equal to 5,000 square feet gross disturbance.
(2)
Exemptions and exceptions:
(a)
Quarries, gravel pits, sand pits and shale pits,
when permitted and regulated under other ordinances of the Borough.
(b)
Isolated areas of small rock outcroppings, man-made
steep slopes or other small land risings within an applicable development,
provided that the area does not exceed 1,000 square feet in size.
(c)
Land development plans which were granted final
approval prior to the adoption date of this section.
(d)
Nothing herein shall be construed to prohibit
the use of land for farming activities, provided that such uses are
consistent with all other municipal, county, and state regulations,
or for which property has an approved agricultural management plan,
farm conservation plan or woodland management plan.
C.
Steep slope development regulations. Structures and
impervious surfaces may be constructed and land may be disturbed within
steep slope areas as outlined below, provided that said disturbance
is permitted under all other municipal, county and state regulations:
(1)
On slopes of less than 15%, up to 100% of the slope
areas may be disturbed as limited by site development standards pertinent
to the applicable zoning.
(2)
On slopes of 15% and up to 19.99%, a maximum of 40%
of the slope areas may be disturbed.
(3)
On slopes of 20% and up to 24.99%, a maximum of 20%
of the slope areas may be disturbed.
(4)
On slopes of 25% and up to 29.99%, a maximum of 10%
of the slope areas may be disturbed.
(5)
On slopes of 30% or greater, no development, regrading
or stripping of vegetation shall be permitted.
(6)
Any proposed disturbance for roadway crossings or
utility construction in areas of slopes of 30% or greater shall require
variance application and approval, and in addition to the required
MLUL burden of proof,[1] the applicant must affirmatively demonstrate, via analysis
of alternatives, that the roadway or utility improvements are necessary
in the sloped area. Roads and driveways shall follow the natural topography
to the greatest extent possible to minimize the cutting and grading
of critical slope areas.
[1]
Editor's Note: See the Municipal Land Use
Law; N.J.S.A. 40:55D-1.
(7)
Site design and grading on slopes of 15% or greater
shall provide the minimum disruption of view corridors and scenic
vistas and shall preserve significant natural topographic features
to the greatest extent possible.
D.
Review process and plan requirements.
(1)
Permit and application review process.
(a)
If the proposed disturbance area(s) contains
no slopes of 15% or greater, a letter confirming such shall be issued
by the Municipal Engineer, Zoning Officer and/or Construction Official,
and applications and permits shall be processed without regard to
this section.
(b)
If the proposed disturbance area(s) contains
slopes of 15% or greater, the Municipal Engineer shall review the
application and related reports and provide a written report on compliance
with the terms of the section to the Zoning Officer, Construction
Official or Planning and Zoning Board recommending acceptance or rejection
of the application and including any specific conditions to be complied
with in order for the plans to be approved.
(2)
Performance standards; site plan and other report
requirements.
(a)
Before a permit is issued for any construction
or site disturbance activity on any land affected by this section,
the following material shall be submitted for review by the Municipal
Engineer:
[1]
Site plan. For all earthmoving activities on slopes of 15% or greater, the applicant shall submit a site plan prepared by a New Jersey licensed professional engineer and land surveyor (as required for topographic mapping and survey data) that meets the requirements of § 109-9, Preliminary site plan elements, and also includes the following:
[a]
The location of existing natural
and topographic features on and within 200 feet of the site boundary.
[b]
The location of all existing and
proposed improvements, other impervious surfaces, storm drainage facilities,
retaining walls, and all water bodies, including but not limited to
streams, lakes and wetlands.
[c]
The general location and density
of all existing vegetation, including meadow, forest and scrub lands,
and a tabulation of those areas of vegetation which will be removed
as well as vegetation to be preserved.
[2]
Grading plan. A grading plan of the subject property that meets the requirements of § 109-9A(8), Site Plan Review[2] and depicts slope classes of 0% to 14.99%, 15% to 19.99%,
20% to 24.99%, 25% to 29.99%, and 30% and greater, based on two-foot
contours analyzed on a ten-foot horizontal interval. The grading plan
shall include a chart summarizing the area of each slope class and
the area and percentage proposed to be disturbed.
[3]
Sediment and soil erosion control plan. A sediment
and soil erosion control plan according to the requirements of Sussex
County Soil Conservation District and also including a construction
narrative and proposed construction schedule, and a statement and
description of the stability of soils on site and the appropriateness
of the construction method proposed. The plan shall set forth specific
structural and nonstructural measures to control sediment generated
on site, soil loss, and excessive stormwater runoff both during and
after construction. Specifications for revegetation shall also be
included.
[4]
Hydrology, drainage and flooding analysis report.
A hydrology, drainage and flooding analysis report to include a statement
on:
[a]
The effect on the proposed development
upon water bodies or wetlands in the vicinity of the project;
[b]
The underlying geology attesting
to the stability of the site; and
[c]
The building methods to be used
in overcoming foundation and other structural problems created by
slope conditions, preserving the natural watersheds, and preventing
soil erosion and excessive surface water runoff to neighboring properties
and/or streets.
(b)
The use of conservation easements on steep slopes
is encouraged to preserve the area in perpetuity.
