This Article XXXIV of the Land Use Ordinance shall be known and may be cited as the "Bridgewater Township Hillside Development Ordinance."
It is the purpose of this Article XXXIV to protect the health, safety and welfare of people and property within the Township of Bridgewater from improper construction, building and development on steep slope and hillside areas in the Township of Bridgewater, and more particularly, but without limitation, to reduce the peculiar hazards which exist in hillside areas by reason of erosion, siltation, flooding, soil slippage, surface water runoff, pollution of potable water supplies from nonpoint sources, destruction of unique and predominant views, and it is a further purpose of this Article XXXIV to encourage appropriate planning, design and development sites within hillside areas which preserve and maximize the best use of the natural terrain and maintain ridgelines and skylines intact.
A.
Applicants for site plan approval, subdivision approval or a building permit shall submit to the Planning Board Clerk or Engineering Department, as the case may be, all information and documents (exhibits) required by this Article XXXIV.
B.
The Planning Board Clerk shall process all exhibits submitted under this Article XXXIV in the same manner as applications for subdivision approval or site plan approval.
A.
For all sketch plats, sketch site plans and applications
for building permits, the following exhibits shall be submitted:
B.
Only where development is proposed on slopes greater
than 10%, as part of preliminary subdivision approval, preliminary
site plan approval and for applications for building permits, the
following additional exhibits, prepared by a qualified individual
or firm, as determined by the Planning Board with the advice of the
Environmental Commission, may be required to be submitted:
(1)
Extent and erodibility potential of exposed soils.
(2)
Length, steepness and surface roughness of exposed
slopes.
(3)
Resistance of soil to compaction and stability of
soil aggregates.
(4)
High-water table, water infiltration capacity and
capacity of soil profile.
(5)
Chemical, physical and biological nature of subsurface
soils.
(6)
Type and location of construction activity, including
the amount of site grading.
(7)
The time period of exposure of erodible soils during
construction.
(8)
The area and density of woodlands and forests, referenced
to the vegetation map of the Township's natural resources inventory,
within the construction site and on contiguous lands for a distance
of 500 feet. All significant tree specimens eight inches in diameter,
within the work area shall be indicated on the development plans as
well as physically marked on the construction site.
[Amended 11-18-1991 by Ord. No. 91-33]
(9)
The extent of impervious surface to be constructed.
(10)
Location of construction access roads.
(11)
Calculation of amount of site grading, to include
a cut-and-fill balance sheet, including cross sections, and indicating,
where applicable, the volume of and source of off-site fill.
A.
The Planning Board or Township Engineer, as the case
may be, shall review and approve only those applications where development
plans and necessary improvements accomplish the following:
(1)
Control velocity and rate of water runoff so that
such velocity and rate are no greater after construction and development
than before and all other provisions of the Bridgewater Township Stormwater
Control and Floodplain Ordinance have been complied with.
(2)
Minimize stream turbidity and changes in flow.
(3)
Protect environmentally vulnerable areas.
(4)
Stabilize exposed soils both during and after construction
and development.
(5)
Prevent soil slippage.
(6)
Minimize number and extent of cuts to prevent groundwater
discharge areas.
(7)
Preserve maximum number of trees and other vegetation
on the site and avoid the critical upland forest areas as shown on
the vegetation map of the Township's natural resources inventory.
B.
The Planning Board or the Township Engineer, as the
case may be, may impose such conditions upon any approval as said
Board or Engineer deems necessary to achieve the above stated goals.
All permanent improvements necessary to achieve the above criteria
shall be bonded in the same manner as set forth in the Subdivision
Ordinance and Site Plan Ordinance.[1]
C.
Any approval may be subject to the condition that
the applicant provide and adhere to a detailed construction schedule,
copies of which shall be supplied to the Township Engineer and the
Township Building Inspector for the purpose of monitoring the progress
of the work and compliance with the construction schedule. Said approval
may be further conditioned upon submission of periodic certifications
by the applicant as to compliance with the construction schedule,
and, in the event of noncompliance, written assurance as to the nature
and time when steps will be taken to achieve compliance with the construction
schedule.
D.
If the applicant becomes unwilling or unable to comply
with the construction schedule or any other requirements or conditions
attached to the approval of the application, and the Township Engineer
or the Township Building Inspector certifies such unwillingness or
inability to the Planning Board, the Planning Board may thereupon
revoke approval of the application, after notice and hearing to the
applicant, and no further work may be performed on such site with
the exception of temporary measures necessary to stabilize the soil
and to protect the site from stormwater damage or other hazards created
by construction activity on the site.
A.
To meet the purposes, goals and standards set forth in this Article XXXIV, the applicable provisions of the Zoning Ordinance relating to minimum lot sizes and density of development shall be modified in areas of slopes greater than 10%.
(1)
The maximum density and FAR modification shall be
determined by multiplying the total land area in various slope categories
by the following factors:
[Amended 12-5-2005 by Ord. No. 05-55]
|
Slopes
(percent)
|
Factor
| |
|---|---|---|
|
30 or greater
|
0.
| |
|
20-29
|
0.2
| |
|
11-19
|
0.5
| |
|
0-10
|
1.0
|
|
The resultant acreage is to be used to compute
FAR and density.
|
(2)
The maximum number of dwelling units allowed on any
tract shall be computed as follows:
|
(Land with slopes of 30% or more x 0)
| ||||
|
+ (Land with slopes of 20% to 29% x 0.2)
| ||||
|
+ (Land with slopes of 11% to 19% x 0.5)
| ||||
|
+ (Land with slopes of 0% to 10%)
| ||||
|
= Total Land available for Development (TLD)
| ||||
|
TLD
Minimum lot area required/d.u.
|
=
|
Total number of dwelling units on tract
| ||
B.
No development or improvements shall be permitted
on slopes of 30% or higher. Applicants shall be encouraged to concentrate
development on lesser slopes, and the Planning Board, in appropriate
cases and with adequate safeguards, may authorize development on lots
smaller than permitted in the zone in accordance with the provisions
of the Zoning Ordinance regulating cluster development,[1] provided the total number of dwelling units does not exceed
the maximum allowed after application of the density modification
formula.
C.
All land required to be maintained as permanent open
space shall be indicated as such on any approved plans.
D.
All FAR and density shall be based on the area of
the property after applying the density computations. Development
shall be permitted on the lesser slope area and not on areas of greater
slopes.
[Added 12-5-2005 by Ord. No. 05-55]
The maximum impervious surface permitted on
steep slopes shall be based on the percentage of slope as follows:
|
Slopes
(percent)
|
Maximum Impervious Surface
|
|---|---|
|
0-10
|
As permitted in the Zoning Ordinance[1]
|
|
11-19
|
50% of that permitted in zone
|
|
20-29
|
20% of that permitted in zone
|
|
30
|
No development permitted
|
[1]
Editor's Note: See Part 12, Zoning.
